Terms & Conditions

1. Acceptance

These terms (“Terms of Use”) govern the use of the VinoVisit website (“Website”). We reserve the right to change or update them at any time without notice. You can view the most current version by clicking on the "Terms of Use" link on our home page.

Your use of the Website constitutes acceptance of these Terms of Use. You agree, for yourself and anyone else using your VinoVisit account, to abide by the current version of these Terms of Use each time you log in to the Website.

2. Services

Through the Website, we provide you with information about wineries and the ability to reserve and or purchase tickets for winery tours, tastings and events. The Website also includes an online store where you can buy wine accessories, and may include user reviews and other social media forums.

The term “Services” may refer to some or all of these features and functions, depending on the context.

We may discontinue or change any aspect of the Services -- such as their nature and scope, fees or charges, hours of operation, and technical or other requirements for access or use -- at any time effective immediately upon giving notice.

3. User Conduct

You will access our Website for lawful purposes only, and will not post or transmit any material through the Website that violates or infringes in any way upon the rights of others; is unlawful, threatening, abusive, vulgar, obscene, profane or otherwise objectionable; encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or, without our express prior approval, contains any direct or indirect advertising or any solicitation for products or services.

By way of illustration, and not as a limitation, you agree not to do any of the following:

  • Use the Website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including the rights of privacy and publicity.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material, image or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including copyright or trademark laws or the rights of privacy or publicity, unless you own or control the rights thereto or have received the rights holder’s consent.
  • Use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark or other intellectual property right or the terms of any release or license.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, bots, corrupted files or any comparable software or programs that may damage the operation of another's computer or the property of another.
  • Advertise or offer to sell or buy any goods or services for any business pur-pose, unless the Website specifically allows such messages.
  • Download any file posted by others that you know, or reasonably should know, may not be legally reproduced, displayed, performed and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict, inhibit or interfere with any other user’s ability to use and enjoy the Website or the Services.
  • Violate any rules, code of conduct or other guidelines that may be applicable for any particular Service.
  • Harvest or otherwise collect information about others, including email addresses.
  • Create or use a false identity.
  • Use, download or otherwise copy or provide to anyone (whether or not for a fee) any directory or compilation of Website users or subscribers or other usage information.

We reserve the right in our sole discretion to restrict, remove or prohibit any conduct or material that interferes with anyone’s use or enjoyment of our Website or violates these Terms of Use.

4. Copyright

The Website contains copyrighted material, trademarks and other proprietary information, including but not limited to text, software, photos, video, graphics, reviews, music and sound. The entire content of the Website is copyrighted as a collective work under copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, and hold the copyright or other rights to the underlying content.

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any such content, in whole or in part. You may download copyrighted material for your personal use only. Except as permitted by copyright law, the copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is not allowed without our express prior permission and/or the permission of the copyright owner. If you receive permission to copy, redistribute or publish copyrighted material, you agree not to make any changes to it or to delete author attributions, trademark legends or copyright notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You will not upload, post or otherwise make available on our Website any material protected by copyright, trademark or other proprietary rights (“Intellectual Property”) without the express permission of the rights holder. The responsibility for determining whether material is protected Intellectual Property rests with you.

You are solely liable for any damage resulting from your infringement of Intellectual Property rights. To the maximum extent allowed by law, you will defend, indemnify and hold us harmless, as well as our shareholders, members, managers, directors, officers, employees, agents, contractors, parent companies, subsidiaries, affiliates and assignees, from and against all liability, damages, losses and expenses, including attorney’s fees, which we or they incur in connection with any third party claim, suit, action or proceeding (“Claim”) based in whole or in part on your infringement or alleged infringement of Intellectual Property rights.

We adhere to the procedures set forth in the Digital Millennium Copyright Act in responding to claims of copyright infringement.

By submitting material to our Website, you grant us, or warrant that the owner of the Intellectual Property rights grants us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other Intellectual Property rights that may exist in such material.

By submitting material to our Website, you grant us the right to edit, copy, publish and distribute it, and you grant permission to any and all other Website users to access, view, store or reproduce the material for their personal use.

These provisions are for our benefit, the benefit of the indemnified parties identified above, and the benefit of our third party content providers and licensors, each of whom shall have the right to assert and enforce such provisions.

5. Restrictions

We have no obligation to monitor your use of the Website or the Services, but reserve the right to do so.

We may edit, refuse to post, block access to or remove information or material, in whole or in part, which we deem inappropriate or unacceptable; terminate your access to the Website; and disclose any information we deem necessary to comply with applicable law, legal process or governmental request, prevent an imminent threat to health or safety, or protect our own rights or property or the rights or property of third persons. We may do any of the foregoing at any time and for any reason, without notice, in our sole discretion.

Some Website content may be subject to posted limitations on use, reproduction or dissemination. You are responsible for adhering to such limitations if you access such content.

