Oenomad Inc. (“us”, “we”, or “Company”) is committed to respecting the privacy rights of its customers, visitors, and other users (“you”) of the Company Website and Mobile Application (“Site”). We created this Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. We have developed a Privacy Policy to assure you that the information collected about you is only what is needed for conducting business and offering products and services that might be of interest to you. This Privacy Policy is only applicable to the Site, and not to any other websites or mobile applications that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.
Our Privacy Policy is designed to advise you about how we collect, use, and protect the information you provide. By visiting this site, you accept the practices described in this Privacy Policy and the collection and use of your personal information as described herein.
We receive and store any information you enter on our Site or give us in any other way, which includes:
We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of devices accessing the Site; (4) types of web browsers used to access the Site; (5) referring and exit pages; (6) platform types; (7) time and date of access; and (8) content viewed, pages visited, number of ‘clicks’ or other session records (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site.
In order for you to access certain premium services that we offer via the Site, we may require you to provide us with certain information that personally identifies you (“Personal Information”).
i. Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); and (2) Demographic Data (such as your zip code and age)
ii. We may collect identifying information about you as provided by you, including but not limited to: product preferences, income, behavior, etc. This information may at any time be used in conjunction with a 3rd party and will only be provided with your permission. We may also ask you for information relating to your winery visit, preferences and recommendations.
iii. Personal Information may reference you or another person or entity, for example, if you send content specific information to or about that other person or entity through our Site. You should obtain the consent of other individuals prior to providing their personal information to us. We are not liable for your disclosures of a non-user’s personal information on our Site.
iv. If you communicate with us by e-mail, post reviews or comments, any information provided in such communication may be collected as Personal Information.
When you use our Site on a computer, mobile phone or tablet device (“Device”), we may collect information about your location, if you have instructed your Device to send such information to the Site, via the privacy settings on that Device, or if you have uploaded photos tagged with location information. We may use the location information collected from your Device or photos to enhance your use of the Site. If you have any queries about the privacy settings of your Device, we suggest you contact the manufacturer of your Device or your mobile service provider for help.
We also use “cookies” to customize content specific to your interests and location. We use cookies to store visitors’ preferences, record session and user-specific information, such as web pages that are accessed, alert visitors to new areas that might be of interest upon returning to our Site, customize web page content based on visitors’ browser type or other information that the visitor sends. Specifically, cookies help us:
i. Recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our site. We also may record your password in a cookie. Please note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes.
ii. Customize the content, website experience, and advertisements provided to you on our websites and on other websites across the Internet. For example, when you access a web page, a cookie may be automatically set by us, our service providers, or our partners to recognize your browser as you navigate on the Internet and to present you with information and advertising based on your apparent interests.
iii. Measure and research the effectiveness of website features and offerings, advertisements, and e-mail communications (by determining which e-mails you open and act upon).
iv. Please note that if you do not accept cookies from us, you will not be able to access key portions of our Site.
We may also allow third parties to collect information about your online activities through cookies and other technologies. These third parties may include (1) business partners, who collect information when you view or interact with one of their advertisements on our sites, and (2) advertising networks that collect information about your interests when you view or interact with one of the advertisements they place on various websites on the Internet. The information gathered by these third parties is used to make predictions about your characteristics, interests or preferences and to display advertisements on our sites and across the internet tailored to your apparent interests. Please note that we do not have access to or control over cookies or other technologies these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy. California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at info@oenomad.com
Those entities that provide services or functions on our behalf, including business analytics, customer service, marketing and fraud prevention. We may also authorize third-party vendors to collect information on our behalf to operate features of our site or to facilitate the delivery of online advertising tailored to your interests. Third party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.
We may use, partner or refer entities that offer products or services. You can tell when a third party is involved in a product or service you have requested because their name will appear, either separately or with ours relative to an offering. If you choose to access these optional services, we may share information with those partners about you, including your personal information. Please note that we do not control the privacy practices of these third-party business partners.
If you were referred to us from another website, we may share personal information such as your name and/or email address with that referring website if required.
You can choose to access certain third party social media websites and services through our site (such as Facebook). When you do so, you are sharing information with those sites, and the information you share will be governed by their privacy policies. We encourage you to modify your privacy settings with these third party social media websites, directly, or through your device settings, as appropriate.
If you choose to create a profile on our Site, certain information in your profile will be publicly viewable and identifiable via your screen name.
