Terms of service
Last Updated: September 9, 2024
1. INTRODUCTION
By accessing and using the services provided by Bound LLC, you agree to the terms outlined here. If you do not agree with any of these provisions, please refrain from using our website and/or services.
Before using the https://www.bound.wine/ website, analytical laboratory services, advising services, and/or membership or subscription services (collectively referred to as the "Service"), you must carefully review these Terms and Conditions. The Service is offered by Bound LLC, henceforth denoted as "Bound," "we," "us," or "our."
All individuals accessing Bound’s website or receiving our services do so under an independent contractor relationship. This Agreement does not create an employer-employee relationship between any involved parties. Furthermore, no party, their employees, or agents shall be considered a partner, collaborator, or representative of the other. This distinction is important to clarify the nature of our working relationship and to set expectations regarding the roles and responsibilities of each party.
By accessing or using the website, you also agree to be bound by our Privacy Policy and any other guidelines or rules applicable to the Service. These documents collectively form part of this Agreement.
2. USE OF SYSTEM AND SERVICES
The Service, including any software or platforms provided, is offered solely for the use of Bound LLC's customers and may not be used by any other person or entity. You agree not to tamper with, alter, or misrepresent any content provided by Bound LLC, including any information copied or downloaded from the Service.
To access certain features of the Service, you may be required to provide registration details. You are responsible for ensuring that all information provided is correct, current, and complete. You must notify Bound immediately of any unauthorized use of your credentials and ensure that you log out of your session at the end of each visit. It is recommended that you use strong passwords and do not share them with others to safeguard your account.
Bound LLC reserves the right to withdraw, amend, suspend, modify, or update the Service without notice. We are not liable for any part of the Service being unavailable at any time. For significant changes, users may be notified directly.
3. SERVICES AND CONTENT
Bound LLC offers a range of services to its clients, including but not limited to:
- Enological Lab Services: Grape & Wine Analysis.
- Wine Database: Wine data and information from commercially available finished wines that Bound independently obtained, analyzed, and published.
- Curated Resources: Proprietary resources relating to grape growing and wine production, with references to peer-reviewed scientific articles.
- One-on-One Advising: Customized advising services for grape growers and wine producers.
- Virtual Customer Support: Support via website chat or scheduled appointments, subject to limitations.
Bound LLC reserves the right to modify or update information at any time without prior notice. The content on our website and all associated Service components are for informational purposes only and should not be construed as legally binding advice. Users are encouraged to seek professional advice before relying on any information provided. Bound LLC disclaims any liability for the accuracy or relevance of any data or information presented on the website.
4. PAYMENT, AUTOMATIC PAYMENT, AND CREDIT TERMS
By ordering Products or Services from Bound and its website, the Customer agrees to pay Bound the invoiced amount and/or subscription fees associated with the ordered product(s) and/or service(s). Subscription fees are subject to adjustment at the sole discretion of Bound LLC, with changes communicated to the Customer in writing at least thirty (30) days prior to their effective date. For services rendered in partial calendar months, prorated fees may be applied.
Invoices will be issued upon fulfillment of the order, and the outstanding balance becomes due immediately upon receipt of the invoice. The Customer agrees to make full payment within thirty (30) days from the invoice date. Accounts not settled within this period will be deemed past due. Past due accounts will incur a late fee of two percent (2%) per month on the outstanding balance, or the maximum amount permitted by law, whichever is greater.
To streamline the payment process, Bound offers an automatic payment option. By providing valid credit card information, the Customer authorizes Bound to process invoice payments automatically using the provided payment method. This option is designed to ensure timely payments and avoid late fees.
Bound uses one of the most trusted and widely recognized e-commerce platforms to store and process sensitive payment information. We employ rigorous security measures to protect our customers' data. However, it is important to note that sharing information over the internet carries inherent risks. While Bound strives to safeguard your information, we cannot guarantee the absolute security of data transmitted through our website. Therefore, Bound shall not be held liable for any data breaches or information leaks that may occur.
In cases of persistent non-payment, Bound reserves the right to suspend or terminate all services and agreements with the Customer without further notice. Additionally, Bound is entitled to recover all costs associated with the collection of overdue accounts, including collection agency fees, attorney’s fees, and court costs, regardless of whether legal action is pursued.
5. DATA SHARING AND OWNERSHIP
IMPORTANT NOTICE: The Database Service is entirely separate from Bound's Lab Services. We will never publish any data or identifying information obtained through our Lab Services without the explicit consent of the appropriate lab client(s).
- Bound Lab: Bound LLC reserves the right to store, process, and analyze lab client data to enhance and refine its product offerings, including the development of proprietary algorithms and data models. Lab clients retain ownership of their data, and Bound will not publish any data or identifying information generated through our lab services without the appropriate client's explicit consent.
- Bound Database: Bound LLC reserves the unrestricted right to publish data and identifying information on commercially available wines that it obtains through independent means such as purchasing the wine, obtaining samples through industry events, or other reasonable methods of sample collection. This right does not extend to samples that are submitted by a lab client for analysis through our lab services.
6. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
- Confidentiality Commitment: Users agree not to disclose, share, use, or replicate any Confidential Information related to Bound LLC's methodologies, tools, or proprietary practices obtained through the Service.
