Terms of Use

Last updated October 7th, 2024

These Terms of Use (“Terms”) explain the relationship between you and sommnights®, LLC. (“sommnights®,” “us,” our” or “we”) regarding your use of, and access to, our website located at sommnights.com (“Website”) and the features and functionality thereof (“Service”). These Terms, which include our Privacy Policy, govern your access to and use of the Website, Service and Content (as defined below), and constitute a binding legal agreement between you and sommnights®.   

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

1. Service

The Website enables persons (“Users”) to access and browse the Website, which provides information about our wine tasting seminars and related services.

2. License

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Website and Service on a computer, tablet device or mobile phone that you own or control.  All materials contained on, in, or available through the Website, including all information, data, text, videos, blogs, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms.  All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, and all derivative works thereof associated with the Content, whether registered or not, are our sole property or the property of third parties. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website and Service, any ownership rights in the Content.  These Terms will govern any upgrades provided by us that replace and/or supplement the original Website, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern. 

You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website. You may not copy (except as expressly permitted by these Terms) or publish the Website for others to copy, decompile, reverse engineer,  disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Website in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.

3. Eligibility

You represent and warrant that: (i) you are at least twenty-one (21) years old, (ii) you have the right, capacity and authority to be bound by these Terms, and (iii) you will abide by all these Terms. 

4. Jurisdiction

The Website is controlled and operated by sommnights® from the United States, and is not intended to subject sommnights® or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States.

5. Rules of Conduct

In connection with your use of the Website, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Website any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Website for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Website, (x) infringe on the rights of any third party, including but not limited to trademark or copyright  rights or the rights of publicity or privacy; (xii) use the Website in any manner that in our sole judgment, adversely affects the performance or function of the Website; or (xiii) undertake any acts not expressly permitted under the Terms.  You warrant and represent that: (a) you undertake to use the Website only for purposes that are in strict compliance with the Terms, the license granted hereunder and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; and (b) you shall not take any actions which would cause us to be in violation of any applicable law, rule or regulation.

6. Suspension

We reserve the right to suspend or cease providing the Website and Service, with or without notice, and we shall have no liability or responsibility to you if we do so.

7. Third Party Websites and Content

The Website may contain links to other websites (“Third Party Websites”) and content, including articles, text, information, video, audio, graphics and photos (“Third Party Content”), which are owned and/or operated by third parties (Third Party Websites and Third Party Content, collectively, referred to as “Third Party Materials”).  Third Party Materials include, without limitation, the links accessible via the “PARTNERSHIPS” link on the sommnights® home page. sommnights® does not investigate or monitor Third Party Materials for accuracy or completeness, and therefore is not responsible or liable for the same.  You are advised that different terms of use and privacy policies apply to your use and access of Third Party Websites.   If you decide to leave the Website and access the Third Party Websites, you do so at your own risk and you should be aware that our Terms of Use and Privacy Policy no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Website to which you navigate from our Website. 

8. Disclaimer of Warranties

THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT, ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE; AND (iii) REGARDING THE PROVISION OF THE WEBSITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, INCLUDING WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.  YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE.

9. Limitation of Liability

IN NO EVENT WILL SOMMNIGHTS® OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “SOMMNIGHTS® PARTIES”), BE LIABLE TO ANY PARTY (I) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS , LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (II) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE. GIVEN THAT SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND JURISDICTIONS, OUR AND THE SOMMNIGHTS™ PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL SOMMNIGHTS® AND THE SOMMNIGHTS® PARTIES’ AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO ANY USE OF THE WEBSITE EXCEED THE AMOUNT OF $25.00 U.S. DOLLARS.

10. Indemnification

By using the Website and Service, you agree to defend, indemnify and hold us, the sommnights® Parties, our affiliates, and partners harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or our Service (collectively, “Indemnified Matters”).  We shall control the defense of any Indemnified Matters through counsel of our choice.

11. Governing Law

These Terms shall be governed by and construed under the laws of the State of New York applicable to agreements made and fully performed therein, without regard to its conflict of laws rules.

12. Entire Agreement

These Terms, the Privacy Policy, and any additional specific terms on the Website constitute the entire agreement between you and us with respect to the use of the Website, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

13. Amendment to Terms

sommnights® may update or amend these Terms from time to time.  Amendments shall be effective upon posting on the Website.  You are responsible for regularly reviewing these Terms.  Your continued access to and use of the Website and Service following such posting constitutes your consent to be bound by any amended Terms.

14. Electronic Communications

You consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

15. General

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created.  No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues.  All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to sommnightswithabby@gmail.com.    

If you have any questions regarding these Terms or the Website, please contact us at sommnightswithabby@gmail.com.   

Copyright © 2023 sommnights®, LLC. All rights reserved.