Terms and Conditions
Welcome to the web site operated by TricorBraun, Inc., doing business as TricorBraun ("TricorBraun"). TricorBraun's web site is located at either TricorBraun.com, Kranson.com or CaliberWine.com ("Site").
This page explains the terms and conditions ("Terms and Conditions") under which you (the "User") may use the Site. By accessing, browsing and/or using the Site, the User acknowledges that User has read, understood and agreed to be bound by these Terms and Conditions. Use of the Site constitutes a binding agreement between the User and TricorBraun.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
User should visit this page periodically to review the Terms and Conditions. User acknowledges and agrees that the Terms and Conditions currently in effect as of this date may be modified or amended by TricorBraun from time to time. User's continued use of the Site after a modification or amendment shall constitute acceptance and agreement to the modified Terms and Conditions. TricorBraun may terminate this Site at any time. In addition, TricorBraun reserves the right to change the format, organization, and content of the Site, at anytime, without notice.
(a) Any claim relating to, and use of, the Site and the materials contained on the Site are governed by and construed in accordance with the laws of the state of Missouri (regardless of the laws that might be applicable under principles of conflicts of law). User irrevocably consents to the exclusive jurisdiction and venue of the Circuit Court of St. Louis County, Missouri or the United States District Court for the Eastern District of Missouri in St. Louis City, Missouri in all disputes arising out of or relating to these Terms and Conditions or the use of the Site.
(b) The Site is controlled and operated by TricorBraun from its offices within the United States. TricorBraun makes no representation that the contents of the Site are appropriate or available for use in other locations outside the United States. Access to the Site is prohibited in territories where the contents of the Site are illegal.
3. REGISTRATION / USER’S ACCOUNT.
To access certain features of the Site, User will be required to register an account (“Account”) with TricorBraun on the form provided on the Site (“Registration”). User agrees to provide true, accurate, current and complete information during Registration and to maintain and promptly update the information User provides to keep it true, accurate, current and complete. User agrees not to: (i) select a username that, to User’s knowledge, is already used by another person/entity; (ii) use a username in which another person/entity has rights without such person’s/entity’s authorization; or (iii) use a username or password that TricorBraun in its sole discretion, deems offensive or inappropriate. It is User’s responsibility to maintain the confidentiality of its password and User agrees to accept responsibility for all activities that occur under its Account. User may not transfer, assign or sell its Account to any third party. TricorBraun will have the right to rely upon any information received from any person/entity using User’s username and password and TricorBraun will incur no liability arising out of such reliance.
TricorBraun has no obligation to verify the authenticity of any Registration information. IF USER PROVIDES ANY INFORMATION THAT IS FALSE, MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE DURING REGISTRATION OR OTHERWISE, TRICORBRAUN HAS THE RIGHT TO SUSPEND OR TERMINATE USER’S ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SITE (OR ANY PORTION THEREOF). ANY ACTIVITIES THAT ARE ILLEGALLY CARRIED ON WITHIN THE SITE WILL BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.
For questions related to updating or changing User’s Account information, please send an e-mail to firstname.lastname@example.org or contact us at TricorBraun, 10330 Old Olive St. Rd., St. Louis MO 63141, Attn: Marketing:
4. LICENSE TO SUBMITTED CONTENT.
By posting messages or otherwise submitting any opinions, ideas, suggestions, and other feedback to TricorBraun through the Site or otherwise, User is granting TricorBraun a cost free, royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use the submitted content without restriction, including, without limitation, the right to copy, store, reproduce, modify, adapt, display, translate, transmit, perform, publish, create derivative works from, and to sublicense these rights to third parties. The foregoing license shall include the right to exploit any property rights in such submitted content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Nothing contained in these Terms and Conditions shall limit or otherwise affect these rights.
5. USE RESTRICTIONS.
(a) All content included on the Site, such as text, graphics, button icons, images, and software ("Material"), is the exclusive property of TricorBraun or others, and protected by U.S. and international copyright laws. TricorBraun authorizes the User to view and download the Material of this Site only for non-commercial use, provided that the User retains all copyright and other proprietary notices contained in the original Material on any copies of the Material. The User may not modify the Material on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use the Material for any public or commercial purpose. For purposes of these Terms and Conditions, any use of the Material on any other web site or networked computer environment for any purpose is prohibited.
(b) The trademarks, service marks and logos ("Trademarks") used and displayed on the Site are registered and unregistered Trademarks of TricorBraun and others. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner.
6. ADDITIONAL USE LIMITATIONS.
User is prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (i) accessing content or data not intended for User, or logging onto a server or account that User is not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”; (iv) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) using any automatic or manual process to monitor or copy any portion of the Site without TricorBraun’s prior written permission; (vi) introducing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (vii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by TricorBraun in providing the Site. Any violation of system or network security may subject User to civil and/or criminal liability.
