Terms of Use

Terms of Use

Acceptance of Terms of Use

These Terms of Use govern your use of the Cru Wine Online service and website. By using, visiting, or browsing the Cru Wine Online service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Cru Wine Online service or website.
These Terms of Use are an ongoing contract between you and Cru Wine Online and apply to your use of the Cru Wine Online service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use

Cru Wine Specialists, Inc., reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" link located at the bottom of the pages of the Cru Wine Online website. The most current version of the Terms of Use will supersede all previous versions.

Privacy

Any personally identifying information submitted on the Cru Wine Online website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How Our Service Works

Cru Wine Online is a multimedia journey through wine using live tastings, video segments, audio specials, trivia and other wine related education material. Through subscription and individual purchase of some services users can view, download, listen and play.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Below is a general description concerning the operation of our subscription service:

• When you purchase your Cru Wine Online membership you receive access to our services including Cru Wine Podcasts, our online podcast service.
• Our videos stream at a resolution as high as 720p Standard High Definition.
• With Cru Wine Online you won't pay any late fees or have to worry about due dates.

Membership and Billing

You can find the specific details regarding your membership with Cru Wine Online at anytime by clicking on the "MyCru" link, located at the top of the pages of the Cru Wine Online Website.

• Billing
  By starting your Cru Wine Online membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the Cru Wine Online service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. Click on the "Membership Terms and Details" link on the "MyCru" page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, and you authorize us to charge your Payment Method for such varying amounts. Your Payment Method will be authorized for up to approximately one month of service during the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your one-week free trial. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, bonus materail or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "MyCru" button, available at the top of the pages of the Cru Wine Online Website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

• Ongoing Membership
  Your Cru Wine Online membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

• Cancellation
  You may cancel your membership to Cru Wine Online at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, click the words "Cancel Membership" on the "MyCru" page and follow the instructions for cancellation under the heading "Cancel Membership."

  We reserve the right to terminate your account for any or no reason.

Features & Functionality

• Streaming Media
  Cru Wine Online allows you to stream media and download on your personal computer. Currently, the streaming media functionality is provided to you at no additional charge. In addition, some streaming media may not be available through all personal computers. The quality of the streaming media and downloads may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your internet connection. Cru Wine Online makes no representations about the quality of your streaming media and downloads.

  Availability and Time Limits: The number of streaming media content you may view or download monthly is 12 Cru Wine Radio shows and 12 Cru LIVE Tastings. In addition, Cru Wine TV – Magnums are available for viewing for the duration of 24 hours after purchase.  To view the details of your specific membership, click the "Membership Terms and Details" link on the "MyCru" page.

  Start Time: The time it takes to begin streaming media instantly will vary based on a number of factors, including your available bandwidth at the time, the download you have selected and your computer or device system configuration. In addition, you must be connected to the Internet throughout the viewing experience.

  System Requirements and Device Limitations: To enjoy streaming media content via your personal computer, your equipment must satisfy certain system requirements. Click here (brings them down to System Requirements below) to view the various system requirements.
  Geographic Limitation: END USER LICENSE AGREEMENTS: BY USING OUR STREAMING MEDIA FUNCTIONALITY, YOU ACKNOWLEDGE AND AGREE (1) TO THE CRU WINE SPECIALISTS AND THIRD-PARTY SOFTWARE END USER LICENSE AGREEMENTS FOUND HERE (end user license agreeement) AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE CRU WINE SPECIALISTS AND THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR STREAMING MEDIA FUNCTIONALITY.

  We do not warrant that any of the software used and or licensed in connection with our streaming media functionality will be compatible with other third party software nor do we warrant that operation of our streaming media functionality and the associated software will not damage or disrupt other software or hardware. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.
  We reserve, in our sole and absolute discretion, the right to withdraw the streaming media functionality entirely from the Cru Wine Online service or to limit, condition, terminate, charge for or otherwise modify your use of the streaming media functionality at anytime without notice; provided however, we will give you notice before we institute any additional charges for the streaming media functionality.

  In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all streaming media and downloads may not be viewed, or may cease being viewable, through the streaming media functionality on some or all personal computers.

• Profiles
  Our Profiles feature allows you to create separate sub-accounts, called Profiles, under one membership plan. Each Profile will be able to have its own ratings history and personal information.

  To create a new Profile, the member who created the first Cru Wine Online account and whose Payment Method is charged, known as the Account Owner, must click on the "My Cru" link and click on "Add Profile."

  The Account Owner has access and control over the Profile, including all of the information provided and features selected. The Account Owner's control over Profiles is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone.
  BY ESTABLISHING A PROFILE, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR THE TERMS OF USE. BY CREATING A PROFILE, YOU ARE EXPRESSLY CONSENTING TO CRU WINE ONLINE COLLECTING THE INFORMATION YOU PROVIDE IN ESTABLISHING THE PROFILE. The personally identifying information is subject to our Privacy Policy. If you do not wish to share personal information, you may provide a pseudonym on the profile account.
  You may address any concerns or questions regarding the information collected to Cru Wine Online’s General Counsel at 919 West Saint Germain, in Saint Cloud Minnesota, 56301.