We use the information we collect for (1) registration and account management, which includes facilitating access and troubleshooting; (2) communication with you, which includes responding to your questions or comments and to solicit your input through surveys; (3) publication of your reviews, ratings, pictures, and other content to our community; (4) measuring interest and improving our service and Site. We use Contact Data to send you information about our company or our products or services, or promotional material from some of our partners, or to contact you when necessary. We may use your Demographic Data to customize and tailor your experience on the Site; displaying content that we think might interest you according to your preferences.
We reserve the right to share certain categories of information we collect from you in the ways described in this Privacy Policy. We may share Demographic Data with advertisers, investors and other third parties on an aggregate (i.e.,non-personally-identifiable) basis. We may share Contact Data with other companies who may want to send you information about their products or services and promotions, unless you have specifically requested that we not share Contact Data with such companies.
i. We are committed to providing you with relevant content and information across our Site and affiliated sites. To do this, we may collect information about your winery-related searches, such as the location where you are searching for wineries, and use this information to serve you with ads on our sites or elsewhere online that match your apparent interests.
ii. Your personal information may be shared publicly and with other members of our Site if you choose to participate in certain key features of our Site, such as winery reviews and ratings or photo uploads
iii. If you do not want us to share your Contact Data with any third parties, please email us at info@oenomad.com but please understand that such a request will likely limit your ability to take advantage of all of the features and services we offer on our Site.
iv. If you decide to share personal information with us, please see the section on your ability to access, update and correct your personal information in SECTION 8, below.
You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site; however you will not be able to access and use those portions of the Site that require your Personal Information via a user login.
d. If you do not wish to receive information and promotional material from us or from some of our partners, you may select the appropriate “opt-out” option each time we ask you. You will also be given the opportunity to ‘unsubscribe’ from promotional e-mail messages that we may send you. Please note that we reserve the right to send you other communications that do not involve promotions, including service announcements, administrative messages, surveys relating to your account, without offering you the opportunity to ‘opt out’.
e. You may close your account with us by contacting us at info@oenomad.com. We will send you an e-mail to confirm your request to close your account. You may open a new account at any time, but note that we may retain certain information associated with your account in our archives.
The privacy and protection of your information is important to us. We do not make any personal information available to third parties without your permission.
a. Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process, such as in response to subpoenas or court orders; (b) protect our rights, or property, or our users’ rights, property or safety, to include circumstances when we believe it is necessary to investigate, prevent or take action regarding illegal or suspected illegal activities; (c) enforce our Terms of Service; or (d) in connection with a corporate transaction, such as divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. In such circumstances, we reserve the right to raise or waive any legal objection or right available to use. Your Personal Information is stored on secure servers that are not accessible by third parties.
b. Your access to some services and content is password protected. We advise that you do not disclose your password to anyone. In addition, we recommend you sign out of password-protected services at the end of your session.
We take reasonable steps to ensure that your information is relevant to its intended use, accurate and complete. As a registered user, you may visit your personal profile at www.oenomad.com
If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States might not be as comprehensive as those in your country or other countries where information may be circulated. We take steps pursuant to laws in the United States to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.
You must promptly notify us if your, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that, user name, or password from your account and update our records accordingly.
The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also make review entries available to you. Please understand that any information that is disclosed in these and/or other communicative areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
This policy is effective January 1, 2017. We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. You should check this page periodically for changes. Your continued use of our Site following the posting of changes to this Privacy Policy indicates your consent to those changes.
Should you have any questions or concerns about our Privacy Policy, please e-mail us at info@oenomad.com.
Welcome to Oenomad! By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review them; if you do not agree to these Terms and Conditions, you should not use this site. The terms “we”, “us” and “our” refer to Oenomad Inc., a Delaware Corporation. The term “you” refers to the user visiting our website and/or contributing content on this website.
This Agreement (the “Agreement”) specifies the Terms and Conditions for user access to and use of Oenomad.com and the Oenomad mobile app(s), (collectively, the “Site”). We may modify this Agreement at any time by posting a modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time by returning to this page. Your use shall constitute and be deemed your unconditional acceptance of this Agreement.
Your visit to our site is also governed by our Privacy Policy.
All content on the Site, including, without limitation, the look and feel of the Site, page headers, custom graphics, button icons, scripts, logos, trademark and/or trade dress is and shall continue to be the property of Oenomad Inc. or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
This Site is intended for adults only. This Site is not intended for anyone under the age of 21. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, violation of this Agreement.
