EFFECTIVE March 01, 2025
INTRODUCTION AND ACCEPTANCE
These “Terms” apply to the website www.oenotatedtravel.com and services controlled by VinoCulture Tours, LLC DBA Oenotated Travel (“Oenotated Travel”)or its Affiliates (defined below), referred to as “www.oenotatedtravel.com,” “us,” “we,” or “our,” where these Terms are posted (“Website” or “Services”), whether accessed via your personal computers, public access Internet services, mobile devices, or otherwise (collectively, “Access Device”). Carefully read these terms and applicable additional terms before using the website, as they affect your legal rights and obligations. These terms require you to grant us certain consents, rights, and licenses and limit our liability and obligations to you. By using the website, you agree to these terms. Further, your continued use of our website, following the posting of a notice of any modification, will be subject to the terms in effect at the time of your use. Do not use the website or purchase our products or services if you do not agree to these terms. Certain provisions of these terms may be superseded by expressly designated legal notices or terms displayed on particular areas of the website that offer corresponding services. Disputes arising from your use of the website or service will be resolved via arbitration except as otherwise noted below.
These Terms are supported by good and valuable consideration that includes, without limitation, your use of the Website, and the materials and information available on the Website. In addition to these Terms, Oenotated Travel has established a Privacy Policy to explain how user information is collected and used by Oenotated Travel. A copy of this Privacy Policy can be found at: www.oenotatedtravel.com/privacy-policy. By accessing or using the Website, you are also signifying your acknowledgement and agreement to the Oenotated Travel Privacy Policy.
USER ACKNOWLEDGEMENTS
Oenotated Travel prohibits minor children from booking reservations and traveling without an accompanying adult. As a condition of your use of the Website, you warrant that you: (a) are at least 18 years of age or the age of majority in your local jurisdiction; (b) possess the legal authority to create a binding legal obligation; (c) will use the Website or Services in accordance with these Terms; (d) will use the Website and Services only to make reservations for you or for one or more other persons for whom you are legally authorized to act (“Participants”); and (e) will inform such other Participants about all rules and restrictions and the Terms that apply to the reservations you have made on their behalf.
INTELLECTUAL PROPERTY
Trademarks.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Website are the registered and/or unregistered Trademarks of Oenotated Travel or such other third party that may own the displayed Trademarks. Nothing contained on this Website or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of Oenotated Travel or such other third party that may own the displayed Trademarks.
Site Contents and Copyright.
The text, trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website (“Content”) are all subject to patent, copyright, trademark and/or other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites. Access to and uses of this Website are solely for your purchase of Oenotated Travel products for personal use, information, education, and communication with Oenotated Travel. You may download, copy or print the Content of this Website for your personal non-commercial use only. No right, title, or interest in any of the Content of this Website is transferred to you as a result of any downloading, copying, printing, or use of this Website. All rights not expressly granted to you by these Terms are reserved by Oenotated Travel.
WEBSITE ACCESS, PROHIBITED USES AND SUBMISSIONS
Access to and use of this Website are solely for your purchase of Oenotated Travel products and services for personal use, information, entertainment, and communication with Oenotated Travel. You may not circumvent, disable, or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Content.
We take all reasonable steps to maintain accurate Content, but at times some Content may become outdated. You may not rely on any information and opinions expressed on the Website for any other purpose than permitted by these Terms. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Content.
You are prohibited from using the Website or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Website, other websites, or the Internet. We reserve the right to terminate your account or otherwise deny you access to the Website in our sole discretion for any or no reason without notice and without liability.
By submitting content to this Website by electronic mail, postings on this Website, or otherwise, including any reviews, photos, videos, questions, comments, suggestions, ideas, or the like contained in any submissions (collectively, “Submissions”), you grant us and our service partners through whom we provide Services (collectively, the “Affiliates”), a nonexclusive, worldwide, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion, and that such submissions may be shared with our service partners. You further grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of these Terms. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion, or exploitation of your Submissions by us, Affiliates, or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms, do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website any commercial material or content (including, without limitation, solicitation of funds, advertising, or marketing of any good or services) and any material or content that infringes, misappropriates, or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that we may exercise our rights (e.g., use, publish, delete) to any content you submit without notice to you.
CONDITIONS FOR THIRD-PARTY LINKING TO THIS WEBSITE
In limited circumstances, we may permit third-party links to the Website from any website that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the website where the link resides, and all other locations to which such website links, comply with all applicable laws. All of our rights and remedies are expressly reserved. Notwithstanding anything to the contrary contained in these Terms or applicable Additional Terms, we reserve the right to prohibit linking to the Website for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Although third-party links may be posted on this Website, the posting of those links or associated content does not constitute Oenotated Travel’s endorsement of such material. Similarly, although third-party products and services may be sold or purchased via links on this Website, the sale and purchase of those products and services does not constitute Oenotated Travel’s endorsement of the same. Oenotated Travel is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party websites, content, or products and services.
