Legal Documentation

Terms of Service

The below terms and conditions of use ("Terms of use") govern your online use of the Grapexchange website and mobile application that link to or reference the ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Grapexchange a California LLC., located in Santa Rosa, California ("Grapexchange"). Do not access or use the site if you are unwilling or unable to be bound by the Terms of Use.

  1. Definitions

    1. Parties

      "You" and "your" are referring to you as a user of Grapexchange Site. A "site user" is anyone who browses, crawls, accesses, scrapes, or uses the Site in any way. "We," "us," and "our" refer to Grapexchange.

    2. Content

      Content includes images, video, geo-location information, text, and all other forms of data or communication. "Your Content" means Content that is submitted or transmitted to, through, or in connection with the Grapexchange website, text about you or your business, including wine ratings, reviews, compliments, messages, jobs, events, key Connections and information that you publicly display or are displayed in your account profile. "User Content" means Content which is user submitted or transmitted to, through, or in connection with the Grapexchange website. "Grapexchange Content" means Content that we create and make available in connection with the website. "Third Party Content" means Content that originates from parties other than Grapexchange or its users, which is made available in connection with the Site. "Site Content" means any Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Grapexchange Content.

    3. Identity of Members

      We use techniques to help verify the identity of Members when they register for memberships on our Site; however, Grapexchange cannot and will not guarantee each service provider's identity; nor can we guarantee their capabilities. We have implemented a user-managed feedback system to help you evaluate Members with whom you are considering transacting business. In addition, We cannot guarantee that information provided by or about Members on the Site is accurate. You should use Grapexchange as a starting point for identifying members to provide the products and services you need, then conduct your own research to ensure that members you choose to do business with are appropriate for you. You acknowledge that participation when and if available, may under certain circumstances result in Members receiving contact information for you in accordance with the terms and conditions governing these programs.

  2. Modification to Terms of Service

      Grapexchange may modify the Terms and Service at any time. We shall make reasonable steps to notify you after publication of such changes and or modifications. These updates include, without limitation, payment of terms for Services. You will be provided the option to terminate your use of the Services if Grapexchange modifies the Terms in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms. YOUR USE OF THE SERVICES ON Grapexchange INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS. MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON BEING POSTED ON THE SITE.

    1. Site Usage

      To access or use our site, you must be 21 years of age or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account. Membership in Grapexchange is void where prohibited. Your Grapexchange membership may not be transferred or sold to another party at any time.

    2. Site use and Permission

      B.We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

    3. Site Availability

      The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

    4. User Accounts

      You must create an account and provide certain information about yourself or business in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password(s). You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.In creating it, we ask that you provide complete and accurate information about yourself so that your credibility as a contributor/business is bolstered. You may not impersonate another user or business, create, or use an account for anyone other than yourself. You may not use an email address other than your own or create more than one account. If you use a pseudonym as a username, other users may still be able to identify you.

    5. Authorization to Credit and Debit Accounts

      If applicable, based on the various optional fee-based programs, You irrevocably and expressly authorize Grapexchange to debit or credit, as applicable, any monies to the account that you have identified for Grapexchange. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Site. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below. You irrevocably and expressly authorize Grapexchange to withhold any monies and/or debit any monies from any account that you have identified to Grapexchange for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to Grapexchange. We reserve our rights to all actions and remedies in connection with any monies owed to Grapexchange. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that We take toward any identified account pursuant to this Section.

    6. Unpaid Fees

      If, for any reason, any fees you owe Grapexchange have not been received or in any manner realized by Grapexchange ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. In addition, Grapexchange may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that you maintain. Any partial payments made by Members will first be applied to the most recent fees owed to Grapexchange, including interest. Grapexchange reserves the right to waive or reduce the amount of any Unpaid Fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. Notwithstanding the foregoing, Grapexchange agrees that it will not charge any late fees or interest to a Member's credit card.

    7. Communications from Grapexchange and other Users

      By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive reviews on your business, products, and or compliments, reviews and industry connections requests from other Users. If you opt in you will receive our weekly e-mail newsletter providing information on local events. You can opt-out of non-essential communications via the bottom of any newsletter.

