This internet website known as www.barefootwinefounders.com (the “Site”) is owned by Footnotes Press, LLC, a California limited liability company. Use of this Site is subject to the following terms and conditions (“Terms of Use”).
The term “you”, “reader” or “viewer” refers to the user of this Site. Your use of this Site constitutes your agreement to be bound by and to act in accordance with, these Terms of Use. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to the Terms and Conditions, you are prohibited from accessing and using this Site. Your use of the website reaffirms your continuing agreement to the then-current Terms of Use.
This Site is provided for informational purposes only. Although anyone may find the ideas, concepts, practices, suggestions, recommendations, disciplines and understandings presented at this Site to be useful, this Site and its contents are provided with the understanding that neither the author nor the publisher are engaged in providing any specific business advice to you. Nor is anything in this Site intended to be a strategy or recommendation for any specific kind of business problem or business opportunity. Each person and business have unique needs, qualities, resources, abilities and other attributes and this Site cannot take these individual differences into account. Each person and business should engage a qualified professional to address his, her and its unique situation.
COPYRIGHT AND TRADEMARK.
Footnotes Press, LLC owns the copyright for all the material on the Site, such as text, graphics, button icons, images, and software, or has the right to use same on the Site. The materials are protected by U.S. and international copyright laws. Footnotes Press, LLC also owns or has the right to use all trademarks, service marks, and trade names used on this Site. No part of this Site may be reproduced, copied, republished, uploaded, posted, transmitted, or distributed in any way except that (a) you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials and (b) you are hereby granted permission to quote brief passages from this Site on the condition that attribution is contemporaneously given to Footnotes Press, LLC, Michael Houlihan and Bonnie Harvey. Any modifications of the materials or use of the materials for any other purpose is a violation of Footnotes Press, LLC’s copyright and other proprietary rights. The use of such material on any other website or computer network without Footnotes Press, LLC’s written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this website in any manner other than as authorized in this Terms of Use, or as otherwise authorized in writing by Footnotes Press, LLC, is strictly prohibited.
NO TAX OR LEGAL ADVICE.
This Site is not intended to provide any tax, legal, financial planning, insurance, accounting, investment, or any other kind of professional advice or services, and nothing on this Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security, insurance policy, or investment strategy. To make sure that any information or suggestions on this Site fit your particular circumstances, you should consult with an appropriate tax or legal professional before taking action based on any suggestions or information on this Site. Unless otherwise specified, you alone are solely responsible for determining whether any financial or insurance strategy, product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.
Without limiting the foregoing, no product or service offered or set forth on this Site, nor any analysis, commentary, or otherwise (whether oral or written), provided in conjunction with the foregoing shall be deemed to constitute: (1) investment advice under applicable state or federal law, including, but not limited to, the Investment Advisers Act or 1940; or (2) any sort of transaction in securities for the account of others, including, but not limited to, any solicitation, negotiation or execution of the transaction. Neither Footnotes Press, LLC nor any of its representatives, sublicensees, or assigns shall be responsible for any investment decisions or third party damages or losses resulting from the use of such product(s) or service(s) or any information provided in conjunction with same. You also understand and agree that Footnotes Press, LLC is not (1) an “investment adviser” as such term is defined in the federal Investment Advisers Act of 1940, or (2) a “broker”, or (3) a “dealer”, as such terms are defined under the federal Securities Exchange Act of 1934. Footnotes Press, LLC does not hold itself out in any communications as an investment adviser, a broker, or a dealer.
UNITED STATES OPERATED WEBSITE.
Footnotes Press, LLC controls and operates this Site from within the United States of America. Footnotes Press, LLC makes no representation that materials in this Site or the conduct described thereby are appropriate or available for use in other locations. All visitors to this Site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Site.
LINKS AND LINKING.
For your convenience and enjoyment, this Site may provide links to other websites that are not under the control of or operated by Footnotes Press, LLC. Footnotes Press, LLC is not responsible for the contents of any linked website and does not make any representations regarding the content or accuracy of information on such third-party websites, nor does the inclusion of any link necessarily imply that Footnotes Press, LLC endorses, approves, or sponsors any information available at the linked site or any products that may be sold there. If you access any of the third-party sites linked to this Site, you do so entirely at your own risk. Footnotes Press, LLC is not liable for any damage that might result from your use of such information or products. User activity on those sites is covered by the terms of use and privacy policies on those sites.
TEMPORARY USE LICENSE.
Footnotes Press, LLC hereby grants you as the user of this Site a non-exclusive limited license to print one copy of the materials owned by Footnotes Press, LLC for your personal, non-commercial use for the purpose of viewing in print format. This is a grant of a license and not a transfer of title. This license automatically terminates twenty-four hours after you exit this Site.
REVISIONS AND ERRATA.
