Last updated: April 4, 2018
Terms of Service (“Terms”)
Thank you for choosing to use Denise Gardner Winemaking for your educational winemaking needs.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.denisegardnerwinemaking.com (“www.dgwinemaking.com/winemakers”) website and webinar applications (the “Service”) operated by Denise Gardner Winemaking (“DG Winemaking,” “we,” “us,” “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Introductions and Authority
All DG Winemaking website visitors, users, members, and webinar registrants are independent contractors with respect to DG Winemaking, and DG Winemaking shall be an independent contractor at all times with respect to you. Nothing contained in this Agreement, or through a purchase, is intended to create the relationship of employer and employee between parties. Neither of the parties, or any of their respective employees or agents shall be construed to be the partner, co-venture or employee of the other.
Simplified Version: We welcome all visitors to DG Winemaking and hope that it will be a valuable resource to your winery or business. However, DG Winemaking is not your employee and you are not an employee of DG Winemaking.
You understand and acknowledge that the consultation services provided by DG Winemaking provides advice and information for you and it is the sole discretion of you to implement and/or use the advice or information. DG Winemaking has neither the authority to make decisions for you nor control over any implementation and/or use of the advice and information.
REGULATORY REQUIREMENTS. You (and any employees operating under your/your business’s supervision) shall be solely responsible for their own compliance with federal, state, and local laws.
Simplified Version: DG Winemaking is here to help educate and provide advice for your winery. However, DG Winemaking is not liable for decisions you make to your operation. Additionally, you are responsible for your operations’ compliance with laws at all levels.
We reserve the right to regularly and consistently edit/alter information without prior notice. The website, webinar presentations, and the Service components are offered for informational purposes only.
At no time is any of the information provided through the Service intended as legal advice.
Though we work hard to provide you with reliable information, this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site. Additionally, the website, webinars, and components shall not be responsible or liable for any error or omissions in that information.
Simplified Version: At DG Winemaking, we try our best to create and deliver reliable content and information. However, winemaking trends change, science progresses, and sometimes errors get made in translation. If we find something that needs updated or is no longer accurate we will change it and do our best to communicate these changes to you.
Furthermore, at no time are we providing legal advice through any of our content and information.
You agree to not disclose, divulge, reveal, report or use, for any purpose any Confidential Information including methodology or proprietary practices used by DG Winemaking which you have obtained through the Service, except as authorized by DG Winemaking or as required by law. If there is something you wish to pass along to another potential individual/company of interest, please ask us for permission.
Simplified Version: We want to respect the individuals that our paying for our consulting service packages. Please do not share DG Winemaking content, information, or methodology without asking permission first.
Ownership of Material
MATERIALS PROVIDED. DG Winemaking shall provide printed or written material with respect to DG Winemaking services offered. You shall make no oral or written alteration, modification or waiver of any of the terms or conditions applicable to that service without the expressed written consent of DG Winemaking.
OWNERSHIP OF MATERIAL. You agree that all printed and viewed (e.g., webinar presentations) matter, marketing literature, and other written or oral material furnished by DG Winemaking shall remain the property of DG Winemaking. You may retain a copy of materials provided in the course of services but will not have the authority to distribute said materials to any third party for any reason other than a court order.
You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual elements or concepts without the expressed written consent of DG Winemaking.
Simplified Version: DG Winemaking owns our material. Please do not copy it in any way. We appreciate it.
Links to Other Web Sites
We reserve the right to promote third-party content. While DG Winemaking is not paid to promote or advertise third-party content or products, we take our reputation very seriously. We only endorse products, services, and content that we believe in.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Denise Gardner Winemaking.
Denise Gardner Winemaking has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Denise Gardner Winemaking shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Simplified Version: DG Winemaking will use third-party suppliers and/or content periodically as educational examples. Occasionally, we may also recommend third-party suppliers and/or content. We feel this helps create a better working community for your winery. Most of the time, we are acknowledging these third-party companies because we had an awesome experience with them in some way. However, we are not responsible in the event that you do not have the same experience.
You are responsible for payment of the Service.
We may terminate access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement shall survive termination.
In the event that you cannot attend a scheduled and paid event/webinar registration, and wish to terminate your registration, we will fully refund your webinar purchase up until the day before the scheduled webinar. Failure to attend a webinar does not warrant a refund.
Simplified Version: DG Winemaking is intended to be a positive resource and community for those individuals that work in the alcohol industry. If you are rude or inappropriate in any way, we will have to let you go from our community.
For scheduled events, such as webinars, we understand that “things happen” so if you contact us with at least a day before a scheduled and registered event, we’ll refund you your registration fee.
If you have any dispute with DG Winemaking, please try contacting us first. In exchange, DG Winemaking will try to reach you in the event of a dispute.
Any controversy involving the construction or application of any of the terms, provisions, or conditions of this Agreement, shall on written request of either party served on the other, be submitted first to mediation and then if still unresolved to binding arbitration. Said mediation or binding arbitration shall comply with and be governed by the provisions of the American Arbitration Association unless the parties stipulate otherwise.
The parties shall each appoint one person to hear and determine the dispute and the two persons so chosen shall select a third impartial mediator/arbitrator whose decision shall be final and conclusive upon both parties. The attorneys’ fees and costs of mediation and/or arbitration shall be borne by the unsuccessful party, unless the parties stipulate otherwise, or in such proportions as the mediator or arbitrator shall decide.
COUNSEL FEES AND COSTS. Each Party agrees to pay their own counsel fees and costs in connection with the negotiations of this Agreement, and for any future legal proceeding concerning the enforcement of this Agreement. In the event that there is a default of any term of this Agreement and the non-defaulting party elects to file a petition for enforcement with the Court, the breaching party shall reimburse the non-defaulting party for reasonable counsel fees, costs and expenses incurred by the other Party in any action or proceeding to compel the performance under the Agreement, whether performance is ultimately achieved by litigation or by amicable resolution.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without reference to conflict of laws principles. Venue on any mediation, arbitration, or action arising out of this Agreement shall be proper only in the Commonwealth of Pennsylvania.
Simplified Version: We hope that we will have a mutual working relationship. But in case a dispute should happen, we ask that you reach us first to try to amend the situation. In exchange, we will do the same for you. If the dispute must go forward, we will progress with mediation in the state of Pennsylvania.
DG Winemaking reserves the right to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. To ensure that you are kept informed of changes, check this document periodically as we will update the date at the top of the document any time we make a material change. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
Simplified Version: As DG Winemaking grows and changes, we may periodically update our Terms of Service. We’ll update the date on our Terms when this happens.
If you have any questions about these Terms, please contact us at [email protected].