The Oenomad Inc. logo and its copyrighted material may not be duplicated, used or represented in any way without our express written permission.
Oenomad Inc. grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Oenomad Inc. and Oenomad Inc. may terminate your use of this Site at any time.
a. REVIEWS, COMMENTS AND USE OF INTERACTIONS We appreciate hearing from you. Please be aware that by submitting data to Oenomad Inc. by electronic mail, postings on the Site or otherwise, including any winery reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Content”), you grant Oenomad Inc. and its affiliates and partners a nonexclusive, worldwide, royalty-free, perpetual, transferable, irrevocable and right to (a) use, reproduce, display, archive, publish, sublicense, sell, translate, modify, adapt, distribute, publish, create derivative works from and publicly display and utilize such Content throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Content. You acknowledge that Oenomad Inc. may choose to provide attribution of your comments or reviews at our discretion. You acknowledge and agree that any such Content is non-confidential and non-proprietary, and hereby waive any rights you have to your Content.
b. The Site may contain discussion forums, member-to-member communication programs, bulletin boards, review services or other forums (collectively, “Interactions”) in which you or third parties may post reviews of winery experiences or other content such as images, videos, messages, or other digital materials on the Site. If Oenomad Inc. provides such Interactions, you are solely responsible for your use of such Interactions and should use them at your own risk. By using any Interactions, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
i. Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
ii. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
iii. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
iv. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Oenomad Inc.;
v. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
vi. Private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
vii. Viruses, corrupted data or other harmful, disruptive or destructive files;
viii. Content that is unrelated to the topic of the Interaction(s) in which such Content is posted; or
ix. Content or links to content that, in the sole judgment of Oenomad Inc. (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactions or the Site, or (d) which may expose Oenomad Inc. or its affiliates or its users to any harm or liability of any type.
c. Any use of the Interactions or other portions of the Site in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactions and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Oenomad, Inc.’s systems and customers, or to ensure the integrity and operation of Oenomad Inc.’s business and systems, Oenomad Inc. may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Oenomad Inc.’s right to disclose any such information shall take precedence over any terms in Oenomad Inc.’s Privacy Policy.
Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. Oenomad Inc. urges passengers to check weather conditions and roadways in order to avoid dangerous conditions while navigating.BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR DESTINATIONS, OENOMAD INC. DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. WE DO NOT GUARANTEE THAT THE WINERY WILL BE OPEN DURING THE PUBLICLY POSTED HOURS, OR THAT THE WINERY WILL ACCEPT YOU FOR A VISIT. IT IS THE RESPONSIBILTY OF EACH USER TO CONFIRM THESE DETAILS WITH EACH WINERY.
a. In providing location and direction information through the Site to wineries based on user’s current location and/or preferred location data, Oenomad Inc. assumes no liability for travel and/or en route guidance to said destination. Safe and responsible travel to winery destinations is the sole responsibility of each user. Oenomad Inc. encourages safe driving and does not encourage or condone consuming alcohol and driving by publishing information related to the location of wineries. Alcohol consumption impairs driving skills and operating a vehicle while under the influence is illegal in every state in the U.S. and has been shown to cause accidents that result in death, loss of driving privileges and increased insurance expense.
Any software that is made available to download from the Site (“Software”) is the copyrighted work of Oenomad Inc., affiliates, and/or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Site in accordance with these terms and conditions and for no other purpose.
a.Unless otherwise specified, the materials on the Site are presented solely to provide information regarding and to promote Oenomad Inc.’s services, affiliate websites, partners and other products available in the United States, its territories, possessions and protectorates. Our Site is controlled and operated by Oenomad Inc. from its offices in the state of California in the United States. We make no representation that materials on our Site are appropriate or available for use outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from our Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
b. Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Site, is owned by Oenomad Inc. and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
c. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You agree to indemnify, defend and hold Oenomad Inc. and our partners, employees, officers, directors, agents and affiliates, harmless from and against any causes of action, demands, recoveries, liability, losses, claim, damages, fines, penalties, expenses and other costs of any kind or nature, including reasonable accounting and attorney’s fees, related to your violation of this Agreement or use of the Site or brought by third parties as a result of: (i) your breach of this Agreement or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this Site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. OENOMAD, INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS OR SERIES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY OENOMAD, INC. OENOMAD, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OENOMAD, INC. DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT ITS SITE, ITS SERVERS OR ANY EMAIL SENT FROM OENOMAD, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. OENOMAD, INC., ITS SUBSIDIARIES AND CORPORATE AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE WINERIES AND/OR RELATED TRAVEL, INCLUDING, WITHOUT LIMITATION, RELATED AMENITIES, WINE VARIETALS OFFERED, AMBIANCE, PHOTOS, DESCRIPTION, VIDEOS, TASTING FEES, DAYS OF OPERATION, APPLICABLE REGIONS AND ANY OTHER INFORMATION DISPLAYED ON THE SITE.