- Permission Protocol: Users must obtain prior written consent from Bound LLC before sharing any Confidential Information with a third party.
- Intellectual Property Protection: All materials affiliated with Bound LLC are protected by intellectual property laws. Unauthorized duplication, dissemination, modification, or use of our materials is strictly prohibited.
- Disclosure and Confidentiality Measures: Bound LLC may disclose certain information, including but not limited to methods, specifications, trade secrets, know-how, inventions, analyses, techniques, designs, contracts, business information, reports, or formulas, which it considers confidential ("Confidential Information"). The Customer agrees to limit access to Bound’s Confidential Information only to its employees, agents, or consultants who have agreed in writing to confidentiality terms at least as restrictive as those in this Agreement.
The Customer will take all reasonable measures to maintain the confidentiality of Bound’s Confidential Information, using efforts at least as stringent as those employed for their own similar information. The Customer will promptly notify Bound LLC of any unauthorized use or disclosure and will cooperate with Bound LLC in addressing such breaches.
This confidentiality obligation does not apply if the Customer can demonstrate that the information:
- Is publicly available;
- Was already in the Customer’s possession or known to the Customer;
- Was lawfully obtained by the Customer from a third party; or
- Is required to be disclosed by law or court order, provided that the Customer minimizes the disclosure and consults with Bound LLC to seek a protective order.
7. PRIVACY STANDARDS
Your privacy is paramount to Bound LLC. By using our platform, you agree to our data handling methods as detailed in our Privacy Policy. We encourage you to familiarize yourself with this document and review it periodically, especially after updates, to stay informed about how your data is handled.
8. TERMINATION POLICY
Bound LLC is committed to maintaining a respectful and harmonious environment:
- Zero-Tolerance for Harmful Actions: Any activities, communications, or actions that are detrimental to other members, our staff, or the reputation and operation of Bound LLC will not be tolerated. Harmful actions may include, but are not limited to, harassment, abuse, or any behavior that violates the rights of others.
- Violation of Terms: A breach of any stipulated terms or guidelines associated with Bound LLC membership may result in termination. Bound LLC will determine violations and enforce termination, and in some cases, users may be notified and given an opportunity to rectify the issue before termination is finalized.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY
To the fullest extent permitted by law, Bound LLC, its employees, agents, affiliates, and representatives shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses.
Bound’s total liability arising out of or related to the performance of services under this Agreement, including but not limited to equipment malfunction, employee or agent negligence, breach of this Agreement, breach of any warranty (express or implied), or any other legal theory, shall be strictly limited to general money damages in an amount not exceeding the total amount paid by the Customer for the specific services directly related to the claim. Bound shall not be liable for any incidental, special, or consequential damages, including but not limited to loss of anticipated profits or other economic losses arising from or related to the services provided under this Agreement. This includes any liability for specific performance or other legal claims beyond the expressly limited damages recovery provided herein.
Bound makes no representations or warranties regarding the character, quality, accuracy, completeness, condition, or fitness for any particular purpose of the services or reports provided. The Customer expressly and knowingly releases Bound, its agents, and employees from any liability for damages resulting from the analysis, results, information, advice, or services provided by Bound, except as expressly authorized and limited by this clause.
Bound shall not be liable for any failure to provide, or delays in providing, services if such failure or delay is due to causes beyond Bound’s reasonable control. The limitations and exclusions of liability specified herein form an essential part of the consideration for Bound entering into this Agreement and providing services at the stated prices. These limitations do not apply in cases of gross negligence or willful misconduct.
10. INDEMNIFICATION
By using our Service, you agree to fully indemnify, defend, and hold harmless Bound LLC, its service providers, affiliates, officers, directors, contractors, suppliers
, employees, agents, and representatives from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, that arise from:
- Your use of the Service;
- Any violation of this Agreement or applicable law;
- Any allegation that your use of the Service infringes upon or violates the intellectual property, confidentiality, or privacy rights of any third party;
- Your actions resulting in claims against Bound LLC related to your use of the Service.
If Bound LLC faces any claims related to your actions, you may be notified and consulted, giving you the chance to respond or participate in the defense.
11. MODIFICATION OF TERMS
Bound LLC reserves the right to modify these terms at any time. While users are encouraged to review these terms periodically, Bound LLC will notify users directly of any significant changes, especially those that may impact how users interact with the Service.
12. CONTACT INFORMATION
Should you have any questions or concerns regarding these Terms and Conditions, please contact us:
Bound LLC
https://www.bound.wine
info@bound.wine
We strive to respond to inquiries promptly and appreciate your understanding if there is any delay.
13. GOVERNING LAW AND SEVERABILITY
These Terms of Service and any disputes arising under or related to this Agreement will be governed by the laws of the State of Wyoming, without regard to its conflict of law provisions. Any disputes arising under or related to this Agreement will be resolved in the state or federal courts located in Wyoming.
If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be interpreted and enforced as closely as possible to the original intent.
14. ENTIRE AGREEMENT
These Terms of Service, together with our Privacy Policy and any other relevant policies or agreements, constitute the entire agreement between you and Bound LLC regarding your use of the Service. Any other agreements, representations, or understandings, whether written or oral, are superseded by this Agreement.