This Privacy Policy covers how cellarhandapp.com and the CellarHand mobile application treats Personally Identifiable Information (as defined below, "PII") and other information that cellarhandapp.com collects in connection with our services and other third party websites that use the cellarhandapp.com Services. For the purposes of this Privacy Policy, “PII” is information that identifies a specific individual or household, such as name, address, email address, and/or phone number. For the purposes of this Privacy Policy, PII does not include any data or information that does not identify anyone individually including, without limitation, data and or information that has been aggregated, de-identified and/or anonymized so that it does not identify a specific individual or household and does not allow a third party to easily identify a specific individual or household.
By using this cellarhandapp.com Site and accepting the Terms of Service, you agree to this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT ACCEPT THE TERMS OF SERVICE AND YOU MAY NOT USE THE CELLARHAND SITE, CELLARHAND MOBILE APPLICATION AND/OR CELLARHAND’S SERVICES.
This Privacy Policy applies to PII and other information collected by cellarhandapp.com through your use of the cellarhandapp.com Site and/or the cellarhandapp.com's Services and does not apply to any other information collected by cellarhandapp.com through other means (as described below). When you navigate away from the cellarhandapp.com Site to websites controlled by third parties, you leave the cellarhandapp.com Site, at which point our Privacy Policy no longer applies. We do not provide a notice warning our users when they are leaving the cellarhandapp.com Site.
The cellarhandapp.com Service includes the collection, aggregation, analysis, and organization of online shopping requests and other information to provide users an integrated, actionable environment to manage and obtain maximum benefits from their purchasing activities. By registering for an account with cellarhandapp.com, you are authorizing us to gather, parse, and retain data and information from shopping requests you make, as necessary to deliver and support our services. As described below, cellarhandapp.com is able to offer its services to users through the development and marketing of aggregate and anonymous consumer data.
Cellarhand.com collects PII when you register for a new account with cellarhandapp.com. In registering with cellarhandapp.com, you may also provide information necessary to use cellarhandapp.com, such as the login credentials for online merchants or other Internet accounts that you link to cellarhandapp.com. We may also collect PII from you in other ways, such as contacts with our customer-support team.
Social or Email Sign-On. We collect PII when you use your social media credentials to log into the cellarhandapp.com Site. For example, when you log in with your Gmail credentials, we may collect the PII you have made available to Google and on Google+, such as your name and profile picture.
Non-PII Collection and Use. Whenever you visit cellarhandapp.com, cellarhandapp.com also receives and records information on our server logs from your browser, including your IP address, cellarhandapp.com cookie information, and the pages you request, and relates it to the PII you provide. Cellarhand.com uses this information to provide our services, to improve our products and services, to contact you, to conduct research, and to develop and maintain anonymous or aggregated data and analytics.
In connection with our CellarHand mobile application, cellarhandapp.com may use tools or third party analytical software to automatically collect and use certain data that does not directly identify you, such as: (i) device properties, including, but not limited to unique device identifier or other device identifier ("UDID"); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as country or region; (v) other similar data as reasonably required by cellarhandapp.com to enhance the services and other cellarhandapp.com products and services. Cellarhand.com does not share such data with third parties.
Cellarhand.com may use and disclose to cellarhandapp.com's service providers the collected non-personal data for purposes of analyzing usage of the services, advertisement serving, managing and providing the Services, and to further develop the services and other cellarhandapp.com services and products. Occasionally we work with other companies for the purposes of data processing or market research product development purposes.
You recognize and agree that the service providers utilized by Cellarhand.com may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.
Our use of PII. We use PII for internal and service-related purposes only and we may disclose PII to the vendors and suppliers who provide various services to us. Cellarhand.com does not rent, sell, or share PII with other people or nonaffiliated companies for marketing purposes. We may allow access to other cellarhandapp.com data, under non-disclosure agreements, to develop improvements to our services.
Third Party site support and usage. If you authorize us to place new orders or cancel orders on your behalf using cellarhandapp.com's technologies, the data in your email, including PII, will be subject to that third party website's terms of service and privacy policies, even if you have also directly signed up for a cellarhandapp.com account.
Anonymous use and sharing. We may share with third parties anonymized information about cellarhandapp.com users' transactions. Such consumer behavior and information may be of value to third parties in the performance of marketing services, including evaluating market trends and/or under a joint marketing agreement to provide services that will be of particular interest and relevance to you. Again, such information will not include PII. When you deactivate your cellarhandapp.com account, your PII is permanently disassociated with your purchase data. The anonymized purchase data itself may continue to be incorporated in our databases and prepared analyses. This Site does not receive or respond to the DNT Header.
