THIS AGREEMENT GOVERNS YOUR USE OF THE iTELLiSEEK.com WEBSITE AND APPLICATION

This website known as iTELLiSEEK.com is owned and operated by iTELL iSEEK Inc. ("iTELL iSEEK"). Access and use of this website is provided by iTELL iSEEK to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use.

If you do not agree to accept and abide by these Terms of Use, you should not access or use this website.

iTELL iSEEK may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.

Your Acceptance

iTELLiSEEK.com hereby grants you permission to use the website as set forth in these Terms of Use, provided that: (i) your use of the website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the website in any medium without iTELLiSEEK.com's prior written authorization; (iii) you will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

website Access

In order to access some features of the website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account. In addition, you agree to immediately notify iTELLiSEEK.com of any unauthorized use of your password or account or any other breach of security. iTELLiSEEK.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

By registering with iTELLiSEEK.com, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the iTELLiSEEK.com website and are at least 21 years of age. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If iTELLiSEEK.com suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the iTELLiSEEK.com website.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the website in a manner that sends more request messages to the iTELLiSEEK.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, iTELLiSEEK.com grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. iTELLiSEEK.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the website, nor use the communication systems provided by the website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the website.

Intellectual Property

All wine reviews, wine ratings, site processes and application code, as well as content submitted by users known as TELLERs, are the property of iTELLiSEEK.com and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, and other similar rights.

Wine reviews and ratings may only be used and copied for your own, non-commercial, personal or educational purpose. You may not edit, alter or create derivative works from, or otherwise exploit, the reviews and ratings in any way.

The content on the website, including without limitation, the text, graphics, and photos created by and for itelliseek.com, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to iTELLiSEEK.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the website is provided to AS IS for information purposes and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of itelliseek.com or as expressly provided herein. iTELLiSEEK.com reserves all rights not expressly granted in and to the website and the Content contained therein.

Copyright Infringement

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of iTELLiSEEK.com

© 2008-2010 iTELL iSEEK Inc. All rights reserved.

User Submissions

The interactive nature of postings on iTELLiSEEK.com makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by iTELLiSEEK.com users, and any text, data, photographs, video, music, sound, chat, messages, files or other material including wine reviews and wine scores provided to us by users (all of which are referred to as "User Submissions") are not endorsed by iTELLiSEEK.com, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.

You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to iTELLiSEEK.com, you hereby grant iTELLiSEEK.com a worldwide, non-exclusive, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the website and iTELLiSEEK.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media now known or hereafter developed.

If you choose to post User Submissions on iTELLiSEEK.com Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of iTELLiSEEK.com reflects your respect for the legal rights of users connected with iTELLiSEEK.com. You understand that iTELLiSEEK.com does not guarantee any confidentiality with respect to any User Submission.

iTELLiSEEK.com expressly disclaims any and all liability in connection with User Submissions. iTELLiSEEK.com reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. iTELLiSEEK.com also reserves the right to terminate (see Termination definition below) a user's access to the website at any time in its sole discretion and without prior notice.

Privacy

iTELLiSEEK.com is committed to respecting the privacy of the personal information of the individuals with whom we interact. Refer to our Privacy Policy for information on how we collect, use and disclose the personal information of those individuals who visit our website.

Termination

iTELLiSEEK.com may, under certain circumstances and without prior notice, immediately terminate your iTELLiSEEK.com account and access to the website and any other iTELLiSEEK.com services including any accrued or assigned credits. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the website or any other iTELLiSEEK.com product; (i) being under 21 at time your account was created. Termination of your iTELLiSEEK.com account includes: (a) removal of access to all pages within the website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the website. Further, you agree that all terminations for cause shall be made in iTELLiSEEK.com’s sole discretion and that iTELLiSEEK.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the website.