6. Accounts

You must open an account (“Account”) in order to use the Website’s online reservation services. You agree to provide us with complete and accurate information as prompted by the registration form, and to keep all such information current. You are solely responsible for keeping your user ID and password confidential.

You are solely responsible for all activity that occurs on your Account, whether you authorized such activity or not. You will notify us immediately of any unauthorized activity or other breach of security.

We are not liable for any losses that occur as a result of authorized or unauthorized activity occurring on your Account, unless unauthorized activity was the result of our intentional misconduct or gross negligence. On the other hand, you are liable for all losses which we or others sustain by reason of authorized or unauthorized activity on your Account. To the maximum extent allowed by law, you will defend, indemnify and hold us harmless, as well as our shareholders, members, managers, directors, officers, employees, agents, contractors, parent companies, subsidiaries, affiliates and assignees, from and against all liability, damages, losses and expenses, including attorney’s fees, which we or they incur in connection with any third party claim, suit, action or proceeding (“Claim”) based in whole or in part on your authorized or unauthorized Account activity.

You may not use or authorize the use of anyone else's Account at any time without the permission of the Account holder.

7. User Content

We do not claim ownership of content or material that you post to the Website (“User Content”). By posting User Content, however, you grant us, our suppliers, partners, contractors and affiliates a license or sublicense to use it in connection with the operation of the Website and the provision of Services, including the right to copy, distribute, transmit, publicly display, reproduce, edit, translate, merge and reformat it; publish your name in connection with it; and license or sublicense it to others.

By posting User Content, you represent and warrant to us that you are the owner of the Intellectual Property rights to it, or that the Intellectual Property rights owner has granted you permission to use, license and sublicense it as set forth in these Terms of Use.

By posting User Content that contains pictures, photographs or graphical representations (“Images”), you grant permission to the general public to use the Images as set forth in these Terms of Use. If people are depicted in any of the Images, you represent and warrant that each of those people has given you permission to post the Images to the Website and otherwise use, distribute, publicly display, reproduce and license them.

We will not pay compensation for User Content. We are under no obligation to allow the display of any User Content on our Website, and may remove or block access to it at any time without notice in our sole discretion.

The licenses and sublicense granted in this paragraph 7 will terminate when you completely remove your User Content from the Website, provided that all licenses and sublicenses granted before such removal will continue in full force and effect.

8. Third Party Sites

We may from time to time provide links on our Website to third party websites. We provide such links as a convenience only; they are not to be construed as an express or implied endorsement of the linked websites. Linked websites are not under our control, and we do not vouch for the accuracy, truthfulness or reliability of any information on them. It is your responsibility to investigate and evaluate such matters. You are responsible for obtaining and maintaining at your expense all third party services and equipment necessary to access the Website and use the Services, including computer hardware and software, telecommunications equipment and Internet connectivity. You hereby release us to the maximum extent allowed by law from liability for the loss, damage or interruption of third party services and equipment.

9. Unsolicited Submissions

We do not seek unsolicited ideas, suggestions or proposals, such as those for new products, technologies, processes, strategies, business models or advertising campaigns. Please do not send any to us, and do not submit original artwork or samples. We want to avoid misunderstandings when our products or plans seems similar to your ideas. If you send ideas, suggestions or proposals to us anyway, we give no assurance they will be treated as confidential or propriety, and we reserve the right to make such use of them as we deem appropriate.

10. Refunds for Tickets

Because all transactions are between the holder/sponsor of the ticketed event and its respective ticket purchasers, you should directly contact the applicable holder/sponsor of the event with any refund requests. We will have no liability for (a) a holder/sponsor’s failure to give refunds in accordance with their policies.

11. Disclaimer

We warrant that the Website will operate and we will provide Services in accordance with these Terms of Use. This is the only warranty given with respect to the Website and the Services. WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, TO THE MAXIMUM EXTENT ALLOWED BY LAW. You acknowledge that we rely on third parties to operate via the Internet, and that operation of the Website and provision of the Services may therefore be interrupted, delayed or otherwise impaired by third party equipment failures, security breaches and other problems over which we have no control.

We do not warrant or guarantee that the Website will operate or that Services will be provided without error or interruption; be free of viruses and other harmful components; be compatible with any other hardware, software, system or data; or meet your requirements or expectations. We do not guarantee or warrant that we can or will resolve any problems you encounter with the Website or the Services.

We do not control or endorse information or content which you or others post to or transmit through the Website, and therefore disclaim any and all liability arising from or relating to such information or content. Managers or hosts of social media forums are not our agents, and users’ views do not necessarily reflect our own.

12. General Release

You hereby release us, our shareholders, members, managers, directors, officers, employees, agents, contractors, parent companies, subsidiaries, affiliates and assignees from liability of any kind or nature whatsoever to the maximum extent allowed by section 1668 of the California Civil Code, including without limitation liability arising in contract, tort (including active and passive negligence but excluding gross negligence), equity or otherwise. This release extends insofar as may be permitted by law to any and all loss, injury and damages caused by or resulting in whole or in part from any failure of performance, error, omission, interruption, deletion, defect, delay, and illegal or unauthorized alteration, misappropriation, dissemination or misuse of data or personal or proprietary information.

