WINE INSTITUTE CAPSTONE CALIFORNIA WINE CERTIFICATION PROGRAM TERMS OF SERVICE

Last modified: October 14, 2021

 

These terms and conditions of use (“Terms of Service”) cover your use of and access to the website located at www.capstonecalifornia.com (“Site”), including access to wine education information, courses, services and related resources on the Site, and any other products and services that the Wine Institute may provide now or in the future (collectively, the “Services”). The Site is owned and operated by the Wine Institute, a public policy organization located at 425 Market Street, Suite 1000, San Francisco, CA 94105 (“Wine Institute”, “we”, “our”, or “us”), in conjunction with and assistance by our third-party suppliers and vendors, including without limitation Thinkific, Inc.

Our mission is to promote and support the understanding and appreciation of California wines through an online education and certification program, along with providing information and resources on California wine. Our Services are designed to promote wine education among our community by enabling you and other wine enthusiasts to share and enroll in educational courses.  We need rules to keep our Site and Services safe for you, our community, and us. Please read these Terms of Service carefully and in their entirety, as these Terms of Service include important information about your legal rights, remedies, and obligations.  Feel free to contact us if you have any questions about these Terms of Service. 

By using or accessing this Site or by actively accepting these Terms of Service in the course of your registration on this Site, you are agreeing to these Terms of Service and our Privacy Policy . These Terms of Service will remain in full force and effect for as long as you use the Site and any of the Services. References to “you”, “your”, and similar terms are construed accordingly in these Terms of Service to mean users and visitors of this Site. If you do not agree to these Terms of Service, you should not use or access this Site. 

The Site is not intended for children, and our Service is only intended for adults. No one under the age of 18 may register. Parents or adults can use various readily available software programs or other methods to prevent children or minors from accessing the Site. 

 

In the event of any conflict or inconsistency between the terms and provisions of these Terms of Service and the terms and provisions of any contract or other agreement between you and any third party in connection with, or related to, the Services, the terms and provisions of these Terms of Service shall control.

 

User Conduct and Responsibilities

The Site and Services provide information and educational materials about the production and consumption of wine, including but not limited to, alcohol-related certification programs and provides prospective users the ability to enroll in educational courses, examinations, and certifications.  

You are required to comply with all applicable federal, state, and local laws in connection with your use of this Site and Services. As a condition of your use of this Site and Services, you agree that you will not use this Site and/or Services for any purpose that is unlawful or prohibited by these Terms of Service. You also agree that you will only provide information in connection with this Site and Services that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity. When using the Site and Services, you will be subject to our Community Guidelines as well as any other posted rules applicable to specific services and features, which may be posted on our Site from time to time.

Additionally, you agree not to, without limitation:

·       Authorized Purposes Only.  Use any content or information available on this Site for any unauthorized purpose;

·       Follow the Rules.  Interfere with or damage this Site or servers or networks connected to this Site or disobey any requirements, procedures, policies, or regulations of networks connected to this Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology;

·       No Virus Transmission.  Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

·       No Advertising.  Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

·       Only Post What’s Allowed.  Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships; 

·       No Reverse Engineering.  Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site;

·       No Personal Information Collection.  Harvest or collect Personal Information (as defined in our Privacy Policy) about any other individual who uses this Site or Services; 

·       No Resale.  Rent, lease, trade, sell, or otherwise monetize the Services or related data or access to the same, without our consent;

·       No Infringement.  Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties; 

·       No Aiding or Abetting Rulebreaking.  Assist any third party in engaging in any activity prohibited by these Terms of Service; or

·       Violate Community Guidelines.  Use the Site and/or Services in any manner that violates the Community Guidelines 

 

You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. 

Certain portions of this Site may have additional terms and conditions. When these portions are used, you agree to be further bound by the associated additional terms and conditions.