Currency of website

iTELLiSEEK.com updates the information on this Web site regularly. However, iTELLiSEEK.com cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website. iTELLiSEEK.com may revise, supplement or delete information, services, program terms and/or the resources contained in the website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked websites

This website may provide links to third party websites. The inclusion of these links does not imply that iTELLiSEEK.com monitors or endorses these websites. iTELLiSEEK.com does not accept any responsibility for such websites. iTELLiSEEK shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

These Terms of Use apply to all users of the website, including users who contribute information, ideas, and other materials including wine reviews and wine scores or services on the website. The website may contain links to third- party websites that are not owned or controlled by iTELLiSEEK.com. iTELLiSEEK.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the website, you specifically release iTELLiSEEK.com from any and all liability arising from your use of any third-party website.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.

iTELLiSEEK.com shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Content from this website. Additionally iTELLiSEEK.com does not guarantee back-up or permanent storage of any reviews or ratings entered by TELLERS or other users or visitors.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, iTELLISEEK.COM, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF iTELLiSEEK.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. iTELLiSEEK.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. iTELLiSEEK.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND iTELLiSEEK.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM iTELLiSEEK.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND ITS CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL iTELL iSEEK INC. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

YOU SPECIFICALLY ACKNOWLEDGE THAT iTELLiSEEK.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The website is controlled and offered by iTELL iSEEK Inc. its facilities in the United States of America. iTELL iSEEK Inc. makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnification

You agree to defend, indemnify and hold harmless iTELLiSEEK.com, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of iTELLiSEEK.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the website.

Code of Conduct

The following rules of conduct apply to your use of the website and to any and all materials you post on iTELLiSEEK.com including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in wine reviews, wine scores, blogs, discussion groups, emails, profiles, comments, or any other portion or feature of iTELLiSEEK.com.

Any dishonest or malicious intent or action in the submission of wine review or wine ratings can result in immediate expulsion from the Teller Rewards Program and the removal of any and all credits accumulated by the offending party.

You may not, in connection with the website:

• • Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
• • infringes or violates any patent, copyright, trademark, trade secret or other property right;
• • breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• • a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
• • constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
• • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
• • promotes software or services that deliver unsolicited e-mail; or
• • contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
• • Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, URLs or email address; or
• • engage in commercial activities within iTELLiSEEK.com;
• • harm minors in any way;
• • provide false or deceptive information;
• • use iTELLiSEEK.com content to engage in commercial activities;
• • delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so; or
• • allow usage by others in such a way as to violate iTELLiSEEK.com's Terms of Use.
• • allow usage of by minors under the age of 21 years.

Ability to Accept Terms of Use

You affirm that you are at least 21 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. iTELLiSEEK.com is not intended for anyone under the age of 21. If you are under 21 years of age, then please do not use the iTELLiSEEK.com website.

Applicable Law

This website is controlled, operated and administered by iTELL iSEEK Inc. from within the state of California, USA. This website can be accessed from all US states, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of California, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of this website shall be governed by the laws of the California and the federal laws of the USA applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the state of California and acknowledge that you do so voluntarily.

Copyright Notice

The iTELLiSEEK.com website is © 2008-2010, iTELL iSEEK Inc. - All Rights Reserved and no portion of the website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission.

Trademarks

All of the iTELL iSEEK Inc. trademarks are owned by iTELL iSEEK Inc. and may not be used for any purpose without the prior written permission of iTELL iSEEK Inc.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by iTELL iSEEK Inc. without restriction.

General

iTELLiSEEK.com’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The parties have requested that these Terms of Use and all documents relating there to be drawn up in English.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and iTELLiSEEK.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. iTELLiSEEK.com reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the website. It is your responsibility to review these Terms of Use for any changes. Your use of the website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Contact

If you have concerns relating to these Terms of Use, please contact iTELL iSEEK at: info@itelliseek.com

Postal Address:
iTELL iSEEK
PO Box 8256
Tahoe City, CA 96145
USA

© 2008-2010 iTELL iSEEK V0.72

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