Thank you for visiting https://twine.therochecollection.com/ (“Website”). This Website is owned and operated by Twine Urban Winery. These Terms and Conditions of Use (“Terms of Use”) apply to you (“User,” “you,” or “your”) and govern your access to and use of this Website, including any content, features, services, applications, promotions, or other materials made available through the Website.

By using this Website, you agree to these Terms of Use, our Privacy Policy, and all applicable laws, rules, and regulations. Please read these Terms of Use carefully. If you have any questions, you may contact us at contact@therochecollection.com.

By accessing or using this Website, you confirm that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not access or use the Website.

We may update, revise, or modify these Terms of Use at any time, with or without prior notice. When changes are made, we may post the revised Terms of Use on the Website. Your continued use of the Website after any changes are posted constitutes your acceptance of the revised Terms of Use.

You are responsible for reviewing these Terms of Use periodically. You may request a copy of these Terms of Use by emailing us at contact@therochecollection.com with the subject line: Terms of Use Agreement.

Certain services, offers, promotions, purchases, reservations, events, or other features of the Website may be subject to additional terms and conditions. Any additional terms presented to you are incorporated into these Terms of Use unless otherwise stated.

This Website is intended only for users who are of legal age to purchase and consume alcoholic beverages in their jurisdiction. By accessing or using this Website, you represent and warrant that:

1. You are at least 21 years of age;
2. You are legally permitted to access content related to alcoholic beverages;
3. Any information you provide to us is truthful, accurate, and complete;
4. You will keep any information you provide current and accurate; and
5. Your use of the Website does not violate any applicable law, rule, or regulation.

If you are not of legal drinking age, you must exit the Website immediately.

The Website and all content available on or through it, including text, images, graphics, photographs, designs, logos, trademarks, service marks, trade names, videos, audio, software, layouts, and other materials, are owned by Twine Urban Winery, its affiliates, licensors, or other authorized parties.

All such content is protected by copyright, trademark, trade dress, and other intellectual property laws. You may not copy, reproduce, modify, publish, display, transmit, distribute, sell, license, create derivative works from, or otherwise exploit any Website content without our prior written consent or the consent of the applicable rights holder.

Subject to your compliance with these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Website and its content solely for your personal, non-commercial use.

Nothing in these Terms of Use grants you ownership of, or any rights in, the Website or its content other than the limited right to use the Website as described above.

The information and content provided on this Website are made available for personal, informational, and educational purposes only. The Website is not intended for unauthorized commercial use.

You agree that you will not use the Website for any unlawful, harmful, abusive, harassing, defamatory, invasive, obscene, fraudulent, misleading, or otherwise objectionable purpose.

You further agree not to:

1. Use the Website in violation of any applicable law or regulation;
2. Attempt to interfere with the operation, security, or availability of the Website;
3. Introduce viruses, malware, harmful code, or other disruptive technologies;
4. Collect or harvest email addresses, usernames, personal information, or other data from the Website;
5. Use the Website to send unsolicited communications or spam;
6. Impersonate another person or entity;
7. Frame, mirror, scrape, or otherwise copy portions of the Website without authorization;
8. Use another user’s account, username, password, or credentials without permission;
9. Post or transmit unauthorized advertising, promotional materials, solicitations, or commercial content;
10. Infringe or violate the rights of Twine Urban Winery or any third party; or
11. Use the Website in any manner inconsistent with these Terms of Use.

Unauthorized use of the Website may result in termination of your access and may subject you to legal liability.

The Website may contain links to third-party websites, services, products, or content. These links are provided for convenience only. We do not control, endorse, or assume responsibility for any third-party websites, services, products, content, policies, or practices.

You acknowledge and agree that your access to and use of any third-party website or service is at your own risk. We encourage you to review the terms of use and privacy policies of any third-party websites you visit.

The Website may now or in the future allow users to upload, submit, post, display, or otherwise make available content, including comments, reviews, photographs, videos, text, graphics, artwork, or other materials (“User Content”).

You are solely responsible for any User Content you provide. By submitting User Content, you represent and warrant that:

1. You own the User Content or have all rights necessary to submit it;
2. Your User Content does not infringe any copyright, trademark, privacy, publicity, intellectual property, contractual, or other rights of any person or entity;
3. Your User Content does not violate any law, rule, or regulation;
4. Your User Content is truthful and not misleading; and
5. Your submission of User Content does not breach any agreement between you and a third party.

You are responsible for any royalties, fees, payments, or other amounts owed to any person or entity as a result of User Content you submit.

By submitting User Content to the Website, you grant Twine Urban Winery an irrevocable, perpetual, worldwide, transferable, sublicensable, royalty-free, fully paid-up, non-exclusive license to use, reproduce, display, perform, distribute, modify, edit, adapt, publish, translate, create derivative works from, and otherwise exploit the User Content for purposes related to operating, promoting, maintaining, improving, and marketing the Website, our products, our services, and our business.

You retain ownership of any User Content you submit, subject to the license granted above.

We may, but are not obligated to, monitor, review, edit, remove, reject, or refuse to post any User Content at any time and for any reason, with or without notice.

You agree not to submit User Content that:

1. Is unlawful, defamatory, obscene, abusive, threatening, harassing, hateful, discriminatory, or otherwise objectionable;
2. Promotes racism, bigotry, hatred, or physical harm against any person or group;
3. Harasses or encourages harassment of another person;
4. Exploits any person in a sexual, violent, or harmful manner;
5. Contains false, misleading, or fraudulent information;
6. Promotes illegal activity or conduct;
7. Infringes the intellectual property or other rights of any person or entity;
8. Contains another person’s personal information without permission;
9. Includes telephone numbers, street addresses, last names, URLs, email addresses, passwords, or other sensitive information where prohibited or inappropriate;
10. Contains unauthorized advertising, affiliate links, spam, or solicitation;
11. Contains viruses, malware, or other harmful code;
12. Includes a photograph, video, or likeness of another person without that person’s consent; or
13. Is otherwise inconsistent with these Terms of Use.

