Terms of Use : Best Wineries

Prepared by Legal Team at Scherer Smith and Kenny

Last Updated: June 2022

Thank you for using BestWineries.com (the “Site”). We (collectively, “we”, “us”, “our”) are an online service gathering information regarding food and travel throughout the Napa Valley and surrounding areas.

Access to and use of the Site is subject to these terms and conditions of use (“Terms of Use”). We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Site, or any part of the Site, with or without notice.

Age and Responsibility

YOU MUST BE OF LEGAL DRINKING AGE IN THE UNITED STATES TO USE THIS SITE. IF YOU ARE NOT, DO NOT ENTER THIS SITE. By using our Site, you are confirming that you are at least 21 years of age. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur because of the use of this website.

Modification of Terms

We reserve the right to change these Terms of Use at any time. You should check this page regularly. The changes will appear on the Site and will be effective when we post the changes. Your continued use of the Site means you agree to and accept the changes.

Privacy Policy

Our Privacy Policy contains further information about how data is collected, used, and made available on or by our Site. Our privacy policy is available here: https://bestwineries.com/privacy-policy/

Intellectual Property

The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks, and service marks, are our property, and are protected by copyright, trademark, and other laws. Any such content may be used solely for your personal, non-commercial use. You may not use any of such content except as set forth herein without our prior written permission. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without our prior written permission. We grant you a personal, non-exclusive, non-transferable, revocable license to use the Site and any materials on the site for non-commercial purposes subject to these Terms of Use.

All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Disclaimer

The information available through the Site is provided solely for informational purposes on an “as is” basis at user’s sole risk. We make no guarantees as to the accurateness, quality, or completeness of the information and we shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. Users are solely responsible for verifying the information as being appropriate for user’s personal use.

We do not represent or guarantee or warrant the information on our Site. We are also not obligated to monitor or independently research or verify any content on the Site.

Site content is provided for general information purposes only. You acknowledge and agree that any reliance or actions you take in in reliance on the information provided on the Site shall be at your sole and exclusive risk and we have no responsibility or liability to you whatsoever.

Prohibited Uses of the Site

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

In any way that violates any applicable federal, state, local or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site.

Additionally, you agree not to:

Introduce any viruses, Trojan horses, worms, logic bombs or other material or mechanism which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Otherwise attempt to interfere with the proper working of the Site.

Indemnification

You agree to indemnify, defend and hold us harmless, and our owners, officers, directors, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of a breach by you or any user of your account of these Terms of Use or any representations, warranties and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defense of any such claim. We reserve the right, at its our expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

WARRANTY DISCLAIMER

THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE. THE INFORMATION, FACTS, AND OPINIONS ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. WE DO NOT ENDORSE OR SPONSOR ANY THIRD PARTIES OR THIRD-PARTY SERVICES OR PRODUCTS ON OUR SITE.

LIABILITY DISCLAIMER

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER, US NOR ANY OF OUR AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE AND THE INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE THEREON.

Third-Party Links, Advertisements, Websites and Content

We do not review or monitor any websites, advertisements, or other media linked to or available through the Site and are not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither us nor our affiliates, agents, representatives, or licensors shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Site, and we shall not receive or review complaints regarding such purchases.

Disputes

These Terms of Use and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of the State of California (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of California, County of Napa.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

Waiver and Severability

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and us with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

DMCA Policy

We handle copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information on the Site that belongs to a third party, unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by sending a message via https://bestwineries.com/contact-us/ page.

This contact information is only for suspected copyright infringement. Please include the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of that web page.
Adequate information by which we can contact you (including your name, postal address, telephone number and email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).

Contact Us

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: https://bestwineries.com/contact-us/