Legal sharing for protection of us, you, and others.We may disclose PII to third parties who are: assisting us in protecting against or preventing actual or potential fraud, unauthorized transactions, claims or other liabilities, or to investigate potential fraudulent or questionable activities. We may disclose PII in response to legal process, for example, in response to a court order or a subpoena. We may disclose PII in response to a law enforcement agency's request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities or suspected fraud, violations of our Terms of Service, or as we believe may be otherwise required by law.
Merger or sale. If all or substantially all of cellarhandapp.com or its assets are sold or transferred, PII and other information we have collected may be treated as an asset and transferred to the acquiring party.
We reserve the right to send you certain communications relating to cellarhandapp.com, such as service announcements and administrative messages that are considered part of your cellarhandapp.com account.
Cookies and Related Technologies. Cellarhand.com uses "cookies." Cookies are small text files that we place in visitors' computer browsers to store their preferences. Most browsers allow you to manage cookies including blocking and deleting them. If you block or delete our cookies, cellarhandapp.com may not work as well or at all for you.
Cellarhand.com takes commercially reasonable efforts to limit access to your PII. We have put in place strong physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and use correctly the PII we collect from you.
No data transmissions through the Internet or mobile devices, or even the physical transfer of information, can be guaranteed to be completely secure. We cannot eliminate fully all security risks associated with PII and technical mistakes are possible. We do not ensure or warrant the security of your PII or any data or information you transmit to us and you do so at your own risk.
If cellarhandapp.com learns of a security systems breach involving PII, then we may attempt to notify you electronically. You agree that we may communicate with you electronically regarding security, privacy, and administrative issues. We may post a notice on our website if a security breach occurs. If this happens, you will need a web browser enabling you to view and access cellarhandapp.com. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), you should notify us at: hi@cellarhandapp.com.
Cellarhand.com is hosted in and intended for use in the United States by U.S. residents. We may transfer your PII within cellarhandapp.com including to any of our worldwide affiliates acting on our behalf and in accordance with this Privacy Policy.
Cellarhand.com is hosted in and intended for use in the United States by U.S. residents. We may transfer your PII within cellarhandapp.com including to any of our worldwide affiliates acting on our behalf and in accordance with this Privacy Policy.
If you have questions or suggestions, please email cellarhandapp.com at hi@cellarhandapp.com.
Upon request, we will provide an individual with access to PII that we have collected about them (provided that they have given proof of identity). This information can be requested by sending us an email through the email link provided above or writing to us at the above address. This information can be corrected by sending us an email through the email link provided above or writing to us at the above address.
From time to time, we may use PII for new, unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change, we will immediately post any adjustments to our Privacy Policy on the cellarhandapp.com Site. Unless we notify you otherwise, the revised Privacy Policy will be effective at the time we post it. Your continued use of the cellarhandapp.com Site and/or Service after a revised or updated version of the Privacy Policy has been posted constitutes your acceptance of that new Privacy Policy.
These Terms of Service ("TOS") describe the terms and conditions for your access to and use of our web site located at cellarhandapp.com (the “cellarhandapp.com Site”) and cellarhandapp.com's proprietary services made available through the Cellarhand.com Site and the “CellarHand” mobile app (the “Cellarhand.com Services” or “Services”). The cellarhandapp.com Site, “CellarHand” mobile app, and the cellarhandapp.com Services are referred to collectively as “cellarhandapp.com.” By using cellarhandapp.com, you agree to be bound by these TOS, which may be updated by us from time to time. Guidelines, policies and/or rules posted within cellarhandapp.com are also part of the TOS.
You may not use cellarhandapp.com and you may not accept the TOS if you are not of a legal age to form a binding contract and otherwise capable of entering into this agreement. In addition, cellarhandapp.com is not intended for use by children and children under the age of 13 are expressly prohibited from providing any personally identifiable information via cellarhandapp.com. By clicking on the 'yes' button in the Registration process you are agreeing to the TOS and accepting our Privacy Policy. If you have any questions regarding these terms and conditions, please contact us at hi@cellarhandapp.com.
When you agree to use Cellarhand.com, you agree to allow us to collect and analyze your online shopping requests in order to make purchases on your behalf, consistent with our Privacy Policy.