Specifically, to the extent you are registered or enrolled as a Student (as defined below) in, or are otherwise attending, an Educational Partner (as defined below) or other institution with its own policy regarding student conduct, those terms shall apply to you as a student of such institution. Additionally, unless the following conflicts with such a policy, any Student of the online courses through the Site agrees to:

·       not harass other Students, attendees, instructors or other visitors;

·       not cheat on any assignment or examinations for the courses;

·       not post online any secured testing materials;

·       not share solutions or responses to assignments or examinations; 

·       not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the online courses through the Site other than as expressly allowed under these Terms of Service; and

·       notify the instructors immediately if he or she becomes aware of any other Student cheating or breaching these Terms of Service. 

Registration

In order to access and use certain features of the Site and the Services, you may need to provide certain information. You represent and warrant that all information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times. 

For all users located in Europe: Registration and access to Courses (defined below) via this Site is only available to business users. By registering you confirm that you are using the Site and the Services as a business user and not as a consumer. If and to the extent these terms mention consumers or Students (defined below) or other non-business users, this does not apply to users located in Europe. 

Course Registration.  The Site is available without restriction unless or except as prohibited by applicable law and these Terms of Service.  However, additional requirements apply to users registering for or otherwise accessing the online courses and other educational features of the Site (each, a “Student”), including registration and curriculum information (collectively, “Courses”).  As a Student, you agree that:

·       You will not set up multiple registrations for any one particular Course;

·       You are registering with the intent to complete online coursework, complete related assignments, take and submit examinations and other activities related to taking the applicable Course;

·       if you are taking a Course for academic credit or certification through, an accredited partner, educational institution, or corporate sponsor (each an “Educational Partner”), any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, the Wine Institute will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for any such Course;

·       if you are not taking a Course for credit or certification provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of the Wine Institute, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Course (“Verified Certificate”), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any company or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner;

·       You acknowledge that instructors of any Course will not be obligated to make any attempts to get the Course recognized by any accredited or other educational institution; and 

·       You will abide by the User Conduct and Responsibilities listed above.

Authorized Users Only.  You agree that you are solely responsible for maintaining the confidentiality of your registration information and are fully responsible for all activities that occur in connection with your use of the Services. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your registration information or any other breach of security by emailing us at legal@wineinstitute.org. The Wine Institute cannot and will not be liable for any loss or damage arising out of or relating to your failure to comply with the requirements in this section.

Suspension or Termination of Services.  We may suspend or terminate access to the Site and/or Services in our sole and absolute discretion. In the case that your access is terminated, these Terms of Service shall remain, to the extent applicable, in full force and effect. 

 

Site Content and Intellectual Property Rights

This Site, including any content, visual interfaces, Courses, assignments, educational videos and exercises, materials, documentation, and all other elements of the Services, may contain text, images, software, photographs, video, graphics, audio, features, data, designs, computer programs, source and object code, documentation, illustrations, animations, databases, logos, domain names, trade names, trade identities, and other such similar content (collectively, “Content”). Unless otherwise expressly identified, Content is owned by the Wine Institute or by our third-party licensors. Content may be protected by United States and international copyright, trademark, and other laws. You may browse this Site and download Content solely for your personal, educational use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Content from this Site, including code and software underlying this Site, nor may you sell, transfer, or otherwise use this Site or Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to Content at any time without notice. 

 

Payments

Pricing.  The prices of the Courses are posted on the Site in U.S. dollars, regardless of your location when you register for a Course or otherwise access the Site and/or Services.

Agreement to Pay.  You agree to pay the fees for Courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. The Wine Institute works with third party payment processing partner, PayPal, to offer you a convenient and secure payment method. When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any Course for which we have not received adequate payment.

If the Course you purchased is not what you were expecting, or you are otherwise unsatisfied with the Services, please contact as at info@wineinstitute.org. We reserve the right (but not the obligation) to apply a refund or credit to your original payment method, at our discretion on a case-by-case basis.

