Effective December 1, 2013
1. Restrictions on the use of our information: All of the information related to Savor Healdsburg Food Tours and savorheadlsburgfoodtours.com is copyrighted, intellectual property. This includes all content, photographs, images, illustrations, audio and video clips, html, source and object code, trademarks, logos, and the like (collectively, the “Content”) is owned by the Company, and/or the Company’s affiliated entities, licensors and or/suppliers. You may use Content online only, and solely for your personal, non-commercial use. If you operate a website and wish to link to the Site, you may do so only with the Company’s express written consent, provided you agree to immediately cease such link upon request from the Site. No other use is permitted without prior written permission of the Site. The permitted use described in this paragraph is contingent on your compliance at all times with this Agreement.
You may not, without prior written approval of the Company, republish any portion of the Content from our Site on any Internet, Intranet, or extranet site or reproduce, sell, publish, scrape, or otherwise copy our Content without our express written consent.You may not in no way utilize our materials or download to a data base, server, or similar device for commercial use. You agree not to decompile, reverse engineer or dissemble any software or other products or processes accessible through the Site, nor insert code or product or manipulate the content of the Site in any way that affects the user’s experience, and not use any data mining, data gathering or extraction methods on the Site.
This statement is in force, even with the termination of this agreement. The Company has exclusive ownership and rights to your submissions, and can utilize them in any appropriate way, without payment or compensation. You, as the submitter, are responsible for the integrity, legality, reliability, and copyright of your submission.
3. Transactions and e-commerce on the Site: During your visit to the Site you may elect to engage in a transaction involving the purchase of a produce or a service. To serve you most efficiently, credit card transactions and order fulfillment may be handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or off the Internet (offline). If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. The Company and the Site cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
On a rare occasion, a product or service may not be available at the time or price as it appears or is promoted. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, or error in pricing or product information received for our advertisers or suppliers, you agree that the Company and the Site are not responsible for such errors or discrepancies.
4. Communications with Third Parties through the Site/External Links: Although you will find links to other web sites from the Site, these should not be construed as approval of that site or the content, information or resources contained within. For example, certain areas of the Site may allow you to conduct transactions or purchase goods or services. In certain cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will the Company or the Site be liable for any goods, services, resources or content available through these external, third-party sties or for any harm related thereto. Carefully review the URL in the address bar to confirm what site you are visiting. Also review all policies and practices of third party partners before you engage in any transactions. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
Approved links cannot represent an endorsement, support, or similar relationship with the Company or any of the sites, our employees, agents, and managers.
5. General Disclaimer and Liability Limitations: While the Company and the Site use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. The Company and the Site do not represent or warrant that use of any Content will not inadvertently infringe rights of third parties. The Company and the Site have no responsibility for actions of third parties or for content provided or posted by others.
USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR THE SITE, NOR ANY PRESENT OR FUTURE EMPLOYEES, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WRRANTY OF ANY KIND REGARDING THE STIE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAIABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIIED WARRANTIES INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGMENT, AND WRRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, ARE SPECIFICALLY CISCLAIMED. THE COMPANY, THE SITE AND THE AFFILIATES OF THE FOREGOING ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT YOUR COMPUTER EQIIPMENT OR OTHER PROPERTY.
IN NO EVENT SHALL THE COMPANY OR THE SITE, INCLUDING THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS, BE BLIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OF THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY F SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY, THE SITE OR THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LIICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
6. Indemnity: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE COMPANY AND THE SITE, AND EACH OF THEIR AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEY’S FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE SITE; (2) THE COMPANY OR THE SITE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; (4) YOUR PARTICIPATION IN ANY OF THE FOOD AND CULTURAL WALKING TOURS OR EVENTS OFFERED THROUGH THE SITE; AND (5) ANY VIOLATION OF THIS AGREEMENT BY YOU.
