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Personal Subscription Agreement
Last modified: April 23, 2013
This Personal Subscription Agreement (the “Agreement”) is made by and between The Wine Advocate, Inc. (“The Wine Advocate,” “we” or “us”) and the subscriber which,
by accepting the terms of this Agreement ("subscriber" or "you"),and continent upon your paying
the associated subscription fee, agrees to the terms hereof relating to use of the eRobertParker.com Web site (the "Site").
THE SERVICE
The Site provides access to wine tasting notes and other information about wine, including as may have been previously published by Robert M. Parker, Jr.
in his newsletter, Robert Parker's Wine Advocate, and in his various books (together with original content developed specifically for the Site,
the "Content"). The Site may also include other features and services of interest to wine drinkers and collectors and to those in the wine trade. The
choice of such features and services is made at the sole discretion of eRobertParker, and may change from time to time without notice.
The database of information will be updated approximately at the same time Robert Parker's Wine Advocate newsletter is mailed.
Interim updates may also be posted between issues of the newsletter at the sole discretion of eRobertParker.
YOUR SUBSCRIPTION
Your subscription provides unlimited access to this information via a personal computer or a mobile electronic
device that provides access to the Internet (a "Device"). You may not access the information from more than Device the same time.
You must select a Username and Password at the time you subscribe (subject to the availability). We will use certain technologies
which are intended to ensure that only one person is using each Username at any given time. Sharing your Username and Password
with others (except as described below) is a violation of this Agreement and is grounds for immediate termination of your subscription,
without a full or partial refund of your subscription fee.
If you are an entity or person engaged in the wine trade, such as in the retail or wholesale sale of wine,
the importation or distribution of wine or wine production, or if you operate a restaurant, and in each case if you are using your subscription
in any way in connection with your business than you are a "Commercial User" and this Agreement does not apply to your use.
All Commercial Users must identify themselves as such when creating or renewing their account.
WHO MAY USE YOUR SUBSCRIPTION
As an individual, your subscription and this Agreement is for your own personal use of the Site.
It may not be shared, resold, subdivided or sublicensed to anyone else (except for immediate family members, defined as your spouse and
any relatives living with you in your primary residence). You may create reports and printouts for your personal use and use by your immediate family,
but under no circumstances can you distribute the reports and printouts to others by any means. You may store reviews and tasting notes for
use in managing wine that you personally own, but these stored notes and reviews may only be accessible for the duration of this Agreement and your subscription.
Upon the expiration or termination of your subscription or this Agreement for any reason, you agree to delete or destroy any stored notes or reviews
in electronic, printed, or any other form or medium.
No use of the Site or the Content is permitted except as specifically provided herein. Except as otherwise permitted, your subscription
is personal to you and not transferable or sub-licensable to, or usable by, any other person, business or other entity. All of the information and
content provided by eRobertParker is the copyright protected property of Robert M. Parker, Jr. and/or Robert Parker's Wine Advocate. eRobertParker
reserves all rights in and to the Content and any other materials on the Site. Without limiting the foregoing, you specifically agree that you
shall not use the Content or any other materials on the Site in connection with any other materials, works, content or reviews, and you shall not modify
or make any derivative works therefrom and shall not copy, publish, republish, distribute, transmit or disseminate the Content or any portion thereof
in any manner unless specifically permitted herein.
In addition, access to the Site using computer programs, software or routines, or by another means, including but not limited to, Web robots,
Web wanderers, crawlers or spiders, that are designed to systematically download the Content in any manner, is specifically and strictly prohibited.
Please understand that we are very serious about the protection of our rights in the Content and that any violation of this Agreement
or use of the Content beyond what is specifically permitted herein may be an infringement of our copyrights for which we reserve
the right to seek damages, legal fees, and costs.
TERM OF YOUR SUBSCRIPTION
Unless otherwise previously terminated, subscriptions are for one year. Using the information you provided
when you registered, we will attempt to notify you several weeks before your subscription will expire reminding you of the renewal.
Your subscription will then be automatically renewed unless you turn off automatic renewal by visiting the online Support page
and changing your account information.
