Terms and Conditions

By using the VirtualViticultureAcademy.com website, or any applicable subdomains thereof, or any applications, mobile applications*, functions, facilities, content, materials, or other services provided by Westover Vineyard Advising, LLC d/b/a Virtual Viticulture Academy (collectively, “Service”), whether as a guest or a registered user, you agree to be bound by all of the following terms and conditions (“Terms of Use”).

Our Relationship

• By accessing and using our products and services, you agree to comply with the Terms of Use listed here as well as our Privacy Policy.
• We agree to do our absolute best to provide you with quality services. In return, you agree to refrain from any activity that interferes with or prohibits us from providing these services to you.
• By using our services, you agree to access them through our interface and not to attempt circumventing our system.
• We reserve the right to terminate your account or stop providing products and services should you violate our Terms of Use.
• Should you decide you no longer want to use our products, you can terminate your agreement at any time by asking for your account to be destroyed.
• If you’re not satisfied with our services, or find that it fails to meet your learning needs, we will gladly refund your last payment. However, if you have completed more than 9 months of your annual subscription, we reserve the right to decline a refund.

Your Responsibilities

• You must be 13 years of age or older to use this Service.
• You must provide a valid email address, and any other required information.
• You must ensure your account information remains accurate.
• You are responsible for the safekeeping of your account credentials. Account activity is your responsibility, so we suggest keeping this information in a safe place.
• Your account may only be used by one person or legal entity.
• You are responsible for content posted and any activity that occurs under your account.
• We will not be liable for decisions you make or your actions beyond the scope of our products.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including copyright or trademark laws).
• Our products are for your personal use. We work hard to provide you with a quality product and expect that you won’t try to resell, copy, or make our products available to others without our written permission. If you love our product enough to pass it along, please just ask us for permission. If you have team members in your business that want access, inquire with us about group pricing.

Our Services

• We consistently add to and improve our products and services. We may update, add, or remove products without prior notice.
• We strive to provide you with an exceptional customer experience and are always open to suggestions, comments, and feedback through our provided means of communication.
• We want you to learn and have fun doing so while using our products, however we can’t guarantee this will be the case.
• We work diligently to make sure our products and services are available and reliable. Because of the nature of our business, this is not something we can always control or guarantee.

Enrollment

Individual Virtual Viticulture Academy subscriptions are referred to as “Individual Enrollment” and group subscriptions as “Team Enrollment”.

1. A valid credit card is required for payment.
2. The Service is billed in advance on an annual basis, as determined by your initial enrollment date.
3. All enrollment plans are automatically renewed unless customers preemptively deactivate their enrollment, which can be done from their Account page.
4. All enrollment fees exclude all taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes, if any.
5. When seats are added to an enrolled Team Enrollment a pro-rated charge for the new seats will be made immediately based on the remaining number of days in your current billing cycle. The full seat price will only be charged when the enrollment is next renewed.
6. Downgrading your Service may cause the loss of content, features, or capacity of your account. Virtual Viticulture Academy doesn’t accept any liability for such loss.
7. Individual Enrollment is non-transferable and may only be refunded up to 9 months from the date of activation.
8. Individual Enrollment purchases must be used consecutively and cannot be paused.

Cancellation and Deactivation

1. You are responsible for properly canceling your subscription. You can do so at any time by clicking on the “account” link in the navigation at the top of the screen. From there, click on the “Subscriptions” link to see your current subscriptions. Then click on the “View” button next to your active subscription. Finally, click the “Cancel” button to cancel your subscription. Your cancellation request will be processed immediately, and you must re-subscribe to regain membership access to the site.
2. To deactivate your subscription auto-renewal, please email support at: [email protected] with a subject line of “Membership Deactivation Request”. In the body of the email please indicate your subscription number as shown in your account subscriptions screen and state your wishes to deactivate your membership auto-renewal. If you deactivate your subscription before the end of your current billing cycle, your membership cancellation will be effective on the day the next cycle is set to start. In the meantime, you will retain access to our Service.
3. Virtual Viticulture Academy, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Virtual Viticulture Academy service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Virtual Viticulture Academy reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Virtual Viticulture Academy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. For instance, the Service may temporarily be disabled for occasional maintenance.
2. Prices of all Services, including the annual subscription plan fees, are subject to change with 30 days notice from Virtual Viticulture Academy. Such notice may be provided at any time by posting the changes to the Virtual Viticulture Academy Site (VirtualViticultureAcademy.com) or via email.
3. Virtual Viticulture Academy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Promotions

1. Virtual Viticulture Academy reserves the right at any time and from time to time to modify or discontinue promotions and/or discounts with or without notice. If a promotion or discount is ending, we will do our best to give advanced notice, but it is not guaranteed.
2. Any account credits that are accumulated may not be used in the store, but can only be put toward an annual subscription of Virtual Viticulture Academy access. Vouchers, promotions, and credits can all be adjusted or removed at any time without advanced notice.

Copyright

1. The look and feel of the Service is Copyright ©2018 Westover Vineyard Advising, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without the express written permission from Virtual Viticulture Academy.

Mobile Applications

If you use a mobile device or mobile application (currently under consideration for future development) to access the Services, the following additional terms and conditions (“Mobile Terms”) also apply:

1. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
2. You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
3. YOUR ACCESS TO AND USE OF THE SERVICES VIA YOUR MOBILE DEVICE OR MOBILE APPLICATION CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS OF USE.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. We cannot guarantee the results of our recommendations or that our recommendations of any action or products, or that your interpretation and execution of our recommendations will always be error-free, and so you agree that we are not liable and will indemnify us under any circumstances for damages to any person or property, including lost profits, lost savings or other incidental, consequential or special damages arising out of any vineyard operation which involves you, your employees, representatives, suppliers or guests of the vineyard property or any third parties, even if you have advised us of the possibilities of such damages.
3. Mention of products by Virtual Viticulture Academy does not imply direct recommendation to use products (such as a pesticide, fertilizer, or tool) and therefore any mention of products is intended solely as an example even if the language used implies it is appropriate to use a specific product for your situation.
4. Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
5. You understand that Virtual Viticulture Academy uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
6. You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Virtual Viticulture Academy, or any other Virtual Viticulture Academy service.
7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission from Virtual Viticulture Academy.
8. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Virtual Viticulture Academy customer, employee, member, officer, or third-party affiliate, will result in immediate account termination.
9. You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Virtual Viticulture Academy) of other Virtual Viticulture Academy customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
12. Virtual Viticulture Academy does not warrant that (1) the Service will meet your specific requirements, (2) the Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (5) any errors in the Service will be corrected.
13. You expressly understand and agree that Virtual Viticulture Academy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, damages for loss of profits, goodwill, use, data or other intangible losses (even if Virtual Viticulture Academy has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the Service; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into through or from the Service; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the Service; (5) or any other matter relating to the Service.
14. The failure of Virtual Viticulture Academy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Virtual Viticulture Academy and govern your use of the Service, superseding any prior agreements between you and Virtual Viticulture Academy (including any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Texas law.
15. Questions about the Terms of Service should be sent to [email protected].

Last updated on January 31st, 2018. Inspired by the Code School Terms of Service.