Events & Experience Terms of Use
VEZER – Terms of Use
In this Agreement, “VEZER FAMILY VINEYARDS, LLC” or “company” means VEZER FAMILY VINEYARDS, LLC, Inc., and “User” or “you” means you. This Agreement incorporates VEZER FAMILY VINEYARDS, LLC’ standard policies, procedures and Terms of Use of the Services that are referenced by name or by links in this Agreement (“VEZER FAMILY VINEYARDS, LLC Policies”).
These VEZER FAMILY VINEYARDS, LLC Terms of Use (the “Agreement”) apply to your consumer use of (1) the VEZER FAMILY VINEYARDS, LLC website at http://www.vezer.com and all affiliated web sites owned and operated solely by VEZER FAMILY VINEYARDS, LLC (the “VEZER FAMILY VINEYARDS, LLC Site”), (2) the guest reservation services made available by VEZER FAMILY VINEYARDS, LLC through the VEZER FAMILY VINEYARDS, LLC Site, VEZER FAMILY VINEYARDS, LLC Applications and any other online properties of VEZER FAMILY VINEYARDS, LLC or third parties, as described in Part I below (“Guest Management Services”), (3) any VEZER FAMILY VINEYARDS, LLC-branded application for your mobile or other device (each, an “VEZER FAMILY VINEYARDS, LLC Application”), (4) the Gift-Card purchases and related services provided by VEZER FAMILY VINEYARDS, LLC as described in Part II below and, (5) any other services or features made available by VEZER FAMILY VINEYARDS, LLC, Inc. through the VEZER FAMILY VINEYARDS, LLC Site or any VEZER FAMILY VINEYARDS, LLC Application. Combined, the items in (1) through (5) are referred to as the “Services”.
By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand and agree to be bound by this Agreement and (2) you and/or the person on which behalf you are making reservations or purchasing experiences for are of legal age and not prohibited by law from accessing site functionality or content related to alcohol, purchasing alcohol or an experience that includes alcohol or using the Services (including, if applicable, giving, using or redeeming any Gift Card) in the applicable jurisdiction. You further agree and understand that for experiences involving alcohol you must present valid government issued identification, which shows you are of legal drinking age in the applicable jurisdiction, before you are served alcohol. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
VEZER FAMILY VINEYARDS, LLC may update or revise this Agreement (including any VEZER FAMILY VINEYARDS, LLC Polices) from time-to-time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept the modified Agreement, but accepting the Agreement is required for you to continue using the Services. You may have to click to agree to the modified Agreement to show your acceptance. If you do not agree to the modified Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account. Except as otherwise expressly stated by VEZER FAMILY VINEYARDS, LLC, any use of the Services (e.g., to make a guest reservation or to purchase a Gift Card) is subject to the version of the Agreement in effect at the time of use.
Part I – Reservation-related Services
1. Reservations. VEZER FAMILY VINEYARDS, LLC provides the Reservation Services to User for the purpose of assisting User in securing reservations at participating third party Properties (each a “Property”). In response to a User’s online request, VEZER FAMILY VINEYARDS, LLC directly contacts the Property’s computerized database of reservations. The availability of reservations is determined at the time of User’s query. Once a reservation is made by User, VEZER FAMILY VINEYARDS, LLC will provide confirmation of the reservation to User by email. By using the Reservation Services, User agrees to receive reservation confirmations by email after booking a reservation through the Reservation Services.
2. No Show Policy VEZER FAMILY VINEYARDS, LLC is committed to delivering top-quality services to its Users and Properties. To assist us in maintaining a consistently top-level of service, Users are asked to cancel any reservations that they will be unable to honor in accordance to the Cancellation Policy. You may cancel your reservation online or call directly. Failing to comply with canceling your reservation within the cancellation window set forth by Property, your credit card on file may be charged.