TERMINATION OF YOUR SUBSCRIPTION
If you breach any terms of this Agreement, we reserve the right to terminate your subscription and your access
to the Site without notice and without refund of your subscription fee.
CONTROL OF YOUR PERSONAL INFORMATION
We may occasionally allow other companies to provide information to our subscribers about their wine-related products
or services. We will never provide any information about you to these companies other than your email address, and will do so only if you specifically
agree to it at the time you register.
SECURITY OF YOUR PERSONAL INFORMATION
eRobertParker shall endeavor to protect the security of your personal information.
We have implemented procedures which are intended to protect your data from loss, misuse, unauthorized access or disclosure,
alteration, or destruction. Your personal information is never shared by us without your permission. Your data is stored in
password-controlled secure servers, and your information will be stored and processed in the United States.
You also have a significant role in protecting your information. No one can see or edit your subscription
information without knowing your Username and Password, so do not share these with others.
USE OF COOKIES
When you sign onto our Site, you are assigned a personal identification number which is sent to your Device
in the form of a small text file called a "cookie." This cookie allows us to monitor your use of our Site. This is done only for the
purpose of protecting us and you should your Username and Password become available to someone other than you.
If you choose to not have your browser accept cookies from the eRobertParker Site, you will not be able to access the Site.
LIMITATION OF LIABILITY
eRobertParker will use commercially reasonable efforts to ensure the accuracy, responsiveness and availability of
the Site to its subscribers. Under no circumstances, however, will we be liable for any direct or indirect damages with respect to the
accuracy of the information, the availability of the Site, the responsiveness of the Site or your use of information provided to you by the Site.
Without limiting the foregoing, the "Find it Online" feature of this Site is provided through an arrangement with WineAlert.
WineAlert is the exclusive, independent provider of retailer pricing data to eRobertParker. eRobertParker presents these listings solely
as a service to its subscribers, and receives no compensation whatsoever from listed retailers or from WineAlert. Although it has been professionally
edited by Wine Alert, neither eRobertParker nor WineAlert can guarantee the accuracy of the wine retailer information. You should use reasonable
caution in making any purchase arrangement with the wine retailers listed, including whatever is necessary to assure that your purchase is legal
in the jurisdictions in which you and the wine retailer are located.
The purchase, sale and distribution of wine is regulated by different laws in various jurisdictions. If you are
purchasing and/or selling wine, you should make certain you are familiar with the current laws governing the sale and shipment of wines in your
jurisdictions and place you may be shipping wine.
COMPLETE AGREEMENT
This is the complete Agreement with respect to your use of the Site.
Nothing published or stated elsewhere (other than in the Usage Guidelines) should be viewed as a modification of this Agreement.
GOVERNING LAW AND JURISDICTION
This Agreement shall be construed, interpreted and determined in accordance
with the laws of the State of Maryland. Any controversies arising out of this Agreement shall be brought
exclusively in the U.S. District Court for the District of Maryland or, if the U.S. District Court for the
District of Maryland does not have subject matter jurisdiction thereover, than in the Circuit Court for Baltimore County, Maryland.
EQUITABLE RELIEF
Your breach of this Agreement may cause irreparable damage that cannot be readily remedied
by monetary damages in an action at law and may also constitute an infringement of trademark rights and copyright rights.
As such, you agree to the entry of an immediate injunction, in addition to any other remedies available at law or in equity,
to stop or prevent any irreparable harm, loss or dilution as result of a breach of this Agreement.
CHANGES TO THIS AGREEMENT
eRobertParker may occasionally update this Agreement. When we do, we will also revise the "last updated" date at the
top of the copy of the Agreement posted on the Site. For changes to this Agreement we consider material, eRobertParker
will notify you by placing a prominent notice on the Site. Such changes will be effective when posted by us. Your continued use
of the Site after the date upon which this Agreement is changed and the changes are posted will constitute your continued acceptance
of this Agreement. Your only alternative, should you no longer wish to be bound by this Agreement, is termination of your use of the Site.
No full or partial refunds will be offered in such an event.
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