The websites associated with third-party links on this Website may be located in, or hosted in connection with laws of, different countries, and those websites and the products or services offered on those websites are likely to be subject to the hosting country’s regulatory or product requirements. Please review carefully the third party’s terms and conditions, policies, and practices, and make sure you understand them before you engage in any such third-party transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
USER REGISTRATION
In order to access or use some (or potentially all) of the features of the Website, you may have to become, and remain a registered user. If you are under the age of eighteen (18), or under the age of majority in your local jurisdiction, you are not permitted to register as a user or otherwise submit personal information to Oenotated Travel.
Under these Terms, you agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your Access Device; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account or the Website at: hello@oenotatedtravel.com; (f) not sell, transfer, or assign your username and password; and (g) accept sole responsibility for all activities that occur under your username and password, whether or not you have authorized the activity.
USER CONTENT AND PERSONAL INFORMATION
Your participation in any giveaway, contest, or game, and acceptance of any prize shall, unless prohibited by law, also constitute a grant to Oenotated Travel of the right to verify correctness of registration and services eligibility requirements, print, publish, broadcast, and use worldwide, in any media now known or hereafter discovered and at any time, personal information such as your name, address, picture, voice, likeness, and/or biographical information for compliance and promotional purposes without additional compensation and without additional consent.
The rights granted by you hereunder may not be terminated, revoked, or rescinded and are not subject to reversion. The rights granted by us may be terminated, revoked, or rescinded and are subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to: Oenotated Travel, 4205 N Sheridan Rd #3, Chicago, IL 60613, United States.
MOBILE
The Website may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (b) the ability to access the Website from your mobile phone (Mobile Web) (collectively, the “Mobile Services”). We do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
You agree that in connection with the Mobile Services for which you are registered we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Website to reflect this change.
INDEMNIFICATION
You agree to indemnify and hold Oenotated Travel, its directors, officers, employees, agents, business partners, and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorney fees, arising from or related to your use of this website or breach of these terms. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations under these terms.
COOKIE AND TRACKING TECHNOLOGY NOTICE AND DISCLAIMERS
This website uses cookies and may also use the services of third-party providers that deploy cookies and other tracking technologies in connection with their services. By using the website, you consent to the placement of cookies on any access device used to access our website and consent to the use of tracking technologies used by us or our third-party service providers.
The website and content provided on this website are provided “as is” and “with all faults.” Oenotated Travel makes no warranty or representation, either express or implied, as to the website’s content, accuracy, appropriateness, availability, security, usefulness, timeliness; performance of this website; whether the website will meet your requirements; title, non-infringement, or misappropriation of intellectual property rights of third parties; custom; trade; quiet enjoyment; or services or goods received through or advertised on our website or accessed through the website or our mobile device application. As a user, you assume all risks and responsibilities for your use or non-use of the website, and Oenotated Travel makes no representation that the content appearing on or downloaded from this website is compatible with your access device or free from error or viruses. No employee, agent, or representative of Oenotated Travel is authorized to modify or amend this warranty. To the extent allowable by existing law, Oenotated Travel disclaims all other warranties, either expressed or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, with respect to this website and its content.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
LIMITATION ON LIABILITY
You acknowledge by your use of this website: (1) that your use of this web site is at your sole risk; (2) that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment that you use in connection with your use of this website; and (3) that Oenotated Travel will not be liable for any damages of any kind related to your use of or inability to use our website, including, without limitation, failure of performance, error, omission, interruption, computer virus, or network or internet failure, or including, without limitation, direct, indirect, punitive, incidental, special, compensatory or consequential damages, lost profits and/or loss of or damage to property whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Oenotated Travel has been advised of the possibility of such damages. In no event will Oenotated Travel and/or its affiliates’, agents’, licensors’, or suppliers’ total liability for any claims related to this website exceed ten ($10) dollars.
Furthermore, you agree that any claim or cause of action against Oenotated Travel arising out of, relating to, or in any way connected with the website, these terms or applicable additional terms must commence within one (1) year after the event giving rise to the claim or cause of action. Failure to bring such claim or cause of action within the one (1) year period shall result in the claim or cause of action being permanently barred.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Oenotated Travel and its parent’s, subsidiaries’, affiliates’, agents’, business partners’, licensors’, and suppliers’ damages in such jurisdictions shall be limited to the extent permitted by law.
TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend your registration or block your access to the Website for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms or applicable Additional Terms. You agree that Oenotated Travel shall not be liable to you or any third party for any termination or suspension of your registration or for blocking your access to the Website.