We may send you email messages as part of providing our Services. These messages may relate to, but are not limited to, account summaries, newsletters, new services and features as they become available, general notifications, and offers. In accordance with our Privacy Policy, we also communicate with you when necessary regarding security, privacy and administrative issues. Messages will be sent to the email address you have provided as your primary email address for your account. You can choose to have messages sent to a mobile device that accepts text messages. If your email address changes, you are responsible for informing us of that change.
Through your use of cellarhandapp.com, you consent to the collection and storage (as set forth in the Privacy Policy) of the information you provide, including the transfer of this information within the United States and/or other countries for processing and use by cellarhandapp.com as described in our Privacy Policy.
In order to register to use cellarhandapp.com, you are required to provide certain information about yourself. You agree to: (a) provide true, accurate, current, and complete information as requested, and (b) keep your information accurate, current, and complete. If cellarhandapp.com has reasonable grounds to believe that your information is untrue, cellarhandapp.com may suspend or terminate your account. We reserve the right to reclaim usernames that are no longer active.
You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account and password. You agree to not hold cellarhandapp.com liable for any loss or damage arising from or relating to your failure to properly safeguard your account or password. You agree to immediately notify cellarhandapp.com in the event you learn of or suspect any unauthorized use of or access to your password or account.
You may enable or log in to the cellarhandapp.com via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into cellarhandapp.com, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Cellarhand.com enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Cellarhand.com is provided for informational purposes only. You understand that all information, data, text, messages, etc., that appear in your account whether gathered by cellarhandapp.com from receipts, coupon offers, or posted by you (collectively, the “Content”), are the sole responsibility of the person or entity from whom such Content originated. CELLARHAND.COM DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF ANY CONTENT. UNDER NO CIRCUMSTANCES WILL CELLARHAND.COM BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF CELLARHAND.COM.
You agree to not use the Service to: (a) access data that you are not authorized to access or that is not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan, or test the vulnerability of cellarhandapp.com's system; (d) breach security or authentication measures; (e) send promotions and/or advertising products and/or services; (f) attempt to interfere with or disrupt the service or servers or networks connected to cellarhandapp.com; (g) upload, post, email, transmit, or otherwise make available any Content that (i) is unlawful, harmful, tortious, defamatory, libelous, invasive of another's privacy, or otherwise is objectionable, (ii) you do not solely have the right to make available, or (iii) infringes any intellectual property, proprietary and/or privacy rights of any party; and/or (h) violate or attempt to violate any applicable local, state, national or international law, or regulation.
Cellarhand.com and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove, prevent, or restrict access to Content without further notice. Cellarhand.com and its designees shall have the right to remove or prevent access to any or all Content that violates (or is alleged to violate) the TOS or is otherwise objectionable.
Cellarhand.com may access, preserve, and disclose your account information and Content if required to do so by law or if such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of cellarhandapp.com, its users, and the public.
Cellarhand.com contains and uses intellectual property that is proprietary and contains trade secrets that are protected by applicable laws. You acknowledge and agree that Content contained or information presented to you through cellarhandapp.com is or may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights.
Any use of cellarhandapp.com that is not expressly authorized by these TOS and any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on cellarhandapp.com, in whole or in part, is strictly prohibited.
When you authorize cellarhandapp.com to place new orders on your behalf, you appoint Cellarhand.com as your legal representative to place an ecommerce order and enter your billing and shipping information on your behalf.
When you authorize cellarhandapp.com to cancel ecommerce orders on your behalf, you appoint cellarhandapp.com as your legal representative to communicate with retailers about the status of your orders and cancel your orders on your behalf.
You authorize cellarhandapp.com to access information maintained by identified third parties (e.g., online merchants) on your behalf as your agent and represent that you have the right to grant such authorization. Solely to provide you the cellarhandapp.com Services (for example, placing a new order on your behalf), you grant cellarhandapp.com a limited power of attorney, and appoint cellarhandapp.com as your attorney-in-fact and agent, to access third-party websites (such as Amazon, for example) on your behalf, retrieve, and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do on your own behalf. You acknowledge and agree that when cellarhandapp.com is accessing and retrieving information from third-party websites, cellarhandapp.com is acting as your agent, and not as the agent of or on behalf of the third party.
