Wine and Paint Social
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Terms of Use

Revised February 2, 2017

Important: Please read these Terms of Use carefully before accessing this website.
These Terms of Use create a legal agreement between you ("You" or "Your"), and in such case You register as a Wine and Paint Social clients according to these Terms of Use ("Client" or “Clients”), and Wine and Paint Social, LLC ("Wine and Paint Social") that governs: (1) the information made available through the website Wineandpaintsocial.com ("Information"); (2) the nature of the relationship between You, Clients, and Wine and Paint Social; (3) Wine and Paint Social’ use of Your information gathered through this website; and (4) Your use of this website, related websites, related services, related analytics data, and the Information (collectively, the " Wine and Paint Social Site"). For purposes of our Agreement, the term "website" may, at our option, include any current or future web apps, co-branded websites, and/or affiliated websites in which Wine and Paint Social currently participates or may participate in the future. By accessing any portion of the Wine and Paint Social Site or by becoming a registered Client, You are indicating that You have read and understand, and that You assent to be bound by, these Terms of Use, which may be amended from time to time by Wine and Paint Social pursuant to the terms herein. If You do not agree to any part of these Terms of Use, You are not permitted to access or use the Wine and Paint Social Site or become a Wine and Paint Social Client.

THESE TERMS OF USE REQUIRE YOU TO GRANT Wine and Paint Social CERTAIN RIGHTS AND LICENSES, PROVIDE Wine and Paint Social CERTAIN INDEMNITIES, WAIVE CERTAIN RIGHTS AND REMEDIES, AND LIMIT Wine and Paint Social LIABILITY AND OBLIGATIONS TO YOU.

YOU AGREE THAT THESE TERMS OF USE ARE SUPPORTED BY GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH YOU HEREBY ACKNOWLEDGE. SUCH CONSIDERATION INCLUDES, WITHOUT LIMITATION, YOUR USE OF THE Wine and Paint Social SITE AND THE INFORMATION AVAILABLE ON THE Wine and Paint Social SITE.

 

Wine and Paint Social Clients

By signing a contract for service with Wine and Paint Social and agreeing to pay the fees set forth in the contract you become a Wine and Paint Social Client, you are authorized to utilize the Wine and Paint Social Site, and are granted the limited license described below.

 

User ID and Passwords.

If You register a User ID and Password using the Wine and Paint Social Site, become a client, or provide certain information via the Wine and Paint Social Site, You agree to complete the registration, or other process provided by the Wine and Paint Social Site, by providing current, complete, and accurate information as requested by all forms generated by the Wine and Paint Social Site. You may not provide any false or fraudulent information to Wine and Paint Social to gain access to the Wine and Paint Social Site, register a User ID or Password, or to become a Client.
Clients are responsible for safeguarding any password that are used to access any areas of the Client Site. Client agree to avoid disclosing passwords to any third party and that only Client and Client's employees are granted access to User ID(s) and Password(s). Client agree to take sole responsibility for any activities or actions under Client’s User ID(s) and Password(s), whether or not Client has authorized such activities or actions. Client will immediately notify Wine and Paint Social of any unauthorized use of Client's User ID(s) and Password(s). You may change Your password at any time using the Wine and Paint Social Site.

 

Intellectual Property and License.

All right, title, and interest in and to all advertisements, templates, analytics data, logic, design, and software coding, content, text, images, and other materials on the Wine and Paint Social Site are either owned or licensed by us, and are protected by International copyright, trademark, and other laws and treaties. ALL RIGHTS ARE RESERVED.

Wine and Paint Social hereby grants Clients registered in accordance with these Terms of Use a nonexclusive, nontransferable, limited license to use the Wine and Paint Social Site. Clients must keep intact, and may not remove or alter, any copyright or other proprietary notices on any advertisements, templates, content, text, image, or other material provided by the Wine and Paint Social Site.

If You are not a Client, You hereby agree that You shall not: (a) republish material from the Wine and Paint Social Site; (b) sell, rent or otherwise sub-license material from the Wine and Paint Social Site; (c) reproduce, duplicate, copy or otherwise exploit material on the Wine and Paint Social Site for a commercial purpose; (d) edit or otherwise modify any material on the Wine and Paint Social Site; (e) redistribute material from the Wine and Paint Social Site; or (f) copy or modify the HTML or other software code provided by the Wine and Paint Social Site.

 

No Unlawful or Prohibited Use.

As a condition of Your use of the Wine and Paint Social Site, or becoming a registered Client, You warrant that You will comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the Wine and Paint Social Site and any related activities. Specifically, it is Client's responsibility to abide by the Fair Housing Act. The Federal Fair Housing Act makes it is illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination".

In addition, You warrant that You will not use the Wine and Paint Social Site in any way prohibited by these Terms of Use. If You do not comply with all applicable laws, statutes, ordinances, and regulations, or violate any of these Terms of Use (in Wine and Paint Social’ discretion), Your permission to use the Wine and Paint Social Site will automatically terminate. Wine and Paint Social reserves the right to revoke Your access to and use of the Wine and Paint Social Site at any time, with or without cause.

 

Limitation on Liability.

Neither Wine and Paint Social, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Wine and Paint Social Site, or damages from the use of or reliance on the information present on the Wine and Paint Social Site, even if Wine and Paint Social has been advised of the possibility of such damages.