13. Damage Limitation

In no event will any damages awarded against us exceed the total amount of fees you have paid to us for the 12 months immediately preceding the event giving rise to the liability, or $2,500, whichever is greater. Under no circumstances will we be liable for any consequential, exemplary, special, incidental or punitive damages, including without limitation lost profits, even if we have been advised of the possibility of such damages.

14. Indemnification

You will defend, indemnify and hold us harmless, as well as our shareholders, members, managers, directors, officers, employees, agents, contractors, parent companies, subsidiaries, affiliates and assignees, from and against all liability, damages, losses and expenses, including attorney’s fees, which we or they incur in connection with any third party claim, suit, action or proceeding (“Claim”) based in whole or in part on your use of the Website or the Services or your relationship with us, including without limitation a Claim for infringement of Intellectual Property rights or the improper collection, storage, use or dissemination of personal or proprietary information. We will give you prompt notice of any such Claim. You may elect to defend the Claim using counsel of your choosing at your expense, or require us to defend the Claim using counsel of our choosing, provided that you advance to us a sum sufficient to compensate such counsel for reasonably foreseeable attorney’s fees and litigation costs and expenses.

15. Termination

We may stop providing Services to you and terminate your access to the Website at any time and for any reason in our sole discretion, including a violation of these Terms of Use, the posting of inappropriate User Content, misuse of the Services or the Website, or the repeat infringement of Intellectual Property rights.

16. Miscellaneous

We own our name and logo, which are protected by Intellectual Property law. Other trademarks appearing on the Website are the property of their respective owners.

The Website is not intended for minors. We encourage you to take reasonable steps to restrict or prevent their access to it. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Always use extreme caution when giving out personally identifiable information.

These Terms of Use will be read together with our privacy and DMCA policies, other policies and rules applicable to the Services and the Website, and any subscriber agreement or other contract with us to which you are a party.

17. Notice

We may give notice to you by means of (i) posting a general notice on the Website, or sending notice (ii) by email to the email address on record for your Account or (iii) by mail to the mailing address on record for your Account. You may give notice to us by sending it via email to support@vinovisit.com or mailing it to Ron Scharman, Chief Operations Officer, VinoVisit, 851 Napa Valley Corporate Way, Napa, CA 94558. Notice will be deemed given 12 hours after posting or emailing or 48 hours after mailing. You may change your addresses at any time by updating the information in your Account, and we may change ours by posting our new address on the Website.

18. Dispute Resolution

A. The parties agree that any and all disputes, claims or controversies arising out of or relating in any way to these Terms of Use, the Website, the Services, or the relationship between us shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration before a single arbitrator in San Francisco, California as set forth below.

B. Notwithstanding paragraph 17(A) above, disputes, claims and controversies in which the initiating party seeks (i) compensatory damages in an aggregate amount of less than $50,000, exclusive of costs and attorney’s fees, or (ii) equitable relief alone, shall be excluded from arbitration and mediation, and shall be resolved instead by litigation as set forth in paragraph 17(J) below. A court and not an arbitrator shall decide disputed questions of arbitrability.

C. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree to participate in the mediation in good faith and share equally in its costs.

D. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

E. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 60 days from the date of filing the written request for mediation, whichever occurs first ("Earliest Initiation Date"). The mediation may continue after the commencement of arbitration if the parties so desire.

F. At no time prior to the Earliest Initiation Date shall either side initiate arbitration or litigation related to this Agreement except to pursue (i) an action or proceeding that is excluded from mediation and arbitration pursuant to paragraph 17(A) above or (ii) a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party who refuses to comply with the requirements of paragraph 17(C) above. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.

G. Any arbitration arising out of or related to these Terms of Use, the Website, the Services, or the relationship between us shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms of Use, including Rules 16.1 and 16.2 of those Rules. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

H. In any arbitration arising out of or related to these Terms of Use, the Website, the Services, or the relationship between us, the arbitrator shall award to the prevailing party, if any, the costs and attorney’s fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorney’s fees reasonably incurred by the prevailing party in connection with the arbitration.

I. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. Notwithstanding the preceding sentence with respect to applicable substantive law, any arbitration conducted pursuant to these Terms of Use shall be governed by the Federal Arbitration Act.

J. Exclusive jurisdiction and venue for all actions and proceedings excluded from mediation and arbitration under paragraph 17(A) above shall rest with the Superior Court of the State of California, County of Napa (or the corresponding small claims court), and the United States District Court for the Northern District of California. The parties stipulate that said courts will have personal jurisdiction over them and hereby waive any claim of inconvenient forum.

19. Effective Date

These Terms of Use are effective as of April 1, 2016.