Terms Of Use | The Underground Tasting Room

The Underground Tasting Room - Legal Notices and Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. The Underground Tasting Room RESERVES THE RIGHT TO CHANGE THESE RULES AND REGULATIONS FROM TIME TO TIME AT ITS SOLE DISCRETION.

1. General.
This Web Site is owned and operated by The Underground Tasting Room (“Twisted Twig”). The Underground Tasting Room has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and access or use of the site.
You understand that all information (such as data files, written text, information, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, this Web Site (“Content”) are the sole responsibility of the person from which such content originated. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you searched through the site.

The Underground Tasting Room reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the site. The site may contain Content that you may find offensive, indecent or objectionable and that, in this respect, you use the site at your own risk.
If you think you may have a medical emergency, call your doctor or 911 immediately. The Underground Tasting Room does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information derived from using the site. Reliance on any such information is solely at your own risk.

1. Limited License.
The Underground Tasting Room hereby authorizes you to copy materials published by The Underground Tasting Room on this Web Site solely for non-commercial use within your organization in support of The Underground Tasting Room services. No other use of the information is authorized without the express prior written consent of The Underground Tasting Room. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Twisted Twig or any third party.

2. Access to Password Protected or Secured Areas.
Access to and use of password protected or secured areas on this Web Site is limited to authorized users only. You agree to provide accurate and current information on all registration forms on this Web Site. You are solely responsible for maintaining the confidentiality of any user name and password provided to you. You agree to not misuse to share the username or password that is issued to you by Twisted Twig, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials you are exposed to through this Web Site. If you are in violation of your obligations under the Terms of Use, you may be subject to prosecution.

3. Links to Other Sites.
While this Web Site may contain links to third party sites, The Underground Tasting Room is not responsible for the content of any linked sites. The Underground Tasting Room provides these links as a convenience and does not endorse the companies or contents of any linked sites. The Underground Tasting Room DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

You should be aware that Content presented to you on this Web Site, including but not limited to advertisements may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to The Underground Tasting Room (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Twisted Twig or by the owners of that Content, in a separate agreement.

1. Copyright.
ALL CONTENTS ON THIS WEB SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT THE PRIOR WRITTEN PERMISSION OF The Underground Tasting Room. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, TRANSFER, ALTER OR CREATE DERIVATIVE WORKS OF ANY MATERIAL, DOCUMENTATION OR DEMONSTRATIONS THAT EXISTS ON THIS WEB SITE FOR ANY PURPOSE WHATSOEVER.

1. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER TWISTED TWIG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR PRODUCT DESCRIBED ON THIS SITE.

B. THIS SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TRADE USAGE OR COURSE OF DEALING.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE OR THE CONTENT THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

D. IN NO EVENT WILL The Underground Tasting Room, OR ANY OF ITS EMPLOYEES, CONSULTANTS, DIRECTORS, AGENTS, PARTNERS OR AFFILIATES INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE.

2. Indemnification.
You agree to defend, indemnify and hold harmless The Underground Tasting Room and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of this Web Site.

3. Trademarks.
Twisted Twig is a trademark and service mark of The Underground Tasting Room All other marks that appear throughout the website belong to The Underground Tasting Room or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use, publication or copy of any of the marks appearing throughout the website without the express written consent of Twisted Twig or the owner of the mark, as appropriate, is strictly prohibited.

1. Viruses.
The Underground Tasting Room also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, source code, text, images, video, or audio from the site.

2. Miscellaneous.
These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in State court in Sacramento County or Federal court in the Northern District of California, agree that any action related to these terms of use must be brought in said state or federal court in the State of California, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Effective Date: August 20, 2007