If you are unable to keep your reservation and you fail to cancel, VEZER FAMILY VINEYARDS, LLC will send you an email letting you know that our records indicate that you were marked as a ‘no-show’, by the Property. By using the Reservation Services, User agrees to receive no-show confirmations by email after a report that your reservation was not honored, whether or not that was in fact the case. Your VEZER FAMILY VINEYARDS, LLC account will be terminated if you no-show for four (4) reservations within the same twelve-month period. If you receive a ‘no-show’ confirmation email in error, please contact VEZER FAMILY VINEYARDS, LLC for information on how to dispute it. User agrees that all final no-show determination will be made by VEZER FAMILY VINEYARDS, LLC in its sole discretion.
3. VEZER FAMILY VINEYARDS, LLC Reward Points. User may be able to participate in VEZER FAMILY VINEYARDS, LLC’ User benefits program called VEZER Rewards. Participation is subject to VEZER FAMILY VINEYARDS, LLC Rewards Program Terms and Conditions and is strictly limited to Reward type accounts booking Reservations. Points are awarded to Reservations booked on vezer.com only.
4. Privacy Policy. VEZER FAMILY VINEYARDS, LLC is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how company collect and use information about use of the Services.
5. Usage Guidelines. User agrees to use the Reservation Services to book reservations and then honor those reservations by arriving at the Property(s) on time and paying any applicable tasting fees. User may be able to book multiple reservations through VEZER FAMILY VINEYARDS, LLC’ Administrative Assistant and/or Concierge programs. Resale or attempted resale of reservations is prohibited, and is grounds for immediate cancellation of your reservations or termination of your access to the Services. VEZER FAMILY VINEYARDS, LLC expressly reserves all its rights and remedies under applicable state and federal law. VEZER FAMILY VINEYARDS, LLC reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel reservations.
Part II – Terms for All Services
6. Your Account. You may create an account in order to use Reservation Services. You may create an account to access Services related to Gift Cards. When registering for an account with VEZER FAMILY VINEYARDS, LLC (“Account”), you must provide true, accurate, current and complete data about yourself on the VEZER FAMILY VINEYARDS, LLC registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify VEZER FAMILY VINEYARDS, LLC of any unauthorized use of your Account or any other breach of security related to your use of the Services.
7. Communications from VEZER FAMILY VINEYARDS, LLC. The VEZER FAMILY VINEYARDS, LLC Application may use GPS locator capabilities to identify your current location. VEZER FAMILY VINEYARDS, LLC may send you electronic messages to provide you information regarding the Services or as otherwise described in our privacy policy. You hereby expressly consent to receiving such electronic messages. You may at any time opt out of receiving marketing communications by using the provided Opt Out tools included in the message. You may not Opt Out of receiving Transactional communications. Transactional communications in relation to reservations or ticket purchases include but are not limited to reservation and/or ticket purchase confirmation, reminder notifications, cancellation confirmation, etc… The communication standards for the Services include, but are not limited to: email, SMS, GPS, and web-based browser technology. In order to use and receive electronic messages, you must maintain an active account with a carrier of electronic communications through email service providers, mobile service providers, etc… Due to the nature of prepaid cellular phone contracts, VEZER FAMILY VINEYARDS, LLC does not guarantee or provide support for issues related to prepaid devices.
8. Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. VEZER FAMILY VINEYARDS, LLC does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the VEZER FAMILY VINEYARDS, LLC Site, and some features and portions of the VEZER FAMILY VINEYARDS, LLC Site (including but not limited to making, modifying or canceling reservations) may not be accessible with JavaScript disabled.
9. Modifications to Services. VEZER FAMILY VINEYARDS, LLC reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including by removing, adding, or modifying portions of the VEZER FAMILY VINEYARDS, LLC Site, VEZER FAMILY VINEYARDS, LLC Applications, Properties and/or Merchants. VEZER FAMILY VINEYARDS, LLC shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
10. Intellectual Property Rights and Grant of Rights to User. The features, information and materials provided and depicted through the Services are protected by copyright, trademark, patent and other intellectual property laws. All text, graphical content, video, data or other content made available through the Services (“VEZER FAMILY VINEYARDS, LLC Content”) is provided to User by VEZER FAMILY VINEYARDS, LLC or its partners or licensors. The VEZER FAMILY VINEYARDS, LLC Content may be modified from time to time by VEZER FAMILY VINEYARDS, LLC in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the VEZER FAMILY VINEYARDS, LLC Content by User shall constitute a material breach of this Agreement. VEZER FAMILY VINEYARDS, LLC and its partners or licensors retain all rights in the Services and VEZER FAMILY VINEYARDS, LLC Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of VEZER FAMILY VINEYARDS, LLC or any third party is granted under this Agreement.