Clients warrant and agree that: (i) Client has a valid contract agreement with the owner of the property provided by Wine and Paint Social for events; (ii) Wine and Paint Social generated advertisements shall contain valid property address including street address, city and state; (iii) Wine and Paint Social generated advertisements shall contain valid contact information of the listing agent, property manager, or landlord, including company name, address and phone number or email; (iv) Clients either own or have acquired all necessary rights in the trademarks, logos, brand name, and other intellectual property works that appear in Wine and Paint Social generated advertisements; (v) Clients are and will remain duly licensed in good standing in the state in which its principal office is located; and (vi) Clients agree to terminate the Wine and Paint Social account should they cease to be licensed to conduct real estate brokerage activities and in good standing.

Client agrees that all content posted to the Wine and Paint Social Site is Client’s sole responsibility. Client agrees that Wine and Paint Social will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content Clients information to the Wine and Paint Social Site ("Content"). You agree to evaluate and bear all risks associated with the information you provide or use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Some Content you provide on the Wine and Paint Social Site is not edited by Wine and Paint Social or its clients and, as such, cannot be so attributed.

 

Modification of the Wine and Paint Social Site.

Wine and Paint Social (and/or its suppliers) reserves the right in its sole discretion to improve, modify, or remove any information or content appearing on the Wine and Paint Social Site. Wine and Paint Social may discontinue or revise any or all aspects of the Wine and Paint Social Site in its sole discretion and without prior notice. Without limiting the foregoing, Wine and Paint Social reserves the right to change the terms, conditions, and notices under which this Wine and Paint Social Site are offered at any time. Unless otherwise provided in our Contract Agreement, all amended terms automatically take effect upon either: 1) Your using the Wine and Paint Social Site, 2) initial registration for new clients, or 3) immediately after they are posted on the Wine and Paint Social Site for existing Clients. It is Your and Clients responsibility to check terms and conditions of these Terms of Use at the time of each use.

 

Privacy.

We view the protection of users' privacy as a very important principle and will only use Your information as described in the Privacy Policy located at http://www.wineandpaintsocial.com/US/privacy-policy.cfm. We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent, and we use Your information only as described in the Privacy Policy. We store and process Your information on computers located in the United States that are protected by physical as well as technological security devices. If You object to Your information being transferred or used in this way, please do not use our services or register as a Client.

 

Release.

Because Wine and Paint Social provides advertising for a variety of Clients and users (who may or may not be registered Clients), in the event that You have a dispute with one or more Wine and Paint Social Site users, You release Wine and Paint Social, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If You are a California resident, You waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Services Not Provided.

Wine and Paint Social is not part of any real estate company and does not provide real estate services. Information provided by the Wine and Paint Social Site is not intended to be and does not constitute real estate advice or services, the practice of law, tax advice or services, investment or financial advice or services, or accounting advice or services. Because the Wine and Paint Social Site is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from Your real estate agent, insurance provider, legal counsel, accountant, financial advisor, or tax consultant qualified in the applicable subject matter and jurisdictions.
Indemnity.

You and clients hereby agree to indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of Your or Client's use of the Wine and Paint Social Site, breach of this Agreement, or violation of any law or the rights of a third party, or incurred by us as a result of default under this Agreement.

 

Default and Remedies.

Without limiting any other provision in this Agreement, in the event Clients default under this Agreement, including without limitation, by failing to pay us the specified fees when due, we have the right to terminate the contract and service.

 

Resolution of Disputes.

If a dispute arises between You or Clients and Wine and Paint Social, our goal is to provide You or Clients with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You, Clients and Wine and Paint Social agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as Wine and Paint Social and You or Clients otherwise agree in writing. Before resorting to these alternatives, we strongly encourage You and Clients to first contact us directly to seek a resolution by contacting us at info@wineandpaintapartments.com or call us at 619-832-1278. Wine and Paint Social will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions. You and Clients agree that any Claim or dispute You or Clients may have against Wine and Paint Social must be resolved by a court located in San Diego, California, except as otherwise selected by Wine and Paint Social as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Diego, California, for the purpose of litigating all such Claims or disputes.

Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief), Wine and Paint Social may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event Wine and Paint Social elects arbitration, Wine and Paint Social shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims. All Claims You or Clients bring against Wine and Paint Social must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should You or Clients file a Claim contrary to the Resolution of Disputes Section, Wine and Paint Social may recover attorneys' fees and costs, provided that Wine and Paint Social has notified You in writing of the improperly filed Claim, and You have failed to promptly withdraw the Claim.

 

Notices.

Except as explicitly stated otherwise, notices should be sent to:
Wine and Paint Social
302 Washington St., Suite 804
San Diego, CA 92103
and notices to Clients will be sent to the email address You provide to Wine and Paint Social during the registration process. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.

 

General.

By using the Wine and Paint Social Site and agreeing to the Terms of Use, You are also agreeing to abide by our Privacy Policy located at http://www.wineandpaintsocial.com/US/privacy-policy.cfm, and all other agreements and policies posted on the Wine and Paint Social Site. Wine and Paint Social reserves the right to refuse service to anyone and to terminate a Contracts at any time. In its sole discretion, Wine and Paint Social may assign the Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement 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 the agreement shall continue in effect. Wine and Paint Social may rely on Your electronic signature to create a binding valid agreement and/or Contract. From time to time Wine and Paint Social may send facsimiles or emails regarding its products and services, or may call customers regarding Wine and Paint Social’ products and services, and You and Clients hereby expressly consent to receiving such emails, facsimiles and telephone calls. See Privacy Policy for more information. The following Sections survive any termination of the Agreement: Release, Limitation on Liability, Indemnity, Resolution of Disputes, and Default and Remedies.