 

Your Submissions 

You may choose to submit questions, feedback, comments, suggestions, and other information through this Site or Services or via email (“Submissions”). By providing us Submissions you give the Wine Institute, its sub-licensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any Submissions provided through this Site and/or Services. You acknowledge and agree that this license includes a right for the Wine Institute to make such Submissions available to other companies, organizations, or individuals with whom the Wine Institute has relationships, and to use such Submissions in connection with any inquiries or comments. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any Submissions. You also agree to all such uses of your Submissions with no compensation paid to you.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Services and in accordance with these Terms of Service and our Privacy Policy. The Wine Institute has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. Furthermore, the Wine Institute reserves the right to terminate your access to any or all of the Communication Services at any time without notice and for any reason.

 

Certification Roster

You understand and expressly agree that if you take and pass a certified exam through the Site, the Wine Institute shall have the full right and authority to include your name, city, state and level of certification on the Site roster of persons who have achieved certification under the applicable certification program, and you consent to the Wine Institute’s public disclosure of such information. If you wish, your name can be removed from the roster by sending a request to info.exportprogram@wineinstitute.org. Such requests will be honored within 14 days. You expressly acknowledge and agree that, notwithstanding a removal of your name from the roster, the Wine Institute shall, at all times, have the right and authority to verify your current certification status in response to a request for verification made by a third party.

You agree that you will not post to a Site roster profile any false, misleading or inaccurate content or information or any content that infringes the intellectual property of any third party, including any trademarks or copyrights, and that you have obtained all necessary third party consents and authorizations to post any content to the Site roster profile.  The Wine Institute does not vet or verify user-posted content or information to Site roster profiles and it makes no warranty or representation of any kind that any user-posted content or information is accurate, complete, or up-to-date, or that a Site roster profile user owns or has the right or permission to use any intellectual property of others.  The Wine Institute has the right (but not the obligation), in its sole discretion, to modify, remove or refuse any user-posted information or content to a Site roster profile at any time and without any liability to you.

 

Privacy

We know you value your privacy. Please read our Privacy Policy  for information on how your Personal Information provided in connection with your use of this Site will be handled. By accepting these Terms of Service you are also acknowledging that you have read the terms of the Privacy Policy, which are incorporated herein by reference for all applicable purposes. 

 

Using the Site at Your Own Risk

Our Site model means we have the right, but not the obligation, to review and/or edit the Courses for legal issues. We do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the Courses. If you enroll in a Course, you rely on any information provided by an instructor at your own risk.

By using the Site and Services, you may be exposed to content that you consider offensive, indecent, or objectionable. The Wine Institute has no responsibility to keep such content from you and no liability for your access to any Content on the Site or enrollment in any Course, to the extent permissible under applicable law. You assume full responsibility for the choices you make before, during, and after your access to the Site and enrollment in any Course.

We are not responsible or liable for any interactions involved between instructors and users of the Site or Services. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or users.

The Wine Institute and the instructors of the Courses reserve the right to alter, modify or rearrange the schedule of topics for such Courses, as well as the scoring value or weight of assignments, examinations, projects and other such evaluations of progress. A Verified Certificate shall be awarded, in the sole discretion of the Wine Institute and the instructors for such Courses, to Students who have completed the Course to the satisfaction of the Wine Institute. By attending the Courses, Students acknowledge that the Wine Institute and the instructors maintain the right and ability to adapt, modify or revise such Courses as the Wine Institute and the instructors deem appropriate.

 

Third-Party Content and Websites

This Site may contain links, references, and other forms of connectivity to websites, platforms, and applications maintained and controlled by third parties (“Third Party Sites”). Inclusion of any link to Third Party Sites does not imply an endorsement or recommendation of any material, substance, information, practice, or the owner or proprietor of such Third Party Sites by the Wine Institute. The Wine Institute makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any content or information contained in Third Party Sites and shall have no liability for any damages or injuries of any kind arising from such content or information contained in Third Party Sites. If you decide to access any Third Party Sites linked to by this Site, you do so entirely at your own risk. You should refer to the terms and policies of any Third Party Sites you use to determine your rights and responsibilities. 