11. Application License. Subject to the terms and conditions of this Agreement, VEZER FAMILY VINEYARDS, LLC grants User a non-exclusive, non-transferable, revocable license to use the VEZER FAMILY VINEYARDS, LLC Applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
12. Use Restrictions. The Services and VEZER FAMILY VINEYARDS, LLC Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. You agree not to (and not to allow any third party to): (a) use any robot, spider, scraper or other automatic or manual device, process or means to access the Services or copy any VEZER FAMILY VINEYARDS, LLC Content except as expressly authorized by VEZER FAMILY VINEYARDS, LLC; (b) take any action that imposes or may impose (in VEZER FAMILY VINEYARDS, LLC’ sole discretion) an unreasonable or disproportionately large load on the Services or VEZER FAMILY VINEYARDS, LLC’ infrastructure; (c) utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to or sublicense any portion of the Services or VEZER FAMILY VINEYARDS, LLC Content to a third party; (e) use any portion of the Services or VEZER FAMILY VINEYARDS, LLC Content to provide, or incorporate any portion of the Services into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by Applicable Law (and then only upon advance notice to VEZER FAMILY VINEYARDS, LLC); (g) modify any Services or VEZER FAMILY VINEYARDS, LLC Content or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Services; (i) use the Services for any illegal purpose or (j) publicly disseminate information regarding the performance of Services or access or use the Services for competitive analysis or benchmarking purposes.
13. International Users. You may not use, export or re-export any of the VEZER FAMILY VINEYARDS, LLC Applications or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of Applicable Law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
14. Government End Users. The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire any VEZER FAMILY VINEYARDS, LLC Application with only those rights set forth therein.
15. Termination. VEZER FAMILY VINEYARDS, LLC may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, VEZER FAMILY VINEYARDS, LLC may suspend your access to the Services if company believe you to be in violation of any part of this Agreement (including any VEZER FAMILY VINEYARDS, LLC Policies) or (with respect to Gift Card purchasers) if company receive excessive charge backs on the credit card associated with your Account. After any suspension or termination, you may or may not be granted permission to re-establish an Account, and you may lose access to and be unable to use any accumulated Reward Points as described in the VEZER FAMILY VINEYARDS, LLC Rewards Terms and Conditions. You agree that VEZER FAMILY VINEYARDS, LLC shall not be liable to you for any termination of this Agreement or for any effects of this termination. You are always free to discontinue your participation and use of the Services at any time. You understand that any termination of your Account may involve deletion of any content you stored on your Account for which VEZER FAMILY VINEYARDS, LLC will have no liability whatsoever.
16. Communications, Reviews, Comments and Other Content. The Services may permit you to submit reviews, comments, and ratings; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Properties and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code or labor law violations. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. VEZER FAMILY VINEYARDS, LLC reserves the right (but has no obligation) to monitor, remove or edit User Content in VEZER FAMILY VINEYARDS, LLC’ sole discretion, including if the User Content violates this Agreement (including any VEZER FAMILY VINEYARDS, LLC Policies), but you acknowledge that VEZER FAMILY VINEYARDS, LLC may not regularly review submitted User Content. If you do submit User Content, and unless company indicate otherwise, you grant VEZER FAMILY VINEYARDS, LLC a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub licensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media. VEZER FAMILY VINEYARDS, LLC takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
17. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to User Content; that all User Content is accurate; and that exploitation of such User Content by VEZER FAMILY VINEYARDS, LLC and its other Users, partners and licensees will not violate this Agreement or cause injury to any person or entity or infringe any third party rights (including without limitation intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless and (at VEZER FAMILY VINEYARDS, LLC’ request) defend VEZER FAMILY VINEYARDS, LLC, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (“VEZER FAMILY VINEYARDS, LLC Parties”) from and against all claims resulting from (a) your User Content, (b) your use of the Services or (c) any breach or alleged breach by you of this Agreement.
18. Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY SPECIFIED BELOW WITH RESPECT TO RESERVATIONS, IN NO EVENT SHALL THE VEZER FAMILY VINEYARDS, LLC PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (I) THIS AGREEMENT, (II) ANY USE OF THE SERVICES, THE VEZER FAMILY VINEYARDS, LLC CONTENT OR USER CONTENT, (III) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES), OR (IV) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT OR POLICIES OF ANY RESTAURANT OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE VEZER FAMILY VINEYARDS, LLC SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE VEZER FAMILY VINEYARDS, LLC CONTENT. VEZER FAMILY VINEYARDS, LLC IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY RESTAURANT FOR WHICH A USER HAS MADE A RESERVATION.
WITH RESPECT TO GIFT CARD PURCHASERS, OR IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE PRICE YOU PAID FOR YOUR MOST RECENT GIFT CARD ORDER (IF APPLICABLE) OR FIFTY US DOLLARS ($50).
You and VEZER FAMILY VINEYARDS, LLC understand and agree that the disclaimers, exclusions and limitations in this Section 20 and in Section 21: (a) are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that VEZER FAMILY VINEYARDS, LLC would be unable to make available the Services to you except on these terms and (b) will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
19. Disclaimer of Warranties. THE SERVICES, ALL VEZER FAMILY VINEYARDS, LLC CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. VEZER FAMILY VINEYARDS, LLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR INDEMNITIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. VEZER FAMILY VINEYARDS, LLC DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT VEZER FAMILY VINEYARDS, LLC WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMAITON OR MATERIALS WITHOUT LOSS. VEZER FAMILY VINEYARDS, LLC SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF VEZER FAMILY VINEYARDS, LLC.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMTTED BY LAW. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. Links to Third Party Websites. The Services may contain hypertext links to websites operated by parties other than VEZER FAMILY VINEYARDS, LLC. Such hypertext links are provided for User’s reference only and VEZER FAMILY VINEYARDS, LLC does not control such websites and is not responsible for their content. VEZER FAMILY VINEYARDS, LLC’ inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. VEZER FAMILY VINEYARDS, LLC assumes no liability whatsoever for any such third party websites or any content, features, products or services made available through third party websites.
21. Release of Liability. VEZER FAMILY VINEYARDS, LLC is solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities and costs (“Claims”) suffered by you (or, if applicable, any Gift Card recipient) as a result of your interaction with or visit to any Property or Merchant or from any of their products and services. You hereby release the VEZER FAMILY VINEYARDS, LLC Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the VEZER FAMILY VINEYARDS, LLC Parties pertaining to the subject matter of this Section.
22. Copyright. If you believe that something on the Services violates your own copyright, notify our copyright agent in writing immediately. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice:
(i) provide your physical or electronic signature;
(ii) identify the copyrighted work that you believe is being infringed;
(iii) identify the item that you think is infringing your work and include sufficient information about where the material is located so that company can find it;
(iv) provide us with a way to contact you, such as your address, telephone number, or e-mail;
(v) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Services; and
(vi) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
Copyright Enforcement Agent
VEZER FAMILY VINEYARDS, LLC, Inc.
2526 MANKAS CORNER ROAD. FAIRFIELD, CA 94534
Or via email: info@vezer.com
Again, company cannot take action unless you give us all the required information.
23. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
24. Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by User, but may be freely transferred, assigned or delegated by VEZER FAMILY VINEYARDS, LLC.
25. Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
26. Choice of Law. The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
27. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and VEZER FAMILY VINEYARDS, LLC or VEZER FAMILY VINEYARDS, LLC’ employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and VEZER FAMILY VINEYARDS, LLC must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR VEZER FAMILY VINEYARDS, LLC MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, VEZER FAMILY VINEYARDS, LLC will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) VEZER FAMILY VINEYARDS, LLC also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator shall honor claims of privilege and privacy recognized at law; (f) the arbitration shall be confidential, and neither you nor company may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by Applicable Law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either You or VEZER FAMILY VINEYARDS, LLC may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in San Francisco County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Francisco County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor VEZER FAMILY VINEYARDS, LLC shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in San Francisco County, California.