  3. Content

    1. Responsibility for Your Content

      You yourself are responsible for Content posted to Grapexchange. Once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. By posting content on our site you signify that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Grapexchange. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

    2. Our Right to Use Your Content

      Grapexchange may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, promoting it, distributing it via social channels, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). Agreeing to the Terms of Service mean you hereby grant us world-wide, non-exclusive, royalty-free, assignable, perpetual, sublicensable, transferable rights to use Your Content for any purpose we deem useful. You also grant other site users the right to access Your Content in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, against Grapexchange and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

    3. Ownership

      As between you and Grapexchange, you own Your Content. We own the Grapexchange Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. Grapexchange owns all copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Grapexchange Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Grapexchange Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Grapexchange Content are retained by us.

    4. Advertising

      Grapexchange and third party advertisers may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

    5. Other

      User Content (including any that may have been created by users employed or contracted by Grapexchange) does not necessarily reflect the opinion of Grapexchange. We reserve the right to edit, remove, screen, or reuse User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. Grapexchange we may remove a review if we believe it violates our Guidelines of Use We have no duty to provide or retain copies of Your Content, nor do we assure any confidentiality with respect to Your Content.

  4. Restrictions

      We have no requirement to impose the Terms of this agreement on your behalf against other site users. Grapexchange encourages you to notify us if you believe another user has violated the Terms of this agreement. We reserve the right to take appropriate action and investigate at our sole discretion.

    1. You agree not to, assist, encourage, or enable others to use the Site to:

      1. Breach our Guidelines of Use, by publishing a fake or slanderous, malicious reviews, trading reviews with other businesses, or compensating someone to change or remove a review;

      2. Break any third party's rights, including, copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right;

      3. Threaten, stalk, harm, or harass other uses, or promote bigotry, hate, or discrimination;

      4. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Grapexchange;

      5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;

      6. Solicit personal information from other users, or submit or transmit pornography; or

      7. Violate any applicable enforceable law.

    2. You also agree not to, and will not assist, encourage, or enable others to:

      1. Violate the Terms;

      2. Change, alter, readjust, convert, redesign, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Grapexchange;

      3. Use any machine, robot, web spider, site crawler, search mirror application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;

      4. Reverse engineer any portion of the Site;

      5. Remove or modify any copyright, watermarks, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;

      6. Record, process, or mine information about other users;

      7. Enter, retrieve, or index any portion of the Site for purposes of constructing or populating a database of searchable business ratings, or reviews;

      8. Reformat or i-frame any portion of the Site;

      9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Grapexchange's technology infrastructure or otherwise make excessive traffic demands of the Site;

      10. Enter, retrieve, or index any portion of the Site for purposes of constructing or populating a database of searchable business ratings, or reviews;

      11. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

      12. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");

      13. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;

      14. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or

      15. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

    3. The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

      Grapexchange and third party advertisers may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

    4. Other

      User Content (including any that may have been created by users employed or contracted by Grapexchange) does not necessarily reflect the opinion of Grapexchange. We reserve the right to edit, remove, screen, or reuse User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. Grapexchange we may remove a review if we believe it violates our Guidelines of Use We have no duty to provide or retain copies of Your Content, nor do we assure any confidentiality with respect to Your Content.

  5. Guidelines and Policies

    1. Content Guidelines

      You represent that you have read and understood our Guidelines of Use.

    2. Privacy

      You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

    3. Copyright And Trademark Disputes

      Please see our Infringement Policy. for information about copyright and trademark disputes.

    4. Reporting Claims of Copyright Infringement

      We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

      • Your physical or electronic signature.

      • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

      • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

      • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

      • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

      Our designated Copyright Agent to receive DMCA Notices is:

      Wine Routes Attn: Legal Department 611 4th St. Suite 205B Santa Rosa, CA 95404 USA

      If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

      Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

      If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

      • Your physical or electronic signature.

      • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

      • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

      • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

      Completed Counter-Notices should be sent to:

      Wine Routes Attn: Legal Department 611 4th St. Suite 205B Santa Rosa, CA 95404 USA

      The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

      Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

      Repeat Infringers

      It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

  6. Grapexchange Deals and Grapexchange Advertising

    If you purchase a Grapexchange Coupon or Gift Certificate, the terms of your purchase will be governed by the Grapexchange General Terms for Deals and Certificates. Please review them before you make each purchase since they may change from time to time. In the event of any conflict between the Grapexchange General Terms for Deals and Certificates and these Terms, the Grapexchange General Terms for Deals and Certificates will prevail. Similarly, if you create a business owner's account on the Site or purchase advertising from Grapexchange, the Grapexchange Advertising Agreement will apply. In the event of any conflict between the Grapexchange Advertising Agreement and these Terms, the Grapexchange Advertising Agreement will prevail.