  We reserve the right to modify the Profiles feature at any time without notice.

• Feeds
  RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. Cru Wine Online may also choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds ("Feeds"), including obtaining a Feed from the Cru Wine Online website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk. You acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.

Applications

The Cru Wine Online website may contain links to websites or links and/or other connections to applications (including, without limitation, websites, widgets, software, or other software utility) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by Cru Wine Online. Unless otherwise noted by Cru Wine Online on the Cru Wine Online website, these Applications are provided solely as a convenience to you, and Cru Wine Online is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your Cru Wine Online account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Cru Wine Online account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Cru Wine Online has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Cru Wine Online harmless for the sharing of information relating to your Cru Wine Online account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your Cru Wine Online account information with, through or by any other means identified on an Application. In addition, that Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. You may revoke an Application's access to your Cru Wine Online account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. Certain Applications may be appear to be associated with or sponsored by Cru Wine Online. While these Applications may utilize Cru Wine Online trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Cru Wine Online, unless otherwise indicated by Cru Wine Online. CRU WINE ONLINE DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

Account Access; Identity Protection

In order to provide you with ease of access to your account, Cru Wine Online will place a cookie (a small text file) on any computer from which you access the Cru Wine Online website. When you revisit the Cru Wine Online Website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Cru Wine Online website.

If you find that you're a victim of identity theft and it involves a Cru Wine Online account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Cru Wine Online reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Cru Wine Online is not obligated to credit or discount a membership for holds placed on the account by either a representative of Cru Wine Online or by the automated processes of Cru Wine Online.

System Requirements - link to from above.

To stream media, you'll need a computer that meets the following minimum requirements:

• Windows
• Windows XP with Service Pack 2, Vista or Windows 7
• Internet Explorer 6.0 or higher; or Firefox 2 or higher
• 1.2 GHz processor
• 512 MB RAM
• Macintosh
• An Intel-based Mac with OS 10.4.8 or later
• Safari 3 or higher; or Firefox 2 or higher
• 1 GB RAM
• You will also need an active broadband connection to the Internet

Disclaimers of Warranties and Limitations on Liability

THE CRU WINE ONLINE SERVICE, INCLUDING ALL FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE CRU WINE ONLINE SERVICE, THE WEBSITE AND ITS CONTENTS. CRU WINE ONLINE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CRU WINE ONLINE SERVICE, INCLUDING STREAMING MEDIA AND DOWNLOADS, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT CRU WINE ONLINE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE CRU WINE ONLINE SERVICE, INCLUDING OUR STREAMING MEDIA FUNCTIONALITY OR ANY OTHER ASPECTS OF THE CRU WINE ONLINE SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. CRU WINE ONLINE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AS DEFINED IN THE APPLICATIONS SECTION ABOVE. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained on or with downloads or streaming media from the Cru Wine Online services (ii) errors or omissions in the content delivered by the Cru Wine Online service or on the Cru Wine Online website; (iii) recommendations or advice of Customer Service;  (iv) any failure or interruption in the availability of the Cru Wine Online service and/or website, including availability of our streaming media functionality; (v) delivery and or display of any content contained on the Cru Wine Online website or through the Cru Wine Online service, including any content delivery via our streaming media functionality; and (vi) any losses or damages arising from the use of the content provided on the Cru Wine Online website or the Cru Wine Online service itself, including any losses or damages arising from streaming media and/or downloading of related software, downloading and/or use of any other software. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content from the Cru Wine Online service or the descriptions of any download content contained on our website. We do not represent or guarantee that your use of the Cru Wine Online service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Cru Wine Online or its affiliated parties.

In no event shall Cru Wine Specialists, Inc., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Cru Wine Online website, its contents or the Cru Wine Online service. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the Cru Wine Online service, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Intellectual Property

• Copyright
  The Cru Wine Online content included on the Cru Wine Online Website and delivered to members as part of the service, including streaming media and downloads you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Cru Wine Specialists, Inc., or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Cru Wine Specialists, Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Cru Wine Specialists, Inc., or its suppliers. You agree not to decompile, reverse engineer or disassemble any software (including but not limited to the Cru Wine Online Download Viewer Software) or other products or processes accessible through the Cru Wine Online website, not to insert any code or product or manipulate the content of the Cru Wine Online website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Cru Wine Online reserves the right to terminate your membership hereunder if Cru Wine Online, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content. Cru Wine Online does not promote, foster or condone the copying of downloads or streaming media or any other infringing activity. The use of the Cru Wine Online service, streaming media to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Cru Wine Online website.