For more information on AAA, its Procedures and Rules, and how you can file an arbitration claim, visit their website at http://www.adr.org. Part III Ticketing Services
Merchant & Event Organizer Terms of Service
Welcome to VEZER FAMILY VINEYARDS, LLC. VEZER FAMILY VINEYARDS, LLC enables people to plan, promote, and sell tickets to their events.
ACCEPTANCE OF TERMS.
1.1 Overview.
The following terms and conditions (this “TOS”) govern all use by you as an Organizer (as defined below) of (a) the VEZER FAMILY VINEYARDS, LLC, Inc. websites and domains (including all webpages, subdomains and subparts therein contained, the “Site”), (b) any and all services available on or through the Site or otherwise provided by VEZER FAMILY VINEYARDS, LLC, Inc. (“VEZER FAMILY VINEYARDS, LLC”) for your events, and (c) all Software (as defined below) (collectively, the “Services”). The Services are owned and operated by VEZER FAMILY VINEYARDS, LLC. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by VEZER FAMILY VINEYARDS, LLC. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY VEZER FAMILY VINEYARDS, LLC. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. THIS TOS MAY ONLY BE MODIFIED (I) ON AN EVENT BY EVENT BASIS THROUGH A WRITTEN TICKETING SERVICES AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THIS TOS, SIGNED BY YOU AND AN AUTHORIZED OFFICER OF VEZER FAMILY VINEYARDS, LLC, OR (II) BY VEZER FAMILY VINEYARDS, LLC AS PROVIDED IN SECTION 1.2 BELOW.
1.2 Modification.
VEZER FAMILY VINEYARDS, LLC reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
1.3 Language.
We may translate this Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.
DESCRIPTION OF VEZER FAMILY VINEYARDS, LLC.
VEZER FAMILY VINEYARDS, LLC provides a simple and quick means for registered users (“you”) to make payments with respect to the sale of tickets/registrations, merchandise and services with respect to, events registered on the Site, including Service Fees (as defined below) (“Ticket Fees “), from users who want to attend such events (“Buyers”). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, inventory, etc., and collect Ticket Fees online directly from Buyers. Payments are all transacted through the VEZER FAMILY VINEYARDS, LLC payment processing gateway (the “Gateway”). This TOS applies to you and your use of the Services as an Organizer.
YOUR USE OF THE SERVICES.
3.1 The Services.
VEZER FAMILY VINEYARDS, LLC hereby grants you a non-exclusive, non-transferable, non-sub licensable right to access and use the Services solely for the purposes of purchasing event tickets, merchandise, or access to an event that you have registered for on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting Ticket Fees through the Site as an Organizer in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.
3.2 Software.
If you are allowed to download or use any Software in connection with the Services, VEZER FAMILY VINEYARDS, LLC hereby grants you a personal, non-transferable, non-sub licensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by VEZER FAMILY VINEYARDS, LLC in conjunction with the Software. For purposes of this TOS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by VEZER FAMILY VINEYARDS, LLC, including without limitation VEZER FAMILY VINEYARDS, LLCs mobile applications. For clarity, the Software will be deemed a part of the “Services” hereunder.
The Software and the transmission of applicable data is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.
The Software and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this TOS.
PAYMENT METHODS.
4.1 Overview
There is one type of payment processing VEZER FAMILY VINEYARDS, LLC and/or it’s Organizers/Vendors use when using the Services: “Credit Card Processing” or “CCP”, which requires the use of the Gateway for the collection of Ticket Fees. Monetary payments will be made to VEZER FAMILY VINEYARDS, LLC (via CCP).