If you become a registered user, you may terminate your registration at any time by sending an e-mail to hello@oenotatedtravel.com.
Any suspension or termination shall not affect your obligations under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your account or these Terms shall survive, including, without limitation, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions. Upon suspension or termination of your Account, you will immediately discontinue use of the Website Content and destroy any copies of Website Content in your possession, including deleting any downloaded Website Content from your Access Device.
COPYRIGHT DISPUTE POLICY
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Website. Our copyright agent is Oenotated Travel’s Managing Director, Adrian Hall. The agent can be reached at +1 312 818 8439 or hello@oenotatedtravel.com.
To be effective, your infringement notification must include the following: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted; the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and the following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined above: Oenotated Travel will remove or disable access to the content that is alleged to be infringing; Oenotated Travel will forward the written notification to the alleged infringer; and Oenotated Travel will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Oenotated Travel, the alleged infringer will have the opportunity to respond to Oenotated Travel with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Oenotated Travel’s designated copyright agent, and must include the following: a physical or electronic signature of the subscriber; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; the following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located or, if the subscriber’s address is outside of the United States, of any judicial district in which Oenotated Travel may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
CHOICE OF LAW; JURISDICTION AND VENUE
These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules. Any legal proceeding against Oenotated Travel that may arise out of, relate to, or be in any way connected with our Website or these Terms that is beyond the jurisdiction of the arbitration procedures set forth below shall be brought exclusively in the state and federal courts located in Cook County, Illinois and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Arbitration Notice.
You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website or Services, any representations made by us, or our Privacy Policy (“Claims”). If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs). The Arbitration and small claims court applies to any Claims you assert against us, our service partners, or any companies offering products or services through us. This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in Cook County, Illinois, another mutually agreed upon location, or in a location determined by the Arbitrator.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Legal: Arbitration Claim Manager at Oenotated Travel ATTN: Adrian Hall, hello@oenotatedtravel.com. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not as a class, consolidated, or representative action. For avoidance of doubt, you acknowledge and agree that all class claims are waived. If for any reason a Claim proceeds in court rather than in arbitration, we and you each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
MISCELLANEOUS
Events Beyond Our Control
You expressly release Oenotated Travel from any claim of harm resulting from a cause beyond our control, including, without limitation, failure of electronic or mechanical equipment or communication lines, Access Devices, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, war, terrorism, cyberterrorism, epidemics, pandemics, or governmental orders or restrictions.
Consent to Electronic Communications
By registering via this Website, or by sending us or our Affiliates emails, faxes, push notifications, or text or voice messages, you are communicating with us electronically. And in doing so, you expressly consent to receive communications from us electronically via email, fax, push notification, or voice or text message, whether pre-recorded or auto-dialed (“Digital Means”). We will communicate with you by the aforementioned Digital Means, or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your carrier’s normal messaging, data, and other rates and fees will still apply.
International Users Consent to Cross-border Transfers of Personal Information
For those Website users located outside the United States, you acknowledge and expressly consent to Oenotated Travel’s use of your personal information, which at times will be accessible by individuals who are located worldwide including in countries that the European Commission or other geopolitical regions have not been determined to provide the same level of data protection as in your country, province, territory or geopolitical region, and that such information may be accessed by the courts, law enforcement and national security authorities of such jurisdictions. By providing us with your personal information, you are consenting to our use of it in accordance with these Terms, including the transfer of your information across international boundaries to jurisdictions anywhere in the world as permitted by local law.
Severability
If any one or more of the provisions contained in these Terms and Oenotated Travel’s Privacy Policy shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.
Entire Agreement and Conflicting Terms
These Terms and Oenotated Travel’s Policy constitute the complete and exclusive agreement between you and Oenotated Travel with respect to use of this Website and supersedes any and all prior or contemporaneous communications, representations, statements, agreements and understandings, whether in oral, written, or electronic form, between you and Oenotated Travel concerning the use of this Website. These Terms and Privacy Policy shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the Terms shall control.
No Assignment or Third-Party Beneficiaries
These Terms may not be assigned by you to anyone without our consent. No provision of these Terms is intended to create, or creates, any rights in or benefits to any third party beyond those rights or benefits provided by us and our service providers to our paying customers.
Non-Discrimination Statement
VinoCulture Tours, LLC DBA Oenotated Travel does not discriminate against any person on the basis of race, color, religion, national origin, gender, sexual orientation, or military discharge status in its hiring practices, nor in participation in its tours and activities. If you feel you have been subject to discrimination while on one of our tours or while interacting with one of our employees or international service providers, please contact Oenotated Travel’s Managing Director, Adrian Hall, at hello@oenotatedtravel.com.