Terms and conditions of use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE VERY CAREFULLY BEFORE USING THIS WEB SITE.

GENERAL

Finaltouchwine.com and PRODUCT SPECIALTIES INC and its subsidiaries and affiliates (collectively "PSI") require that all visitors to our web site(s) ("Site") read and agree to the following rules and regulations and other applicable laws. By proceeding and accessing the Site, you indicate your acknowledgement and acceptance, without limitation or qualification, of these binding terms and conditions. If you do not agree to these terms and conditions, please do not use this Site. Those who choose to access this Site from locations other than the Canada do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable.

THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FOR ANY ALLEGED BREACH OF THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. Any dispute or claim relating in any way to these terms of use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims so qualify. The Federal Arbitration Act and federal arbitration law will apply to any arbitration conducted in connection with these terms and conditions, and any such arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). To the fullest extent permitted by law, we each agree that any arbitration or other dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and [Insert Company Name] agree, to the fullest extent permitted by law, to waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens, and you agree to give up any right to a jury trial in any such arbitration or other dispute resolution proceeding.

COPYRIGHT

The entire content included in this Site, including, but not limited to text, graphics, audio, video, or code is copyrighted as a collective work under copyright laws, international conventions and treaties, and other copyright laws, and is the property of PSI. The collective work may include works that are licensed to PSI. With exception to the subsite of this Site for the permitted commercial download of the PSI corporate brochure and authorized photographs (which subsite has its own terms and conditions of use that are specific to that subsite), permission is hereby granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with PSI or purchasing PSI products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download, or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with PSI or to purchase PSI products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this Site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

TRADEMARK

All trademarks, service marks, word marks, and trade names (collectively "Marks") of PSI used on this Site (including but not limited to the "Final Touch" name, and the companies other names) are trademarks or registered trademarks of PSI. By using PSI's Marks on this Site, PSI is not granting you any license to utilize the proprietary Marks. Any unauthorized use of the Marks may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The use of PSI trademarks on any other website or network computer environment, without the express written consent of PSI, is strictly prohibited.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PSI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PSI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. PSI SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF PSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend and hold PSI and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent (collectively "Indemnified Parties") harmless from and against any and all liability, costs, losses, expenses, damages (including, without limitation, attorney's fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants, including negligent or wrongful conduct. You will cooperate as fully as reasonably required in PSI's defense of any claim. PSI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the express written consent of PSI.

THIRD-PARTY LINKS

In an effort to provide you with a valuable Site, PSI may choose various third-party web sites to link to from its own Site. However, even if the third-party is affiliated with PSI, PSI has no control over these linked web sites, each of which may have their own privacy and data collection policies, independent of PSI. PSI has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked web sites are only for your convenience, and therefore, you access them at your own risk.

AVAILABILITY OF PRODUCTS

The products displayed on the Site may not be available for purchase in you particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your local authorized PSI representative for the availability and price of specific products and services in your area.

TERM AND TERMINATION

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration, survey or contest. These Terms and Conditions of Use or any of them individually, may be terminated by PSI without notice at any time for any reason. The provisions relating to Copyright, Trademark, Disclaimer, and Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination. PSI reserves the right to add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any other terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of these changes as well as all other terms and conditions. PSI may add, change, discontinue, remove, or suspend any other content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

NOTICE

PSI may deliver notice to you by means of email, a general notice on the Site, or by written communication delivered mail to your address on record in PSI's account information.

USE OF SITE

As long as you comply with these Terms and Conditions of Use, PSI grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site for your own non-commercial use. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner.