For purposes of these Terms of Use, the word “Submissions” means text, content, advertisements, promotional material, graphics, audios, text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate, advertise, or otherwise distribute on or through the Site.Breathless Wines is pleased to receive your comments, suggestions, and Submissions regarding the Site, our products and services, and our opportunity. If you transmit to Breathless Wines, post, or upload any Submissions to or through the Site, you grant the Company and its affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
By communicating a Submission to the Company, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct set forth in Paragraph 11 below and all other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use.
Company may offer features such as bulletin boards or e-mail functions as part of the Site (referred to as “Interactive Medium”). You may not submit any material that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Please do not submit any material that is protected by copyright, patent, or other proprietary right without obtaining permission of the copyright or patent owner or licensor.The Interactive Medium shall not be used for any commercial purposes. You will not submit any material to solicit funds or to promote, advertise, or solicit the sale of any other goods, services, businesses or business opportunities. You are expressly prohibited from soliciting other guests of the Site Interactive Medium to become members of any network marketing company or business opportunity.
Any information or material submitted by you to the Company through the Interactive Medium will be deemed non-proprietary and non-confidential and may be used by Company without restriction. Without limiting the foregoing, by offering any information or material through the Company Site (e.g., through chat, bulletin boards, e-mail, contests or otherwise), you grant to Company the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, edit, publish, make derivative works from and distribute such information or materials in any and all forms and media, now or hereafter discovered. Notwithstanding the foregoing, all personal data (e.g., name, address and telephone number) provided to Company will be handled in accordance with Company’s Security and Privacy Statement.
Company reserves the right, in its sole discretion, to edit any submission, and to choose to include or not include such submission in the Interactive Medium. The Interactive Medium includes the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other content expressed by third parties are those of such third parties and not of Company. Company does not endorse any such opinion, statement or other material posted on or accessible through the Interactive Medium.Dispute Resolution. Dispute Resolution
While we certainly hope that we never have a dispute with our beloved visitors, if the unfortunate circumstance arises that we have a dispute that arises from or relates to your privacy rights or this privacy policy, you agree that we will first seek to resolve the dispute informally. You will notify us of the dispute within 90 days from which you first learn of the dispute by submitting an email to support@breathlessambassadors.com. If we do not successfully resolve the dispute informally within 60 days from the date on which you first visit the Site, you agree that subject to the exceptions listed below, all disputes (including questions whether a dispute is subject to arbitration) will be resolved through confidential binding arbitration. You also agree to waive all rights to pursue class action lawsuits, class-wide arbitrations, and any other proceeding in which someone acts in a representative capacity against Breathless Wines. You further waive all rights to combine proceedings with the claim(s) of any other individual or entity. All arbitration will be held in Healdsburg, California and administered by JAMS Endispute according to its Streamlined Rules of Arbitration, available at https://www.jamsadr.com/rules-streamlined-arbitration/. Arbitration shall be governed by the Federal Arbitration Act and the law of the State of California.
Disputes not covered by this Class Action Waiver and Arbitration Agreement:
- Any action you bring if you have properly opted-out of arbitration. You may opt-out by sending an email to support@breathlessambassadors.com. You must submit your opt-out notice within five days from the date of first visit the Site.
- If your claim is within the jurisdictional limits of the small claims court in which you reside, you may pursue an action in your local small claims court.
- If you are a Breathless Wines independent Ambassador and you combine a claim that is covered by this Arbitration and Class Action Waiver with a claim to which the Breathless Wines’ arbitration and dispute resolution policy for Ambassador disputes applies, the disputes will be combined and resolved according to Breathless Wines’ Arbitration and Dispute Resolution Policy contained in Breathless Wines’ Terms & Policies that are applicable to Breathless Wines independent Ambassadors.
To institute informal dispute process, submit a Dispute Notice to support@breathlessambassadors.com.