  7. Suggestions and Improvements

    By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Grapexchange and its users any claims and assertions of any moral rights contained in such Feedback.

  8. Third Parties

    Grapexchange may include links to other websites or applications ("Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

  9. Indemnity

    You agree to indemnify, defend, and hold Grapexchange, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Grapexchange Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Grapexchange reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Grapexchange. Grapexchange will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  10. DISCLAIMERS AND LIMITATIONS OF LIABILITY DISCLAIMERS AND LIMITATIONS OF LIABILITY PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE Grapexchange ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE FOREGOING YOUR LEGAL RIGHTS BY AGREEING TO THESE TERMS.

  11. Fraud

    Grapexchange may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our Site, as determined in our sole discretion. Fraudulent acts include, but are not limited to, the manipulation of the Rating and Review System.

  12. Manipulating Ratings and Reviews

    You acknowledge and agree that the Site is a neutral venue and that all transactions for services are made by and between you and other Members only and, therefore, We cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the integrity of the Site is the ability for Members to leave Review and Ratings about your products/services and businesses, this includes, (positive, neutral or negative) AND for other Members to read and evaluate those feedback reviews and make choices based upon that feedback. Henceforth, in order to continue the key component and wholeness of the Site, you shall NOT: Try to restrict in any way a Member's right to post a review, by contract or otherwise; - Offer a Member cash or other compensation in any form in exchange for a more favorable review; - cut and paste and/or copy the content of a Member feedback review from the Site to your own personal or business site, to any other third party Web site and/or to or on any of your own personal, business or third-party marketing/advertising materials, regardless of the form; - Attempt to gain feedback by receiving multiple feedback from the same member; - Post or attempt to post, in any manner or by any means, a feedback review on your own account; or - Misrepresent or impersonate another Member.

  13. Deals and Coupons

    We may allow you to receive promotional coupons ("Coupons and Deals") that may be used to purchase goods and services from third parties ("Coupon Vendors"). In no event shall We be responsible for providing the goods and/or services indicated in a Coupon. We shall have no liability for the goods and/or services provided under a Coupon. You agree to look solely to the Coupon Vendor for the goods and/or services to be provided; therefore, the Coupon Vendors are responsible for any damages, claims or liabilities, including, but not limited to, injuries and property damages. You hereby release Grapexchange and our affiliates, officers, directors, employees, shareholders, agents from and you waive, and release us and our officers, directors, employees and agents from, any and all claims, causes of action, damages, liabilities, costs, and attorneys' fees and expenses whatsoever, known or unknown, arising out of the goods and/or services provided in connection with the Coupons. Additional terms and conditions may be contained on each Coupon. Any violation of the Coupon terms and conditions will make the Coupon void. We are not responsible for lost or stolen Coupons. The combination of a Coupon with other coupons or offers is at the sole discretion of the Coupon Vendors. Coupons are not redeemable for cash. Only one Coupon per redemption. A Coupon is automatically void if prohibited by law. A Coupon may not be used for, tips, taxes, and any other statutory limitations. Any Coupon credit for use of the Coupon for less than its face value shall be at the sole discretion of the Coupon Vendor, unless otherwise required by law. You acknowledge and agree that Grapexchange may stop (permanently or temporarily) providing the Coupons to you or to users generally at Grapexchange's sole discretion, without prior notice to you.

      WHAT IS THIS SECTION?

    1. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE Grapexchange ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. Grapexchange MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY Grapexchange ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

    2. Grapexchange MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. Grapexchange IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

    3. Grapexchange EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE Grapexchange SHALL CREATE A REPRESENTATION OR WARRANTY.

    4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

    5. Grapexchange MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO Grapexchange IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

    6. THE Grapexchange ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

  14. Choice of Venue and Law

    California law will govern all Terms in this agreement, as well as any claim, cause of action or dispute that might arise between you and Grapexchange (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SONOMA COUNTY, CALIFORNIA.

  15. Termination

    1. You may terminate the Terms at any time by closing your account, and discontinuing your use of the Site. Please review our Privacy Policy for information about what we do with your account when terminated.

    2. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

    3. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

  16. General Terms

    1. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

    2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.

    3. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

    4. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

    5. Any failure on Grapexchange part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

    6. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

    7. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Grapexchange prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

    8. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Copyright © 2016 Grapexchange LLC., 611 4th St. Suite 205b Santa Rosa, CA 95404, U.S.A.