(a) Payment Process
VEZER FAMILY VINEYARDS, LLC will collect all Ticket Fees on behalf of any Organizer/Vendor (VEZER FAMILY VINEYARDS, LLC or any organizer/vendor contracted with VEZER FAMILY VINEYARDS, LLC) from Buyers and deduct all applicable Services Fees from the Ticket Fees collected by VEZER FAMILY VINEYARDS, LLC, and then pass the remainder along to the Organizer as described in the organizer/vendor contract after the event end date by default. VEZER FAMILY VINEYARDS, LLC reserves the right to withhold funds (i) at any time as VEZER FAMILY VINEYARDS, LLC determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to this TOS.
(b) Refunds
(i) Under the CCP option, it is the responsibility of the contracted Organizer/Vendor to communicate its refund policy to Buyers and to issue refunds to Buyers. An Organizer/Vendor shall ensure that its refund policy is consistent with the terms of this TOS and the payment and refund mechanics of the Organizer/Vendor Site. All communications or disputes regarding refunds are between the Organizer/Vendor and Buyer, and VEZER FAMILY VINEYARDS, LLC will not be responsible or liable for, and Organizer/Vendor hereby agrees to fully indemnify VEZER FAMILY VINEYARDS, LLC and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the CCP option. (ii) Notwithstanding the foregoing, you acknowledge and agree that VEZER FAMILY VINEYARDS, LLC shall have the right to force a refund of any or all tickets or merchandise at any time for any reason or no reason, including without limitation if VEZER FAMILY VINEYARDS, LLC receives complaints from a substantial number (as determined by VEZER FAMILY VINEYARDS, LLC in its sole discretion) of Buyers with respect to the applicable event or another event by Organizer/Vendor, or VEZER FAMILY VINEYARDS, LLC determines in its sole discretion that Organizer/Vendor has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Buyer(s) request a refund, whether due to a cancelled event or for any other reason where VEZER FAMILY VINEYARDS, LLC would reasonably expect to lose a chargeback, VEZER FAMILY VINEYARDS, LLC may, in its sole discretion, issue such refund to such Buyer(s), and Organizer/Vendor shall then owe the amount of such refund to VEZER FAMILY VINEYARDS, LLC. If a payout advance has been issued for an event the Organizer agrees to not issue refunds in excess of the actual ticket funds available for the event.
(c) Credit Card Chargebacks.
Under the CCP option, any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back to the Organizer/Vendor of such event. All communications and disputes regarding chargebacks are between the Organizer and Buyer, and VEZER FAMILY VINEYARDS, LLC will not be responsible or liable in any way for, and Organizer/Vendor hereby agrees to fully indemnify VEZER FAMILY VINEYARDS, LLC and its affiliates for, chargebacks issued in the course of the use of the CCP option.
4.4 Non-Exclusive Remedies.
(a) Payment.
In the event that Organizer/Vendor fails to pay to VEZER FAMILY VINEYARDS, LLC any amount owed pursuant to this TOS when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Organizer/Vendor to VEZER FAMILY VINEYARDS, LLC under this TOS or otherwise, VEZER FAMILY VINEYARDS, LLC may, without limiting its other rights and remedies, (i) deduct such amounts from Organizer/Vendor’s outstanding balance, whether for that particular event or for any other event that Organizer/Vendor lists through the Services; and/or (ii) send an invoice to Organizer for such amounts to the extent Organizer’s outstanding balance is insufficient to cover these costs, in which case Organizer/Vendor shall pay VEZER FAMILY VINEYARDS, LLC such invoiced amounts within fifteen (15) days after the date of the invoice. If payment for any amounts due to VEZER FAMILY VINEYARDS, LLC hereunder are not made by Organizer/Vendor when due, VEZER FAMILY VINEYARDS, LLC reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Organizer/Vendor registration for the Services (including any and all accounts that Organizer may have) and to cancel all other events listed by Organizer/Vendor.
(b) Confirmation.
Upon receipt of a credit card authorization from each individual ticket purchase, VEZER FAMILY VINEYARDS, LLC generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by VEZER FAMILY VINEYARDS, LLC through the Services, and it is your responsibility to verify the Buyer’s membership status, confirmation number and/or any event restrictions prior to the subject event.
(c) Taxes; Withholding.
