Home /Terms of Use

Terms of Use

By using the FWC website you agree to be bound by the following terms and conditions ("Terms of Use"). This agreement is personal to you; it cannot be assigned or transferred. If any provision of this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

1. Your Acceptance

By using and/or visiting any of the FWC Websites you signify your agreement to:

  • I. These terms and conditions (the "Terms of Use"); and
  • II. The FWC Association privacy policy, which is incorporated here by reference.

If you do not agree to any of these terms, or the privacy policy, please do not use these Websites. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Websites

These Terms of Use apply to all users of the Website, including users who are contributors of content and other materials or services on the Website. The term Website shall be understood to include all aspects and services of the FWC website, including but not limited to all products, software and services offered via any website such as the blogs, groups, clubs, directories, discussion boards, messaging, social and professional networking, photo and video uploading, commenting, mailing lists, and other applications.

The Website electronically publishes news and information that may include facts, views, opinions and recommendations of individuals and organizations deemed of interest to members. The association does not review, monitor, verify or guarantee the accuracy, completeness or timeliness of or otherwise endorse information provided by any organization or individual, give advice or advocate the purchase or sale of any product or service not directly offered by FWC.

The Website may include unmoderated forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. The text and other materials on these Websites are the opinion of the specific author and are not statements of advice, opinion, or information of FWC.

The Websites may contain links to third-party websites that are not owned by, affiliated with or controlled by FWC. FWC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites not directly affiliated with FWC. In addition, the Websites will not and cannot censor or edit the content of any non-affiliated third-party site. By using the Websites, you expressly release FWC from any and all liability arising from your use of any third-party website.

3. Your Account

In order to access some features of the Website, you will have to create a members account. By creating an account you agree to these Terms of Use and thereby agree to use of the Website in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined here. Please note that you will be referred to as "User" from time to time in this Agreement. You may never use another's account. Your User account may not be shared, transferred, or sold to other parties. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify FWC immediately of any breach of security or unauthorized use of your account. Although the FWC Association will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FWC or others due to such unauthorized use.

ADDITIONAL USER RESTRICTIONS

Users of the Websites who sign up for "Members User Accounts" acknowledge that they are members or users of FWC. Users will also be granted access to the Websites, but if they leave FWC without meeting the above requirements for becoming an alum, their access may be revoked by FWC.  If you are under 18, you may purchase products or services or register for an event only through a parent or guardian. If you are under 13, you may not create an account on the Websites or access features that require you to have an account.

Each of the Websites reserves the rights to define its members body at its own discretion.

4. Rules for Online Conduct

You agree to use the Websites in accordance with all applicable laws. Because FWC is a nonprofit, tax-exempt organization, you agree that you will not use the Websites for organized partisan political activities or commercial purposes. You further agree that you will use all of the services or information provided on the Websites in accordance with the rules of conduct set forth below. This includes interactions with other users by email, web post, postal mail, or phone.

Prohibited conduct:

  • Posting content that defames or threatens others
  • Posting statements that are bigoted, hateful or racially offensive
  • Posting content that infringes another's intellectual property, including, but not limited to, copyrights, trademarks or trade secrets. When quoting copyrighted material, please adhere to the Electronic Frontier Foundation's guidelines
  • Posting material that contains obscene language or images
  • Advertising or any form of commercial solicitation

Statements or postings which violate the above terms will be deleted from the Website upon discovery. Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Website without the express permission of the owner of the copyright of the material, or other legal entitlement to use the material. Any person posting material protected by copyright for the benefit of any third-party represents and warrants consent or permission has been obtained to post such materials. Although FWC does not screen or monitor content posted by users to the Website, FWC reserves the right to remove content that violates the above rules of which it becomes aware.

You may not attempt to use or distribute tools designed for compromising security or take any action to compromise the security of this site. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools. You may not "flood" or disrupt the Websites through any means or process.

You agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Websites.

5. Online Communication Services

Communication services provided through the Websites, such as the Members Directory, online members communities, discussion boards, blogs, messaging, social and professional networking and other services in the future, are a part of the Websites designed for communication between members Users. FWC will not monitor these communications, but reserves the right to take action against any User who defames or harasses another User through any of the services offered through the Websites, if it comes to FWC's attention.

6. Disclaimer of Warranty / Limitation of Liability

FWC does not warrant that the Websites will operate in an uninterrupted or error-free manner or that the Websites are free of viruses or other harmful components. Use of information obtained from or through these Websites is at your own risk.

YOU AGREE THAT FWC WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE WEBSITES, OR TO YOUR PLACEMENT OF CONTENT ON THE WEBSITES, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITES, OR YOUR INVOLVEMENT WITH ANY ONLINE MEMBERS COMMUNITY. IN PARTICULAR, FWC WILL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, MISUSE OF EMAIL OR OTHER SERVICES, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF OR INABILITY TO USE A WEBSITE, OR ANY PURCHASES ON THE WEBSITES, OR YOUR PLACEMENT OF CONTENT ON A WEBSITE, OR YOUR INVOLVEMENT WITH AN ONLINE MEMBERS COMMUNITY OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

FWC makes no representation regarding your ability to transmit and receive information from or through the Website and you agree and acknowledge that your ability to access the Website may be impaired. FWC disclaims any and all liability resulting from or related to such events.

7. Choice of Law/Forum Selection

You agree that any dispute arising out of or relating to these Terms of Use or any content posted to a Website, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Sacramento County, California, as the legal forum for any such dispute.

8. Notice

FWC may, in its sole discretion, modify or revise these Terms of Use and policies at any time. Notice of any such change or addition will be made within approved interfaces to the Website and/or by email. By using the Website after any change or addition is announced, you agree to be bound by all such changes or additions.

If you become aware of any unauthorized use of your FWC User account, you agree to notify FWC by email at paul@familywinemakers.org .

 

11. Termination of Service

User may terminate this Agreement by cancelling his or her account. To do this the user must contact FWC through phone or mail as listed above.

FWC may terminate your account or access rights to the Websites at any time, without notice, for conduct that FWC believes violates this Agreement or other policies or guidelines that FWC has posted. FWC may terminate your account or your access rights to the Websites for online conduct that FWC believes is harmful to other Users, to FWC's business, or to other information providers.

12. Trademarks

The logo, name and all graphics on the Websites or their affiliates are trademarks of FWC or its affiliates. Use, reproduction, copying or redistribution of trademarks without the written permission of FWC or its affiliates is prohibited. All other trademarks or service marks appearing on the Websites are the marks of their respective owners.

13. Indemnification

You agree to defend, indemnify and hold FWC, its trustees, officers, employees and agents harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the Websites or your placement of any content onto the Websites, and to fully cooperate in FWC's defense against any such claims.

14. Copyright License & Complaints

Owner of posted materials grants FWC a non-exclusive, royalty-free, perpetual license to reproduce and distribute any content posted on the Websites.

FWC respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyright has been violated on the Websites, please provide the following information to the contact information listed under the notice section of this document .

  • The name, address, and physical or electronic signature of the complaining party
  • Identification of the infringing materials and their Internet location, or if the service provider is an "information location tool" such as a search engine, the reference or link to the infringing materials
  • Sufficient information to identify the copyrighted works
  • A statement by the copyright holder of a good faith belief that there is no legal basis for the use complained of
  • A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the copyright holder