Any conduct by User that, in TricorBraun’s opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted. User acknowledges and agrees that TricorBraun, in its sole discretion, may at any time for any reason or no reason suspend, terminate, or restrict User’s access to or use of the Site, or any portion thereof, with or without notice, unless otherwise prohibited by applicable law.
User shall not post or transmit through the Site any information, data, or material (collectively, “Posted Materials”) which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable to a reasonable person. Further, User shall not post or transmit through the Site any information, data, or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, or is in violation of these Terms and Conditions. User hereby acknowledges and agrees that User is solely responsible for the Posted Materials User posts to or transmits through the Site, including, without limitation, the creation, dissemination, publication and/or transmission of such Posted Materials. TricorBraun shall have no liability of any kind whatsoever to User or any third party arising from or related to User’s Posted Materials, including, without limitation, the creation, dissemination, publication and/or transmission of User’s Posted Materials through the Site or otherwise.
TricorBraun respects the intellectual property of others, and TricorBraun asks User to do the same. If User believes that User’s work has been copied in a way that constitutes copyright infringement or that there is infringing material available on or through the Site, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that User claims has been infringed;
c. A description of where the material that User claims is infringing is located on the Site;
d. User’s address, telephone number, and email address;
e. Statement by User that User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by User, made under penalty of perjury, that the above information in User’s Notice is accurate and that User is the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at email@example.com.
(a) THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS. TRICORBRAUN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL TRICORBRAUN, ITS SUPPLIERS OR OTHER THIRD PARTIES REFERENCED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF USER’S ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR ANY MATERIALS AND/OR USER CONTENT CONTAINED ON ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEBSITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT TRICORBRAUN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IF USER RESIDES OUTSIDE THE UNITED STATES, INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN USER'S COUNTRY.
(b) ANY OPINIONS, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE IN THE SITE BY ANY THIRD PARTY ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF TRICORBRAUN. USER ACKNOWLEDGES AND AGREES THAT TRICORBRAUN IS NOT OBLIGATED TO AND WILL NOT AS A STANDARD PRACTICE MONITOR AND/OR POLICE ANY ITEMS OR MATERIALS THAT ARE POSTED ON THE SITE BY THIRD PARTIES. USER FURTHER ACKNOWLEDGES AND AGREES THAT TRICORBRAUN SHALL HAVE NO RESPONSIBILITY TO USER, OR TO ANY THIRD PARTY, FOR OR HAVE ANY OBLIGATION (INCLUDING WITHOUT LIMITATION OBLIGATIONS OF CONFIDENTIALITY) WITH RESPECT TO ITEMS THAT ARE POSTED ON THE SITE BY USER OR ANY THIRD PARTIES.
(c) The Site contains links to third party web sites. These links are provided solely as a convenience to User and not as an endorsement by TricorBraun of the content on such third-party web sites. TricorBraun is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of information on such third-party sites. If User accesses any of the third-party web sites linked to this Site, User does so entirely at his or her own risk.
USER HEREBY RELEASES AND FOREVER DISCHARGES TRICORBRAUN AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH USER NOW HAS OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO THE SITE AND/OR THE USE OF THE SITE BY THE USER, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF TRICORBRAUN, IN OPERATING THE SITE OR OTHERWISE.
USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS TRICORBRAUN, AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, COSTS, LIABILITIES, OBLIGATIONS, DAMAGES, DEFICIENCIES, EXPENSES, ACTIONS, SUITS, PROCEEDINGS, DEMANDS, ASSESSMENTS AND/OR JUDGMENTS, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE CAUSED BY, OR RESULT OR ARISE FROM (I) ANY BREACH BY THE USER OF ANY OF THESE TERMS AND CONDITIONS; (II) USER’S FORUM POSTINGS; (III) COMMUNICATIONS BETWEEN USER, OTHER USERS, AND/OR OTHER THIRD PARTIES; AND (IV) INTELLECTUAL PROPERTY INFRINGEMENT VIOLATIONS AND VIOLATION OF LAWS BY USER.
10. USER INFORMATION.
Anyone linking to the Site must comply with all applicable laws. A site that links to TricorBraun's Site:
(a) may link to, but not replicate, content on this Site;
(b) shall not create a browser or border environment around content on this Site;
(c) shall not imply that TricorBraun is endorsing it or its products;
(d) shall not misrepresent its relationship with TricorBraun;
(e) shall not present false information about TricorBraun's products or services;
(f) shall not use TricorBraun's trademarks without permission;
(g) shall not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups; and
(h) shall comply with any other requirements of TricorBraun for linking to the Site.
User's correspondence or business dealings with advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. User hereby releases TricorBraun of, and agrees that TricorBraun shall not be responsible or liable for any loss, damage or claim (including negligence) of any sort incurred as the result of any such dealings or as the result of the presence of advertisers on the Site.
13. GENERAL PROVISIONS.
If any provision of these Terms and Conditions is declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect. The failure of TricorBraun to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions constitute the entire agreement between TricorBraun and User with respect to User’s use of the Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms and Conditions.