(i) Organizer/Vendor’s contracted by VEZER FAMILY VINEYARDS, LLC are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, “Taxes”) apply to your use of the Services and for collecting, remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities, even if VEZER FAMILY VINEYARDS, LLC provides you with tools that assist you in doing so. VEZER FAMILY VINEYARDS, LLC does not represent or warrant that any tax tools will meet all tax requirements that may be applicable to you. VEZER FAMILY VINEYARDS, LLC cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires VEZER FAMILY VINEYARDS, LLC to pay any Taxes attributable to your use of the Services, you agree to indemnify and reimburse VEZER FAMILY VINEYARDS, LLC for such Taxes and all costs and expenses related thereto.
(ii) All Service Fees charged by VEZER FAMILY VINEYARDS, LLC do not include any Taxes except to the extent that a Tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay any Taxes that are imposed and payable on such Service Fees (other than those calculated based on VEZER FAMILY VINEYARDS, LLC’S net income) to VEZER FAMILY VINEYARDS, LLC.
(iii) VEZER FAMILY VINEYARDS, LLC reserves the right to withhold the payment of any amounts owed to you or a contracted Organizer/Vendor hereunder if VEZER FAMILY VINEYARDS, LLC suspects or determines that such amounts have been generated in (A) a fraudulent manner, (B) violation of this TOS, or (C) violation of any applicable laws or regulations (foreign or domestic), or if VEZER FAMILY VINEYARDS, LLC is required to do so by applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by VEZER FAMILY VINEYARDS, LLC).
YOUR REGISTRATION OBLIGATIONS.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify VEZER FAMILY VINEYARDS, LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. VEZER FAMILY VINEYARDS, LLC cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that VEZER FAMILY VINEYARDS, LLC shall be the sole arbiter of such dispute in its sole discretion and that VEZER FAMILY VINEYARDS, LLC’S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
CONTENT.
7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by VEZER FAMILY VINEYARDS, LLC in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. VEZER FAMILY VINEYARDS, LLC may own the Site Content or portions of the Site Content may be made available to VEZER FAMILY VINEYARDS, LLC through arrangements with third parties. Except as expressly authorized by VEZER FAMILY VINEYARDS, LLC in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of VEZER FAMILY VINEYARDS, LLC. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Profile and Other User Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”), you hereby grant to VEZER FAMILY VINEYARDS, LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have proper license and all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. VEZER FAMILY VINEYARDS, LLC reserves the right to remove any of Your Content from the Site at any time if VEZER FAMILY VINEYARDS, LLC believes in its sole discretion that it does not comply with this TOS. In addition, you agree that VEZER FAMILY VINEYARDS, LLC may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of VEZER FAMILY VINEYARDS, LLC both on the Site and in marketing and promotional materials. You agree to fully indemnify and hold harmless VEZER FAMILY VINEYARDS, LLC from any claim in relation to your content.
7.3 DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to:
VEZER FAMILY VINEYARDS, LLC
Attn: Legal Department
2526 MANKAS CORNER ROAD. FAIRFIELD, CA 94534
Or via email: info@vezer.com
Fax: (707) 429-3958
CONDUCT.
8.1 Certain Restrictions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Buyers and other users of the Services. You agree not to use the Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with VEZER FAMILY VINEYARDS, LLC’ Raffles, Contests and Sweepstakes Guidelines; impersonate any person or entity, including, but not limited to, an VEZER FAMILY VINEYARDS, LLC representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity; upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events; upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by VEZER FAMILY VINEYARDS, LLC. You further agree to not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to license requirements, maximums or limits on ticket prices, etc.); or stalk or otherwise harass any person or entity.
Raffles, Contests &Sweepstakes Guidelines
The following guidelines, together with the VEZER FAMILY VINEYARDS, LLC TOS and any other VEZER FAMILY VINEYARDS, LLC rules, policies or procedures that may be published from time to time, govern all use of the Services (as defined in the VEZER FAMILY VINEYARDS, LLC Terms of Service) to create, administer, sponsor, sell tickets or entries to, promote or operate any raffles, contests or sweepstakes:
All raffles, contests and sweepstakes (whether based on chance, skill or otherwise) must be created, administered, sponsored, promoted and operated in all respects in strict compliance with all federal, state, local and foreign laws.