We reserve the right to remove any prohibited User Content without notice and to suspend or terminate access for users who submit prohibited content.

These Terms of Use remain in effect for as long as you access or use the Website. Even after your account, registration, or access is terminated, these Terms of Use will continue to apply to your prior use of the Website and to any provisions that by their nature should survive termination.

You may stop using the Website at any time.

We reserve the right, in our sole discretion, to suspend, restrict, limit, or terminate your access to all or part of the Website at any time, with or without notice and with or without cause. We may also take appropriate legal action or refer information about suspected unlawful activity to law enforcement or other proper authorities.

You are solely responsible for your interactions with other users of the Website. We reserve the right, but are not obligated, to monitor, become involved in, or help resolve disputes between users.

Your use of the Website is at your sole risk.

The Website and all content, information, products, services, features, and materials provided through the Website are provided “as is” and “as available,” without warranties or representations of any kind, whether express, implied, or statutory.

To the fullest extent permitted by law, Twine Urban Winery disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, availability, security, or uninterrupted operation.

We do not warrant that:

1. The Website will be available at all times;
2. The Website will be error-free or secure;
3. Any defects will be corrected;
4. The Website or its servers will be free of viruses or other harmful components;
5. The content on the Website will be accurate, complete, timely, or reliable; or
6. Your use of the Website will not infringe the rights of third parties.

If you download or access any materials from the Website, you do so at your own discretion and risk. We are not responsible for any damage to your device, computer system, data, or other property that may result from your use of the Website or download of any materials.

To the fullest extent permitted by law, Twine Urban Winery, its subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and representatives shall not be liable to you or any third party for any indirect, incidental, consequential, exemplary, special, punitive, or other damages of any kind, including lost profits, lost revenue, lost data, loss of goodwill, business interruption, or other intangible losses.

This limitation applies to damages arising out of or related to:

1. Your access to or use of the Website;
2. Your inability to access or use the Website;
3. Any content or information provided on the Website;
4. Any third-party website, product, service, or content linked to from the Website;
5. Any unauthorized access to or use of our systems; or
6. Any other matter relating to the Website.

This limitation applies regardless of the theory of liability, including contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

You agree to defend, indemnify, and hold harmless Twine Urban Winery, its subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and representatives from and against any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

1. Your use or misuse of the Website;
2. Your violation of these Terms of Use;
3. Your violation of any law, rule, or regulation;
4. Your violation of the rights of any third party;
5. Any User Content you submit; or
6. Any breach of your representations, warranties, or obligations under these Terms of Use.

We respect the intellectual property rights of others and expect users of the Website to do the same. You may not upload, post, distribute, reproduce, or otherwise make available any material that infringes the copyright, trademark, or other proprietary rights of another person or entity.

It is our policy to respond to proper notices of alleged copyright infringement and, where appropriate, to remove or disable access to allegedly infringing material. We may terminate the access or privileges of users who repeatedly infringe the rights of others.

If you believe that material available on the Website infringes your copyright or other intellectual property rights, please provide our designated contact with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the allegedly infringing material is located on the Website;
4. Your address, telephone number, and email address;
5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.

Our designated contact for copyright infringement claims may be reached as follows:

By Email: contact@therochecollection.com
Subject Line: DMCA

These Terms of Use are governed by U.S. federal law and the laws of the State of Michigan, U.S.A., without regard to conflict-of-law principles. You consent to the exclusive jurisdiction and venue of the federal and state courts located in Kalamazoo, Michigan, U.S.A., for any dispute arising out of or relating to the Website or these Terms of Use.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.

Any offer for any product, feature, service, promotion, event, or other item made available through the Website is void where prohibited. The Website may be accessed internationally and may contain references to products, services, or events that are not available in all countries or jurisdictions. Such references do not imply that the products, services, or events are appropriate or available in every location.

Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision.

The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.

These Terms of Use and your rights and obligations under them are personal to you and may not be transferred or assigned without our prior written consent. We may assign or transfer our rights and obligations under these Terms of Use without restriction.

Our performance under these Terms of Use is subject to existing laws and legal process. Nothing in these Terms of Use limits our right to comply with governmental, court, law enforcement, or regulatory requests or requirements relating to your use of the Website or information provided to or collected by us.

If any provision of these Terms of Use is found to be invalid, unlawful, or unenforceable, that provision will be deemed replaced by a valid and enforceable provision that most closely reflects the intent of the original provision. The remaining provisions will continue in full force and effect.

These Terms of Use, together with any additional terms, conditions, or policies referenced or incorporated herein, constitute the entire agreement between you and us regarding your use of the Website.

We may provide notices to you by posting them on the Website or, if you have provided an email address, by sending them to you by email. Notices are effective when posted or sent, unless otherwise stated.

Please see our Privacy Policy at https://twine.therochecollection.com/privacy/ for information about how we collect, use, maintain, and share personal information. By using the Website, you agree to our collection, use, and sharing of information as described in our Privacy Policy.

If you have any questions, comments, or concerns regarding these Terms of Use, please email us at:

contact@therochecollection.com

These Terms of Use are effective and were last updated on December 16, 2019.

All rights reserved, 2020 © Twine Urban Winery.