Oenomad Inc. takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Oenomad Inc. liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Oenomad Inc. is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interaction. Although Oenomad, Inc. has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactions, Oenomad, Inc. reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. The information listed on Oenomad Inc.’s Site, such as a winery’s hours of operation or the cost of a winery’s tastings, is done to the best of our knowledge and ability. Please contact us at info@oenomad.com if any winery information is incorrect on the Site and we will be happy to make those changes as soon as possible.
a. UNDER NO CIRCUMSTANCES WILL OENOMAD, INC. BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
b.This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of Oenomad Inc. You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
c.If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Oenomad Inc. or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Oenomad Inc., and its licensees, successors and assigns, from any claims that you could otherwise assert against Oenomad Inc. by virtue of any such moral rights.
This Site may contain hyperlinks to websites operated by parties other than Oenomad Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Oenomad Inc. to a profile on another third party site. Choosing to do so is purely optional, done at your own risk and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
Oenomad Inc. reserves the right, and you authorize us, to use and assign all information regarding site use by you and all information provided by you in any manner consistent with our Privacy Policy.
The terms of use, conditions and notices for any mobile applications by Oenomad Inc. are governed by these overarching Terms and Conditions of Use.
Oenomad Inc. takes copyright infringement seriously and will make every effort to remove work constituting copyright infringement as soon as possible. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to info@oenomad.com:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You hereby release us, our shareholders, members, managers, directors, officers, employees, agents, contractors, parent companies, subsidiaries, affiliates and assignees from liability of any kind or nature whatsoever to the maximum extent allowed by section 1668 of the California Civil Code, including without limitation liability arising in contract, tort (including active and passive negligence but excluding gross negligence), equity or otherwise. This release extends insofar as may be permitted by law to any and all loss, injury and damages caused by or resulting in whole or in part from any failure of performance, error, omission, interruption, deletion, defect, delay, and illegal or unauthorized alteration, misappropriation, dissemination or misuse of data or personal or proprietary information.
Oenomad Inc. and you, the user, (collectively “the parties”) agree that any and all disputes, claims or controversies arising out of or relating in any way to these Terms of Use, the Site, the Privacy Statement, or the relationship between us shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration before a single arbitrator in San Francisco, California as set forth below.
a. Notwithstanding paragraph 17 above, disputes, claims and controversies in which a party seeks (i) compensatory damages in an aggregate amount of less than $50,000, exclusive of costs and attorney’s fees, or (ii) equitable relief alone, shall be excluded from arbitration and mediation, and shall be resolved instead by litigation as set forth in paragraph 17i) below. A court and not an arbitrator shall decide disputed questions of arbitrability.
b. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree to participate in the mediation in good faith and share equally in its costs.
c. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation
d. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 60 days from the date of filing the written request for mediation, whichever occurs first ("Earliest Initiation Date"). The mediation may continue after the commencement of arbitration if the parties so desire.
e. At no time prior to the Earliest Initiation Date shall either side initiate arbitration or litigation related to this Agreement except to pursue (i) an action or proceeding that is excluded from mediation and arbitration pursuant to paragraph 17 above or (ii) a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party who refuses to comply with the requirements of paragraph 17b) above. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
f. Any arbitration arising out of or related to these Terms of Use, the Site, the Services, or the relationship between us shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms of Use, including Rules 16.1 and 16.2 of those Rules. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
g. In any arbitration arising out of or related to these Terms of Use, the Site, the Services, or the relationship between us, the arbitrator shall award to the prevailing party, if any, the costs and attorney’s fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorney’s fees reasonably incurred by the prevailing party in connection with the arbitration.
h. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. Notwithstanding the preceding sentence with respect to applicable substantive law, any arbitration conducted pursuant to these Terms and Conditions of Use shall be governed by the Federal Arbitration Act.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Oenomad Inc. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement. Any rights not expressly granted herein are reserved.
Oenomad Inc. may terminate this Agreement at any time, for any reason, with or without notice.
