Terms and Conditions of Use

1. Acceptance of Terms

The American Wine Consumer Coalition (“AWCC”), provides the AWCC Website (http://www.wineconsumers.org or “Site”) subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between AWCC and you.

AWCC reserves the right to change these Terms from time to time with or without notice to you. Your continued use of the Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.

As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or content available on this Site.

BY ACCESSING, USING, OR INTERACTING WITH THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THESE TERMS IS TO CEASE USING THE SITE.

2. Payment

Donations. If you choose to donate to AWCC on our Site, you agree to pay all fees associated with the donation.

This site does not process credit cards, or take other payment processing information. Payment processing is handled through third-party services, such as Paypal.com. In the event you sign up for a donation that is ongoing and incurs reoccurring charges, such charges will be billed in advance of service.

3. Site Conduct, Posting Policies & Third Party Websites

User-Created Content Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:

i.  is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;

ii.  victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

iii.  infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

iv.  consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

 

v.  contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;

vi.  breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;

vii.  impersonates any person or entity, including any of our employees or representatives.

No Endorsement. AWCC neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although AWCC does not pre-screen, police or monitor comments posted on the Site, AWCC and its Affiliates and agents reserve the right to remove any and all postings that they feel do not comply with these Terms and any other rules of user conduct for the Site, or are otherwise harmful, objectionable, or inaccurate.  AWCC is not responsible for any failure or delay in removing such postings.

Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. From time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that AWCC is not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor is AWCC responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by AWCC, or any warranty of any kind, either express or implied.

Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser.  AWCC assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

4. Company Intellectual Property

Content. For purposes of these Terms, “Content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on the Site and is owned by AWCC or its Affiliates.

Ownership of Content. By accepting these Terms, you agree that all Content is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of AWCC or its Affiliates.

No Warranty for Third-Party Infringement. Neither AWCC or its Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

5. Content You Create.

Your Intellectual Property Rights. Subject to our Privacy Policy (located at http://www.wineconsumers.org/privacy), any communication or material that you transmit to this Site or to AWCC, whether by email, mail, or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”).  You grant AWCC (including our employees and Affiliates), a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.

AWCC respects the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing material through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).  AWCC may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.

If you believe that you or someone else’s copyright has been infringed by AWCC -or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to AWCC immediately. Prior to sending notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, the Rights Holder should provide the following information:

1.Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;

2.Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);

3.The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);

4.A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;

5.A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and

6.The Rights Holder’s electronic signature.

Notice may be sent to:

By Mail: , DMCA Agent, AWCC, 300 Kentucky Ave SE. Washington DC 20003.

By e-mail:  DMCA@wineconsumer.org

Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to AWCC including patentable ideas, new content suggestions or business proposals. Ideas that AWCC receives unsolicited will be treated as property owned by AWCC and will not be returned to you.

6. Disclaimer

ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS FROM AWCC OR ITS AFFILIATES AT THIS SITE, INCLUDING THE DONATION LEVEL AND DESCRIPTIONS OF ANY OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR OFFERINGS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND AWCC MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR OFFERINGS.

THE USE, DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY AWCC OR ANY OTHER OF ITS AFFILIATES.

AWCC RESERVES THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES.  ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

7. Limitation of Liability & Indemnification

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you donated to AWCC on the Site.

IN NO EVENT SHALL AWCC OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT AWCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, AWCC SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF DONATIONS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to defend, indemnify, and hold AWCC and its Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

8. Termination of Use

Grounds for Termination. You agree that AWCC may, at its sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to access, use or interact with Site will immediately cease.  AWCC shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by AWCC in connection therewith.

9. Miscellaneous Provisions

International Use. Although this Site may be accessible worldwide, AWCC makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any Service, and/or information made in connection with this Site is void where prohibited.

Governing Law.  The statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of the  State of California or the U.S. District Court for the Northern District of California with respect to such matters controlled by that court.

Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to AWCC must be sent to info@wineconsumers.org, if by email, or to our address at AWCC, 300 Kentucky Avenue SE,  Washington, D.C., 20003 if by conventional mail. You agree to allow AWCC to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 4 of these Terms.

Force Majeure. In addition to any excuse provided by applicable law, AWCC shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver. Any failure by AWCC to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that AWCC may use.  AWCC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.