7. Waiver and Release of Claims Walking Tours. By virtue of purchasing tickets for and/or participating in the food tasting and cultural walking tours offered by the Company, and in consideration of being allowed to purchase said tickets and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you understand, acknowledge, represent, warrant and agree as follows, with the knowledge that the Company will rely on same:
A. You desire to participate in the walking food tasting tours offered by the Company (the “Tours”)
B. You are in good health and suffer from no minor or serious physical or mental injury, illness or disability that would make you especially susceptible to injury or disability while performing any activity contemplated by this Agreement (including, without limitation, this Section 9);
C. You fully comprehend and accept all of the risks associated with your participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries, (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians, and the like) and death.
D. You grant to Company and Company assigns the irrevocable, sub-licensable right and authority to use your name, likeness, photograph and/or picture for any and all commercial or non commercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to you;
E. RELEASE OF LIABILITY: GUEST’S PARTICIPATION IN THE EVENTS IS AT GUEST’S OWN SOLE RISK. GUEST, ON BEHALF OR HIM/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF GUEST, HEREBY FOREVER AND UNCONDITIONALLY RELEASES THE COMPANY, ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, SHAREHOLDERS, AND DIRECTORS OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, TAMMY GASS AND ZERVE INC.), (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, DAMAGES, ACTIONS, LIABILITIES, LOSSES, COSTS AND EXPENSES IN ANY WAY ARISING OUT OF, OR RESULTING FROM, GUEST’S PARTICIPATION IN THE EVENTS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR DEATH, INJURY, LOSS OR DAMAGE TO GUEST, TO ANY ONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE COMPANY OR ANY OF THE RELEASED PARTIES. GUEST, ON BEHALF OF HIM/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF GUEST, FURTHER AGREES TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) AND LOSSES OF NY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESULTING FROM, GUEST’S PARTICIPATION IN THE EVENTS.
F. This section is in addition to, and not a limitation of the other terms and conditions of this agreement.
8. International Users: This site is controlled, operated and administered within the United States. The Company and the Site make no representation that materials, or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
9. Adult and Youth Tickets: Please note that our Adult Tour Ticket may include alcohol tastings. Should any of the participants redeeming the gift certificates be younger than 21 years of age, they will not be served alcohol. No cash or refund of any kind will be provided if Adult Tour Tickets are redeemed for participants under 21 years of age, or any participant who is not served alcohol. Savor Healdsburg Food Tours, its employees, and any of its affiliates reserve the right to inspect identification for proof of legal age, and reserve the right to refuse alcohol to anyone for any reason.
10. Gift Certificates: Gift Certificates are only valid at Savor Healdsburg Food Tours and have no cash redemption value, are not transferable, and cannot be used to pay for other gift certificates. Gift certificates are only good for a single transaction; any remaining amount is not exchangeable with cash or another voucher and will be automatically forfeited. Any additional cost exceeding the value of a gift certificate will be paid by the redeemer. Gift certificates must be redeemed according to the instructions on the gift certificate, and will not be accepted on a “walk-up” basis.
11. Miscellaneous: The Company and the Site reserve the right to change this Agreement at any time in its sole discretion and to notify users of any such changes solely by posting such changes. Your continued use of the Site after the posting of any amended agreement shall constitute your agreement to be bound by any such changes. The Company and the Site may deny access to any person or user at any time for any reason. In addition, the Company and the Site may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company, the Site or any of their assets.
This Agreement shall be governed by and construed in accordance with the laws of the State of California as applied to agreements entered into and to be fully performed within the State, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Company or the Site (including, without limitation, related to your participation in any tours or events) must be filed in a federal or state court located in Sonoma County, California within 180 days of the time in which the events giving rise to such clai occurred, or you agree to unconditionally waive such claim. You agree no such claim may be brought as a class action. For any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of the Company or the Site to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted the Site, and all other provisions for which survival is equitable or appropriate.
To contact the Company: Send email to firstname.lastname@example.org.