Terms and Conditions
Agreement between User and goldenhindwinebar.com
Welcome to goldenhindwinebar.com. The goldenhindwinebar.com website (the “Site”) is comprised of various web pages operated by Golden Hind Wine Bar LLC (“Golden Hind Wine Bar”; “Golden Hind”). goldenhindwinebar.com is offered to you on condition of your acceptance, without modification, of the terms, conditions, and notices contained in this document (the “Terms”). Your use of goldenhindwinebar.com constitutes your agreement to all such Terms. Please read these terms carefully.`
goldenhindwinebar.com is a proprietary business Site.
goldenhindwinebar.com exists as a central hub to provide consumer-relevant information regarding Golden Hind Wine Bar and its operations, including but not limited to: our menu; a calendar of our upcoming events; our business address and contact information; and descriptions of and pricing for our available memberships.
goldenhindwinebar.com contains links and embedded widgets in order to sell products, tickets, and memberships through 3rd party sites, any of which may have its own Terms of Use, Privacy Policy, or Cookie Policy.
Privacy
Your use of goldenhindwinebar.com is subject to Golden Hind's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting goldenhindwinebar.com or sending emails to Golden Hind constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy and legal requirement that such communications be in writing.
Children Under Thirteen
Golden Hind Wine Bar does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use goldenhindwinebar.com only with the permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
goldenhindwinebar.com contains links to other websites ("Linked Sites"). These Linked Sites are not under the control of Golden Hind and Golden Hind is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site and any changes or updates to a Linked Site. Golden Hind is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Golden Hind of the site or any association with its operators.
Certain services made available via goldenhindwinebar.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the goldenhindwinebar.com domain, you hereby acknowledge and consent that Golden Hind may share such information and data with any third party with whom Golden Hind has a contractual relationship to provide the requested product, service, or functionality on behalf of goldenhindwinebar.com users and customers.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use goldenhindwinebar.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Golden Hind that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Golden Hind or its suppliers, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse-engineer, create derivative works, participate in the transfer or sale, or in any way exploit the content, in whole or in part, found on the Site. Golden Hind content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Golden Hind and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Golden Hind or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by Golden Hind from our offices within the United States of America. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Golden Hind content accessed through goldenhindwinebar.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Golden Hind, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and/or expenses (including reasonable attorney's fees) relating to or arising from your use of or inability to use the Site or services, any user postings made by you, your violation of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Golden Hind reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Golden Hind in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GOLDEN HIND WINE BAR LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GOLDEN HIND WINE BAR LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS-IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GOLDEN HIND WINE BAR LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SAID INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLDEN HIND WINE BAR LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES: FOR LOSS OF USE, DATA, OR PROFITS; ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GOLDEN HIND WINE BAR LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. bECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination / Access Restriction
Golden Hind reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio, and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Golden Hind as a result of this agreement or use of the Site. Golden Hind's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Golden Hind's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Golden Hind with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Golden Hind with respect to the site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Golden Hind with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Changes to Terms
Golden Hind reserves the right, in its sole discretion, to change the Terms under which goldenhindwinebar.com is offered. The most current version of the Terms will supersede all previous versions. Golden Hind encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Should you wish to contact Golden Hind regarding these Terms, the following contact information is correct as of the time of this document's publication:
Address:
Golden Hind Wine Bar
915 N. Summit Street
Toledo, Ohio 43604
Email:
privacy_and_data@goldenhindwinebar.com
Phone:
+1 (419) 464-5646
These Terms are effective as of January 23, 2024.