Terms of Use

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Written by Fred Swan

Thursday, 23 April 2009 20:22

This Agreement sets out the terms of use relating to the online Content that the Siteowner will provide to the User.

By accessing the Site the User is agreeing to the terms of use below. If the User uses the Site in the course of business the User is also agreeing to these terms of use on behalf of that business.

If the User does not agree with the terms of use (or the User is not authorized to do so) the User should not use the Site. If the User has any questions they should contact the Siteowner at This email address is being protected from spambots. You need JavaScript enabled to view it. .

The Siteowner’s contact details are:

Services and Fees
The Siteowner may provide Free and/or Paid-for Content. The Siteowner reserves the right to vary the Free and Paid-for Content and does not guarantee that the Free Content will remain free of charge and does not guarantee that the Paid-for Content will remain a Paid-for service.

The User shall agree to pay any Fees at rates in effect when the charges are incurred. The User must provide the Siteowner with complete and accurate payment information. By submitting credit or debit card details to the Siteowner the User warrants that they are entitled to purchase the Paid-for Content using those payment details. In the event of an unauthorized payment the Siteowner reserves the right to suspend or terminate the User’s access to the Site and Paid-for Content. If no payment authorization is received or payment authorization is subsequently cancelled, the Siteowner may immediately terminate or suspend access to any Paid-for Content and/or the Site.

The Siteowner will try to process the User’s request for any Paid-for Content promptly but does not guarantee that the Paid-for Content will be available to the User by any specified time. A contract with the User for a Paid-for Content will come into effect when confirmation of payment has been sent to the User. You are free to cancel the subscription at anytime although only in the first 21 days of any one-year's subscription will a refund be made.

The User having paid the Fee for the supply of Paid-for Content for a year will have the right to cancel any transaction and receive a full refund provided that the User’s notice of cancellation is received by the Siteowner within 21 days of the date of the transaction. Once the User has accessed the Paid-for Content the User has commenced using the services of the Siteowner and the right to cancel and receive a refund ends.

This does not affect the User’s statutory rights under U.S. law.

Registration, Passwords and Privacy

The User does not have to register to use the Site in order to access it and enjoy the content other than the Paid-for Content. If the User wishes to access the Paid-for Content the User will be asked to provide the Siteowner with accurate, complete registration information,including contact details, and it is the User’s responsibility to update and maintain this information. The Siteowner is entitled to rely on this information to provide Paid-for Content.

The Siteowner agrees not to disclose or make available to any third party, other than those entities that are involved in the operation of the Site, any customer data relating to the Site that the Siteowner receives in the course of its performance of its obligations under this Agreement.

The User may also be requested to create a Password in a format specified by the Siteowner (“the Password”). The User shall not disclose the Password to any other person or entity and shall ensure that the Password remains confidential at all times. In the event that the User knows or has a reasonable suspicion that a third party knows the User’s Password, the User shall notify the Siteowner immediately by contacting the Siteowner at This email address is being protected from spambots. You need JavaScript enabled to view it. . If the Siteowner has reasonable grounds for believing that the User has misused or is misusing the Password, the Siteowner may require the User to change the Password or may suspend the User’s use of the access to the Site, including Paid-for Content, until such time as the Siteowner is satisfied that the security of the Site is no longer compromised by the User’s activities.

The Siteowner has the ability to contact registered Users from time to time to let them know about the Siteowner’s services which may include sending Users newsletters and news on events that they may be interested in. If Users does not wish to receive such marketing material they should write at any time to This email address is being protected from spambots. You need JavaScript enabled to view it. or check the relevant box on the Subscription Form at the time of subscribing. The Siteowner reserves the right to access and disclose individually identifiable information about registered Users (i) to comply with applicable laws and government requests, (ii) to be able to operate the systems properly or (iii) to protect the Siteowner or the Users. On revisiting the Site or in using the content, the Siteowner’s computer server may need to recognize a cookie and give the Siteowner information about the User’s use of the Site. Most browsers accept cookies automatically, but usually Users can alter the settings of their browser to prevent automatic acceptance. If the User has chosen not to receive cookies, the User may still use the Site but you may find that the Site may not function properly or is slower than when the User allows a cookie to be installed on their machine.

Limitations on Use of the Site

All content and services provided by the Siteowner belongs to the Siteowner or the content’s respective owners or is licensed to the Siteowner by licensors. The Siteowner, respective holders or its licensors own all the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. Except that, individual blog articles may be redistributed in their entirety for non-commercial purposes, without modification. In that instance, attribution is required in the form of “originally published on NorCalWine.com” with a link back to the original content.

The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. The User shall not carry out any act or omission or permit that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or its licensors or otherwise relating to the Site.

Limitation of Liability and Indemnity

The User expressly agrees that the use of and browsing of the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User shall check their local laws for any restrictions of limitations regarding the exclusion of implied warranties. While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make their own decisions on whether or not to reply on any information posted on the Site. The Siteowner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site.

No party who is involved in the workings of the Site will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for the User’s use of the Site.

From time to time the Siteowner will make available to the User links from the Site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner and the User agrees that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators.

Any arrangements made between the User and any third party named on the Siteowner’s Site are at the User’s sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.

Indemnity
The User agrees to indemnify, keep indemnified, defend and hold the Siteowner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these Terms. The Siteowner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defense of such claim.

Consequences of Breach of these Terms
In the event that the Siteowner or IDE Group considers or determines, in their complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to:

(a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct;

(b) discontinue the User’s membership of the site and/or any other related services, including Paid-for Content; and

(c) take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site.

Proper Law and Jurisdiction
This Agreement and all matters arising from it shall be governed by and construed according to the laws of California and the United States of America and shall be subject to the non-exclusive jurisdiction of the courts of California.

Entire Agreement
This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.