All raffle, contest and sweepstakes event registration pages must clearly and conspicuously state that VEZER FAMILY VINEYARDS, LLC is not a sponsor or administrator of, and is not in any way affiliated with, such event or activity.
You acknowledge your indemnification obligations pursuant to the VEZER FAMILY VINEYARDS, LLC Terms of Service, which include full indemnification of VEZER FAMILY VINEYARDS, LLC with respect to any claim, loss or damage arising in connection with the operation or promotion of any raffle, contest or sweepstakes in connection with the Services.
The event registration page or related rules for all raffles, contests and sweepstakes must contain a complete release from participants of VEZER FAMILY VINEYARDS, LLC from any and all liability related in any way to such event.
If VEZER FAMILY VINEYARDS, LLC determines (in its sole discretion) at any time that any such raffle, contest or sweepstakes does not comply with these VEZER FAMILY VINEYARDS, LLC Raffles, Contests and Sweepstakes Guidelines and the VEZER FAMILY VINEYARDS, LLC Terms of Service, then VEZER FAMILY VINEYARDS, LLC shall have the rights and remedies set forth in the VEZER FAMILY VINEYARDS, LLC Terms of Service, including to alter, edit or remove such raffle, contest or sweepstakes or any part thereof, as well as the right to suspend or terminate the account holder.
8.2 Certain Remedial Rights.
You acknowledge that VEZER FAMILY VINEYARDS, LLC does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that VEZER FAMILY VINEYARDS, LLC and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that VEZER FAMILY VINEYARDS, LLC may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of VEZER FAMILY VINEYARDS, LLC, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
INDEMNITY.
You agree to defend, indemnify and hold VEZER FAMILY VINEYARDS, LLC, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Use of the Site and/or your Content; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this TOS. VEZER FAMILY VINEYARDS, LLC shall provide notice to you of any such Claim, provided that the failure or delay by VEZER FAMILY VINEYARDS, LLC in providing such notice shall not limit your obligations hereunder. VEZER FAMILY VINEYARDS, LLC reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting VEZER FAMILY VINEYARDS, LLCs defense of such matter.
SERVICE MODIFICATIONS/SUSPENSIONS.
VEZER FAMILY VINEYARDS, LLC reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. VEZER FAMILY VINEYARDS, LLC will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except for Service Fees (excluding the portion of Service Fees paid over to FPMs and other third-party service providers used by VEZER FAMILY VINEYARDS, LLC in connection with providing the Services) related to refunds issued to Buyers. You agree that VEZER FAMILY VINEYARDS, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
TERMINATION.
VEZER FAMILY VINEYARDS, LLC, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due VEZER FAMILY VINEYARDS, LLC, or if VEZER FAMILY VINEYARDS, LLC believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be affected without prior notice, and acknowledge and agree that VEZER FAMILY VINEYARDS, LLC may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that VEZER FAMILY VINEYARDS, LLC shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VEZER FAMILY VINEYARDS, LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. VEZER FAMILY VINEYARDS, LLC MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. VEZER FAMILY VINEYARDS, LLC IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND VEZER FAMILY VINEYARDS, LLC WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT VEZER FAMILY VINEYARDS, LLC HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING BUYERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, VEZER FAMILY VINEYARDS, LLC IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND VEZER FAMILY VINEYARDS, LLC HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to VEZER FAMILY VINEYARDS, LLC. VEZER FAMILY VINEYARDS, LLC, in its sole discretion, may investigate the claim and take necessary action.
LIMITATION OF LIABILITY.
VEZER FAMILY VINEYARDS, LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VEZER FAMILY VINEYARDS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN ORGANIZER WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND VEZER FAMILY VINEYARDS, LLC’S REASONABLE CONTROL. VEZER FAMILY VINEYARDS, LLC SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
RELEASE
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE VEZER FAMILY VINEYARDS, LLC, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS/VENDORS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR EVENT.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
REVISION DATE: May 24, 2024