Terms and Conditions

Thank you for visiting www.turningtidewines.com (“Website”).   This Website is owned and operated by Turning Tide Wines.  These Terms and Conditions of Use (“Terms of Use”) contain the terms and provisions applicable to you (“User”) and your access to and use of this Website.  Your use of the Website and any other feature, content or application offered by the Website is subject at all times to these Terms of Use, our Privacy Policy and all applicable laws, rules and regulations.  Please read these Terms of Use carefully and contact us with any questions.

Acceptance of Terms

By accessing this Website, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below.   If you do not agree to be bound by these Terms of Use, please exit the Website immediately.  These Terms of Use may be modified, changed or altered by us at any time without prior notice.  In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use.  Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Website. Your continued access of the Website after such changes are made conclusively demonstrates your acceptance of such changes.

You may request a copy of these Terms of Use by emailing us at: info@turningtidewines.com.  Please include the subject, “Terms of Use Agreement”.

In order to participate in certain Website services or promotions, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms of Use.

Permitted Users

To use this Website, you must be of legal age to purchase and consume alcoholic beverages.  If you are not of legal drinking age, please exit this Website immediately.  In accessing and using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 21 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation.

Rights to Content and Intellectual Property

This Website is protected by copyright, trademark, and other laws.  Any trademark, service mark, patent, copyright, design, logo or other intellectual property appearing on this Website is owned by us or our affiliates and may not be used by you without our prior written consent or the prior written consent of the appropriate owner.  Except as otherwise provided herein, we, our affiliates, subsidiaries or third party licensors own and retain all rights in the content, materials and design on the Website.  Except as permitted by these Terms of Use, you may not copy, use, modify, transmit, republish, display or make any derivative work from or of any material on this Website in any manner without our prior written consent.

We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display our content (excluding any software code) solely for your personal use in connection with viewing and utilizing the Website for the permitted uses set forth in these Terms of Use.

Permitted Uses of the Website

The content and information posted on this Website are provided as information to interested persons and may be used for your personal informational and educational purposes only.  Modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights.  This Website is not intended for your commercial use.

You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website.

Appropriate legal action will be taken for any illegal or unauthorized use of the Website. Some examples of unauthorized or illegal use of this Website include, but are not limited to: (i) collecting usernames and/or email addresses of Users for the purpose of sending unsolicited email; (ii) the unauthorized framing by you of the Website; (iii) criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; (iv) interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website; (v) attempting to impersonate another User or person; (vi) using the account, Username, or password of another User, as applicable, at any time or disclosing your password, as applicable, to any third party or permitting any third party to access your account; (vii) displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on the Website; or (viii) using the Website in a manner inconsistent with any and all applicable laws and regulations.

Any unauthorized use immediately and automatically terminates your right to use this Website and may subject you to legal liability.

Links to Third Party Sites

The Website may provide you with links or other access to other websites, services, products or content of third parties.  We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.  We recommend you read the privacy and terms of use policies of each third party’s website that you access.

User-Generated Content

The Website may now or in the future permit a User to post content to the Website.  You are solely responsible for any content, photos, artwork, videos, text, graphics, articles and other information you upload, post, display or otherwise provide to the Website (“User Content”).  You represent and warrant that: (i) you own the User Content posted by you on the Website or otherwise have the right to grant the license set forth herein; (ii) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of User Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Website.

By using the Website, or tools or applications for communicating, posting or creating content, you agree to post material that is proper and related to the forum presented by the particular area of the Website.

Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges.  The following is a partial list of additional types of User Content that is illegal or prohibited to post on or through the Website.  Prohibited User Content includes, but is not limited to, User Content that: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) exploits people in a sexual or violent manner; (iv) contains offensive subject matter; (v) solicits personal information from anyone; (vi) provides any telephone numbers, street addresses, last names, URLs or email addresses; (vii) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (viii) includes or promotes an illegal or unauthorized copy of another person’s copyrighted work; (ix) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; (ix) solicits passwords from Users or personal identifying information from other Users; or (xiii) includes a photograph of another person that you have posted without that person’s consent. Prohibited User Content may be removed by us without notice and your posting of such content may result in termination of privileges.

We are under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Terms of Use.  We reserve the right, in our sole discretion, to reject, refuse to post or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.  We expressly reserve the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Website if we determine, in our sole discretion, that you pose a threat to the Website and/or its Users.  We assume no responsibility and no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

We do not claim any ownership rights in the User Content that you post to the Website. After posting your User Content to the Website, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By supplying User Content to any area of the Website, you automatically grant to us for purposes of maintaining the Website, making User Content available, and you represent and warrant that you have the right to so grant, an irrevocable, transferable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licensees of the foregoing.  Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such User Content.

Term

These Terms of Use shall remain in full force and effect while you use the Website or are registered with the Website.  Even after your registration is terminated by you or us, you continue to remain bound by these Terms of Use to the extent you continue to access the Website in any capacity and for any use prior to such termination.

Termination of Access

You may terminate your registration at any time, for any reason.  In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your access to the Website, at any time with or without notice and with or without cause.  In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

User Disputes

You are solely responsible for your interactions with other Users of the Website. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

No Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE CONTENT AND INFORMATION POSTED ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  EXCEPT AS EXPRESSLY REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THE SITE. WE DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE TO THE BROADEST EXTENT PERMITTED BY LAW.  WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, QUALITY, COMPLETENESS OR EXISTENCE OF THE CONTENT AND INFORMATION POSTED ON THE WEBSITE.  WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, FOR TECHNICAL ACCESSIBILITY, FITNESS OR FLAWLESSNESS OF THE WEBSITE.  WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THIS WEBSITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.  WE DO NOT WARRANT THAT THE SITE OR ANY SOFTWARE MADE AVAILABLE ON THE SITE IS COMPATIBLE WITH YOUR COMPUTOR OR FREE OF COMPUTER VIRUSES. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.

If you download any content from the Website, we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such content.

Limitation on Liability

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, AND AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR YOUR LINKS TO OTHER SITES FROM THIS WEBSITE.

Indemnification

You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein).

Notice and Procedure for Making U.S. Claims of Copyright Infringement

We are committed to complying with copyright and related laws, and we require all Users of the Website to comply with these laws.  Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.  If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately.  Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue.  Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Website;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

  • a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our designated agent for notice of claims of copyright infringement can be reached as follows:

By E-Mail: info@turningtidewines.com

Subject line: DMCA

Miscellaneous

These Terms of Use are governed by U.S. federal law and the laws of the State of California, U.S.A., regardless of your location, without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Napa County, California, U.S.A. in all disputes arising out of or relating to the Website.  Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Any offer for any product, feature or service made on this Website is void where prohibited.  This Website may be viewed internationally and may contain references to  products or services not available in all countries.  References to a particular product or service do not imply that such product or service is appropriate or available to all persons of legal purchasing age in all locations, or that we intend to make such product or service available in such locations.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned.  Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.  These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Website), constitutes the entire understanding between you and us.

We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.

Privacy Policy

Please see our Privacy Policy at www.turningtidewines.com/privacy for details with respect to how we maintain and respect the privacy of your personal information.  You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.

How to Contact Us

If you have any questions, comments or concerns regarding these Terms of Use, please email us at wave@turningtidewines.com.