• Trademarks
  Cru Wine Online, Cru wIneQ, Cru Wine Specialists, Cru Wine Radio, Cru Wine TV and MyCru are registered trademarks of Cru Wine Specialists, Inc. The Cru Wine Online logo, Cruwineonline.com and Profiles are trademarks or service marks of Cru Wine Specialists, Inc. The Cru Wine Online website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Cru Wine Specialists, Inc. The trademarks, service marks and trade dress of Cru Wine Online may not be used or reproduced without prior written approval from Cru Wine Specialists, Inc. and may not be used in connection with any product or service that is not affiliated with Cru Wine Online, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Cru Wine Online, or in any manner that disparages or discredits Cru Wine Online. Other trademarks that appear on the Cru Wine Online website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cru Wine Online. Any images of persons or personalities contained on the Cru Wine Online website are not an indication or endorsement of Cru Wine Online or any particular product or our service unless otherwise indicated.

• Patents
  Cru Wine Specialists, Inc. has ownership of any existing or pending patents to Cru Wine Specialists, Inc.

Entertainment and Website Content

We distribute downloads and streaming media entertainment and we reserve the right to display and promote the media entertainment or other information on our website to you in any manner we choose in our sole and absolute discretion. In addition, the Cru Wine Online website allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Cru Wine Online website are those of the respective authors or producers and not of Cru Wine Specialists, Inc., or its shareholders, directors, officers, or employees. Under no circumstances shall Cru Wine Specialists, Inc., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Cru Wine Online website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Cru Wine Online website.

Use of Information Submitted

Cru Wine Specialists, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Cru Wine Online ("Feedback"), including responses to questionnaires or through postings to the Cru Wine Online website, without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Cru Wine Online website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Cru Wine Online does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Cru Wine Online. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Cru Wine Online and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including service levels, plans, promotions, features, streaming media, download availability, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications

By using the Cru Wine Online service, you consent to receiving electronic communications from Cru Wine Online. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured wines or other entertainment information or offerings. These communications are part of your relationship with Cru Wine Online and you receive them as part of the Cru Wine Online membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service

If you need assistance with your account, you may find answers on the Cru Wine FAQ's, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service Representative. Email service@cruwineonline.com.

Your Conduct on the Cru Wine Online Website

By accessing the Cru Wine Online website, you agree to use the Cru Wine Online service, including all downloads and streaming media functionalities associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Cru Wine Online website. You also agree not to interfere with the servers or networks connected to the Cru Wine Online website or to violate any of the procedures, policies or regulations of networks connected to the Cru Wine Online website. You also agree not to impersonate any other person while using the Cru Wine Online website, conduct yourself in a vulgar or offensive manner while using our service, or use the Cru Wine Online website for any unlawful purpose.

Limitations on Use

You must be 21 years of age or older to become a member of the Cru Wine Online service. Although,  individuals under the age of 21 that are at least the legal age to consumer alcohol in the jurisdiction where they reside or from which they access this website may utilize the service. Unless otherwise specified, our download service and streaming media content on the Cru Wine Online website, including content viewed through our streaming media functionality, are for your personal and non-commercial use only and we grant you a limited license to access the Cru Wine Online website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Cru Wine Online website without our express written consent. Cru Wine Online does not promote, foster or condone the copying of downloads, streaming media, digitally delivered content, or any other infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cru Wine Online without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Cru Wine Online name or trademarks without our express written consent. Any unauthorized use of the Cru Wine Online website or its contents will terminate the limited license granted by us.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links and Pages

Some of the hyperlinks on the Cru Wine Online website may lead to other websites or Applications that are not controlled by, or affiliated with, Cru Wine Specialists, Inc. In addition, other websites may link to the Cru Wine Online website or Cru Wine Online may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Cru Wine Online may include pages that display and provide information on Applications or other products. These pages may provide links to third party sites where Cru Wine Online members may obtain or purchase such Applications. Cru Wine Online has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. Members acknowledge and agree that Cru Wine Online is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any Applications. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled "Applications".

Claims of Copyright Infringement

It is the policy of Cru Wine Online to respect the intellectual property rights of others. Cru Wine Online does not promote, foster or condone the copying of downloads, streaming media any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Cru Wine Online website, or know of someone who is making unauthorized use of the content of the Cru Wine Online website, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the Cru Wine Online website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Our copyright notice email address is copyright@cruwineonline.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address. For queries that are not related to copyright matters, please see other ways to contact us.
Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Cru Wine Online shall have the right to terminate the account of any member who posts infringing material.

Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:
Cru Wine Specialists, Inc.
Attn: General Counsel
113 Fifth Ave. S, Suite 204
St. Cloud, MN 56301

Or fax to:
320-257-8952, Subject: General Counsel

Disputes; Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Minnesota, without regard to conflicts of laws provisions. You and Cru Wine Online agree that all claims related to this site must be brought in the state and federal courts located in Stearns County, Minnesota which shall have exclusive jurisdiction over any dispute between you and Cru Wine Online relating in any way to the Cru Wine Online service or Website or these Terms of Use. You and Cru Wine Online expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Last Updated: 25 May 2010