If you believe that any Content or other material provided through the Service, including through a link, infringes your copyright, you should notify cellarhandapp.com via email to cellarhandapp.com's Designated Copyright Agent at hi@cellarhandapp.com (subject line: "DMCA Notification"). To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Service that is reasonably sufficient to enable cellarhandapp.com to identify and locate the material; (d) how cellarhandapp.com can contact you (your address, telephone number, and email address); (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you submit suggestions, comments, feedback and/or improvements (collectively, “Feedback”) to cellarhandapp.com you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) cellarhandapp.com is not under any obligation of confidentiality with respect to the Feedback; (c) cellarhandapp.com shall be entitled to use or disclose (or choose not to use or disclose) the Feedback; (d) cellarhandapp.com may have something similar to the Feedback already under consideration; (e) by submitting Feedback to cellarhandapp.com, you agree to assign and do hereby assign all rights, title and interest in and to such Feedback to cellarhandapp.com and acknowledge and agree that your Feedback becomes the sole and exclusive property of cellarhandapp.com without any obligation of cellarhandapp.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from cellarhandapp.com under any circumstances with respect to the Feedback you provide.
CELLARHAND.COM, the cellarhandapp.com Logo, the CellarHand mobile app logo, and other cellarhandapp.com logos and product and service names are or may be trademarks of cellarhandapp.com (the "Cellarhand.com Marks"). Without cellarhandapp.com's prior written permission, and except as solely enabled by any link as provided by cellarhandapp.com, you agree not to display or use in any manner the cellarhandapp.com Marks.
Cellarhand.com may modify, terminate, suspend, or otherwise adjust functions or features at any time without prior notice.
Cellarhand.com may terminate your cellarhandapp.com account and access at any time without prior notice. You may close your Cellarhand.com account by contacting hi@cellarhandapp.com.
Cellarhand.com may provide, or third parties may provide, links to other websites or resources. Cellarhand.com is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content available from such websites or resources.
Cellarhand.com may be available to you with or without charge. You will have the opportunity to opt-in to any enhanced account and/or fee-based versions of cellarhandapp.com that may become available.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF CELLARHAND.COM IS AT YOUR SOLE RISK, CELLARHAND.COM IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS AND CELLARHAND.COM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) CELLARHAND.COM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) CELLARHAND.COM WILL MEET YOUR REQUIREMENTS, (ii) CELLARHAND.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CELLARHAND.COM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH CELLARHAND.COM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE UNDERLYING CELLARHAND.COM WILL BE CORRECTED; AND/OR (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CELLARHAND.COM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSSES AND/OR LIABILITIES THAT MAY RESULT FROM THE SAME (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIALS MADE AVAILABLE THROUGH CELLARHAND.COM. CELLARHAND.COM EXPRESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH (i) PUSH NOTIFICATIONS TO MOBILE DEVICES, AND (ii) PHYSICAL MERCHANT RECEIPT INTEGRATION.
CELLARHAND.COM IS NOT RESPONSIBLE FOR ANY FAILURE TO CANCEL ORDERS, ANY FEES INCURRED IN CANCELLING ORDERS, ANY ERRORS IN CHANGING ORDER INFORMATION OR ANY DELAYS IN PROCESSING REFUNDS.
CELLARHAND.COM ASSUMES NO RESPONSIBILITY FOR, AMONG OTHER THINGS, THE AVAILABILITY OF THE SERVICE OR THE TIMELINESS OR COMPLETENESS OF INFORMATION DISPLAYED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CELLARHAND.COM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CELLARHAND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE CELLARHAND.COM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF CELLARHAND.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CELLARHAND.COM; OR (v) ANY OTHER MATTER RELATING TO CELLARHAND.COM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
You further agree and understand that cellarhandapp.com has no liability for the loss of any information you may chose to store in your cellarhandapp.com account in your computer or mobile device, including without limitation, any loss that may occur in the event your computer or mobile device is sold, lost or stolen.
You agree to defend, indemnify and hold cellarhandapp.com and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of cellarhandapp.com.
The TOS constitutes the entire agreement between you and cellarhandapp.com concerning your use of cellarhandapp.com, superseding any prior agreements between you and cellarhandapp.com regarding cellarhandapp.com. If our TOS are materially changed we will immediately post a notification on this website. Your continued use of cellarhandapp.com will constitute your acceptance of any such changed TOS. The TOS and the relationship between you and cellarhandapp.com shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.
All disputes, claims, or controversies arising out of or relating to the TOS shall be resolved by binding arbitration to be conducted under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the county of Middlesex, Massachusetts. You covenant not to sue cellarhandapp.com in any other forum. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim by you arising out of or related to use of cellarhandapp.com or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of cellarhandapp.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.