Terms of Use

1. Acceptance of Terms

Welcome to Napa Valley Wineries ('NVW,' 'we,' 'us,' or 'our'). By accessing or using our website, mobile application, or any related services (collectively, the 'Services'), you agree to be bound by these Terms of Use ('Terms'). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and NVW regarding your use of the Services. We may update these Terms from time to time, and your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

2. Description of Services

NVW provides an online platform and mobile application that connects users with wineries in California's wine regions, particularly Napa Valley and Sonoma County. Our Services include:

• Winery Discovery: Browse, search, and discover wineries based on location, wine varieties, amenities, and user reviews
• Booking Services: Reserve winery visits, tastings, tours, and experiences
• Information and Content: Access articles, blogs, guides, and educational content about wine and wineries
• Navigation and Directions: Get directions and navigate to wineries using integrated mapping services
• Winery Partnership Services: Tools and features for wineries to manage their profiles, bookings, and visitor engagement

3. User Eligibility

To use our Services, you must:

• Be at least 21 years of age (or the legal drinking age in your jurisdiction)
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Services under applicable law
• Provide accurate, current, and complete information during registration

By using our Services, you represent and warrant that you meet these eligibility requirements. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. User Accounts

4.1 Account Creation

Some features of our Services may require you to create an account. When creating an account, you agree to:

• Provide accurate, complete, and current information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended period of inactivity
• Request by you to delete your account

5. Booking and Reservations

5.1 Booking Process

When you make a booking through our Services:

• You enter into a direct contract with the winery or venue
• NVW acts as an intermediary facilitating the booking
• You agree to comply with the winery's specific terms, policies, and requirements
• You are responsible for arriving on time and honoring your reservation

5.2 Payment

Payment terms vary by winery and may include:

• Payment at the time of booking
• Payment upon arrival at the winery
• Deposit required with balance due at the winery

All prices are subject to change without notice. You are responsible for any applicable taxes, fees, or service charges.

5.3 Cancellations and Refunds

Cancellation and refund policies are determined by individual wineries. Please review the specific winery's cancellation policy before making a reservation. NVW is not responsible for refunds or disputes related to cancelled reservations. Any refund requests must be directed to the winery in accordance with their policies.

5.4 No-Show Policy

Failure to honor a reservation without prior cancellation may result in:

• Forfeiture of any deposit or prepayment
• Inability to make future bookings
• Suspension of your account

6. User Conduct

When using our Services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Provide false, misleading, or inaccurate information
• Impersonate any person or entity or misrepresent your affiliation
• Engage in fraudulent, abusive, or harassing behavior
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any part of the Services
• Use automated systems (bots, scrapers) to access the Services
• Transmit viruses, malware, or other harmful code
• Collect or harvest information about other users without permission
• Use the Services for any commercial purpose without authorization
• Post or transmit offensive, defamatory, or inappropriate content
• Reverse engineer, decompile, or disassemble any part of the Services

7. Intellectual Property Rights

7.1 Our Content

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, images, videos, software, and compilations ('Our Content'), are owned by NVW or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, distribute, sell, or lease any part of Our Content
• Use Our Content for commercial purposes without written permission
• Remove or alter any copyright, trademark, or proprietary notices

7.2 User-Generated Content

By submitting content (reviews, comments, photos, etc.) to our Services, you grant NVW a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Services.

You represent and warrant that:

• You own or have the necessary rights to the content you submit
• Your content does not violate any third-party rights
• Your content complies with these Terms

7.3 Trademarks

NVW, the NVW logo, and other NVW trademarks, service marks, graphics, and logos are trademarks of NVW or our licensors. You may not use these marks without prior written permission.

8. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or resources not owned or controlled by NVW. We are not responsible for:

• The content, accuracy, or opinions expressed on third-party websites
• The privacy practices of third-party services
• Any damages or losses caused by your use of third-party services

Your use of third-party services is at your own risk and subject to their terms and conditions.

9. Winery Partnerships

Wineries that partner with NVW agree to:

• Provide accurate and up-to-date information about their facilities, hours, services, and offerings
• Honor all bookings made through the NVW platform in accordance with their stated policies
• Maintain appropriate licenses, permits, and insurance
• Comply with all applicable laws and regulations
• Treat customers with respect and professionalism

NVW reserves the right to remove any winery from the platform that violates these Terms or engages in misconduct.

10. Disclaimers

10.1 'As Is' Basis

THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 No Guarantee

NVW does not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The Services will meet your requirements or expectations

10.3 Winery Information

While we strive to provide accurate information about wineries, we do not guarantee the accuracy, completeness, or reliability of any winery information, descriptions, reviews, or ratings. Users should verify information directly with wineries before making reservations.

10.4 User Content

NVW is not responsible for user-generated content, including reviews, ratings, comments, or photos. User opinions do not reflect the views of NVW.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVW, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES
• DAMAGES RESULTING FROM ANY THIRD-PARTY CONTENT OR CONDUCT
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR DATA
• DAMAGES ARISING FROM BOOKINGS, VISITS, OR INTERACTIONS WITH WINERIES

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO NVW IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless NVW, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your user-generated content
• Your interactions with wineries or other users

13. Dispute Resolution

13.1 Informal Resolution

If you have any dispute with NVW, you agree to first contact us at anabel@nvw.wine and attempt to resolve the dispute informally. We will work in good faith to resolve any disputes.

13.2 Arbitration

If we cannot resolve a dispute informally within 30 days, any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Napa, California.

13.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND NVW INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts located in Napa County, California.

15. Age and Alcohol Responsibility

You must be at least 21 years of age (or the legal drinking age in your jurisdiction) to use our Services. By using the Services, you certify that you meet this age requirement.

We promote responsible alcohol consumption. Never drink and drive. Always designate a sober driver or use alternative transportation when visiting wineries.

16. Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

17. Modifications to Terms

We may update these Terms from time to time. When we make changes, we will:

• Update the 'Last Updated' date at the top of this page
• Notify you via email or through the Services (for material changes)
• Provide you with an opportunity to review the updated Terms

Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and NVW regarding your use of the Services and supersede any prior agreements.

20. Contact Information

If you have any questions about these Terms, please contact us:

21. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.