The material appearing on the Site could include technical, typographical, or photographic errors or could become inaccurate as a result of certain developments occurring after the respective dates of the material contained in this Site. Footnotes Press, LLC does not warrant that any of the Material on this Site is accurate, complete, or current. Footnotes Press, LLC may in its sole discretion and at any time, update, change or discontinue this Site or any specific portion of this Ste (including these Terms of Use) without notice. Footnotes Press, LLC does not, however, make any commitment to update the Material.
DISCLAIMER.
THE MATERIAL IN THIS SITE OR ANY MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FOOTNOTES PRESS, LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. FOOTNOTES PRESS, LLC, AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ARISING FROM THE ALLEGED NEGLIGENCE OF FOOTNOTES PRESS, LLC, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. FURTHER, FOOTNOTES PRESS, LLC DOES NOT HOLD THAT THE SITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU RESIDE OUTSIDE THE UNITED STATES, INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SITES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.
FOOTNOTES PRESS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. The materials in this Site could include technical inaccuracies or typographical errors. This material could be inaccurate or become inaccurate as a result of certain developments occurring after the respective dates of the material contained in this Site. Footnotes Press, LLC undertakes no obligation to verify or maintain the currency of such information.
Footnotes Press, LLC endeavors to maintain this Site and its operation, but is not, and cannot be, responsible for any defect that may exist in the Site or its operations. AS TO THE OPERATION OF THE SITE, FOOTNOTES PRESS, LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOOTNOTES PRESS, LLC MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECT AND ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. You (and not Footnotes Press, LLC) assume the entire cost of all services, repairs, or corrections that may be necessary for your computer equipment and software as a result of viruses, errors or any other problems whatsoever you may have as a result of visiting this Site.
UNDER NO CIRCUMSTANCE SHALL FOOTNOTES PRESS, LLC BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY MATERIAL IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR INFORMATION AVAILABLE IN THE SITE. FOOTNOTES PRESS, LLC SHALL NOT BE LIABLE EVEN IF FOOTNOTES PRESS, LLC OR A FOOTNOTES PRESS, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These include but are not limited to damage or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful components.
LIMITATION.
IN NO EVENT SHALL FOOTNOTES PRESS, LLC OR ITS MEMBERS, MANAGERS, AGENTS, EMPLOYEES, ATTORNEYS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF PROFIT OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIAL ON THIS SITE EVEN IF FOOTNOTES PRESS, LLC OR AN AUTHORIZED REPRESENTATIVE OF FOOTNOTES PRESS, LLC HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS STATED HEREIN MAY NOT APPLY TO YOU. However, IN NO EVENT SHALL FOOTNOTES PRESS, LLC’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
RELEASE.
YOU HEREBY RELEASE AND FOREVER DISCHARGE AND COVENANT NOT TO SUE FOOTNOTES PRESS, LLC, AND ITS MEMBERS, MANAGERS, AGENTS, EMPLOYEES, ATTORNEYS, 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 YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO USE OF THE SITE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF FOOTNOTES PRESS, LLC IN OPERATING THE SITE, PROVIDING INFORMATION TO YOU, PROVIDING MIS-INFORMATION TO YOU, YOUR USE OF THE INFORMATION ON THIS SITE OR OTHERWISE.
INDEMNIFICATION.
You agree to indemnify, hold harmless and defend Footnotes Press, LLC, its members, directors, officers, employees and agents, from and against any action, cause, claim, damage, debt, demand or liability including costs and reasonable attorney fees, asserted by any person, arising out of or related to: (i) these Terms of Use; (ii) your use of this Site, including any data or work downloaded, transmitted or received by you; and (iii) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
GOVERNING LAW.
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (regardless of the location of the Site or the location of the user of the Site) that would cause the application of the laws of any jurisdiction other than the State of Illinois. Any legal actions, suits or proceedings, arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Chicago, Illinois, and you hereby accept and submit to the personal jurisdiction of these Illinois courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.
If any conflict exists between any provision of these Terms of Use and any applicable statute, law, regulation of ordinance, the latter will prevail, but in such event, the affected provision of these Terms of Use will be modified or limited only to the extent necessary to bring it within such legal requirements.
No failure on the part of Footnotes Press, LLC to enforce any part of these Terms of Use shall constitute a waiver of any of Footnotes Press, LLC’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Footnotes Press, LLC nor the reliance of any person on Footnotes Press, LLC’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Footnotes Press, LLC shall have any legal effect whatsoever.
These Terms of Use are in addition to, and do not override or otherwise modify or supersede, the terms and conditions that apply to the products or services offered by this Site and other companies through this Site.
If Footnotes Press, LLC has not specifically granted you a right under these Terms of Use, that right is reserved to Footnotes Press, LLC.