 

Indemnity

You agree to defend, indemnify, reimburse, and hold harmless the Wine Institute, affiliated entities, its vendors and suppliers, and its and their respective members, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorneys’ fees, costs and expenses, and court costs) arising out of or related to: (i) your use of this Site, Services, and Content; (ii) your violation, breach, or alleged breach of these Terms of Service or our Privacy Policy; and (iii) your violation or alleged or threatened violation of any laws, rules, or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from your Submissions. 

 

Disclaimer of Warranties

THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, CONTENT, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WINE INSTITUTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THE WINE INSTITUTE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE OR ANY OTHER WEBSITES LINKED TO THIS SITE. THE CONTENT AND ANY OTHER MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND THE WINE INSTITUTE MAKES NO COMMITMENT TO UPDATE CONTENT ON THIS SITE. THE WINE INSTITUTE DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE WINE INSTITUTE DOES NOT WARRANT THAT THIS SITE OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WINE INSTITUTE OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. 

ALTHOUGH THE SITE IS INTENDED TO BE EDUCATIONAL, NEITHER THE WINE INSTITUTE OR ANY THIRD PARTY ASSOCIATED WITH THE SITE MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT ANY USER HEREOF WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, MASTER ANY PARTICULAR SKILLS OR PASS ANY EXAMINATION OR ACHIEVE ANY OTHER TANGIBLE RESULTS BASED UPON USE OF THE PRODUCTS, SERVICES, OR OTHER OFFERINGS ON THIS SITE.

 

Limitation of Liability

IN NO EVENT SHALL THE WINE INSTITUTE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, CONTENT, SOFTWARE, OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH WEBSITES, INCLUDING WITHOUT LIMITATION, ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THIS SITE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF CONTENT OR OTHER INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THIS SITE OR SERVICES, OUR CONTENT, OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND SERVICES.

 

Dispute Resolution 

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, USA excluding its conflict of law rules.  You agree that jurisdiction over any action arising out of or relating to these Terms of Service shall be brought or filed in a court of competent jurisdiction located in the State of California, USA.  This Dispute Resolution section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct the Site and/or Services to you, where you have your habitual residence.  

 

No Third Party Rights

Unless expressly stated in these Terms of Service to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, the Wine Institute, and our successors and assigns. Nothing in these Terms of Service is intended to relieve or discharge the obligation or liability of any third persons to you and the Wine Institute and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, the Wine Institute, and our successors and assigns.

 

Assignment 

The Wine Institute shall have the right to assign these Terms of Service in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms of Service without the prior written consent of the Wine Institute.

 

Entire Agreement

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with the Wine Institute. These Terms of Service, together with our Privacy Policy, set forth the entire understanding and agreement of you and the Wine Institute as to the subject matter hereof and supersede all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Any version of these Terms of Service in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict. The Wine Institute’s failure to act with respect to a breach by you or others does not waive the Wine Institute’s right to act with respect to antecedent, subsequent, or similar breaches.

 

Force Majeure 

We will not be deemed to be in breach of these Terms of Service or liable for any breach of these Terms of Service or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, hacking, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.

 

Modification

The Wine Institute reserves the right to modify these Terms of Service from time to time in its sole discretion, effective upon posting. In the event of such changes, we will post the changes on this Site and/or notify you via email. Any use of this Site after such changes shall be deemed an acceptance of those changes. You should periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. 

 

How to Contact Us 

If you have any questions regarding these Terms of Service, please contact us at: 

Wine Institute

425 Market Street, Suite 1000, San Francisco, CA 94105  

info@wineinstitute.org  

 

 Link to privacy policy here. 

 Link to Community Guidelines here.

 Link to Community Guidelines. 

 Link to privacy policy here.