IMPORTANT – READ CAREFULLY: These Terms and Conditions are a legal contract between you and WhirledView Company t/a VineyardTrips.com for the use of this website (collectively, the “Site”).

By entering or using the Site, you agree to be bound by these terms and conditions, including the warranty disclaimers, limitations of liability and termination provisions below. If you do not agree to such terms and conditions, do not use this Site and exit now. We may change these Terms of Use from time to time with or without any notice to you.

Please understand that all information submitted on the Site might potentially be publicly accessible. Important and private information should be protected by you. We are not liable for protection or privacy of electronic mail or other information transferred through the internet or any other network provider that you may use.

Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through the Site should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting.

By registering, you certify that the information you provide on the registration form is accurate and pertains only to you. You are responsible for maintaining the confidentiality of the password that you are assigned. Your password may not be shared with any other person.

We reserve the right to remove your materials, deactivate or suspend your use of services for any reason whatsoever, including but not limited to, your failure to abide by our rules and regulations hereunder or your involvement in or facilitation of illegal, abusive or unethical activities as determined in accordance with our usage policies. Such activities include (without limitation) pornography, obscenity, nudity, violations of law or privacy, hacking, computer viruses, gambling or other business activities requiring licensure not properly obtained, impersonation of originating messages ("spoofing"), breach of security, or any harassing or harmful materials or uses.

Information and materials posted by us are provided for general reference only and are not warranted to be free from errors, other deficiencies or potential interruptions. In addition, the Site may be used by others to post other information and materials, including changes or additions. We give no assurance whatsoever regarding the accuracy, integrity or quality of such information or materials. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. In no event should the availability of such information and materials be construed as an indication that it has been validated by us, nor shall we be liable in any way for the content posted on the Site.

If you submit any information to the Site, you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit pyramid schemes or chain letters or conduct gambling, (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, or (5) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

Should you decide to submit, enter or transmit through the Site information or materials of any kind, including, without limitation, ideas, concepts or techniques for new or improved services and products, you understand that such submissions are unrestricted and shall be deemed non-confidential. You are responsible for ensuring that you are authorized to make the transmission and that such information and materials may be accessed, used, copied, distributed and adapted by other users of the Site, including our company or our host providers, without liability or restriction. You are responsible for making sure all information and materials that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.

If you do post content or submit material, and unless we indicate otherwise, you agree that all rights, interest and title to such information and content shall belong to us. If by operation of law such information is not deemed to be our property, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable and assignable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content you post does not include any material that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any other party; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, post, transmit or otherwise make available through the Site, your use of the Site, or your violation of any rights of another.

We have the right, but not the obligation, to monitor, edit, or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

You are authorized to access, use and copy information and materials available through the Site for the limited purpose of posting information on the Site. The information and materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products. Violation of this policy may result in infringement of intellectual property and contractual rights of us or third parties which is prohibited by law and could result in substantial civil and criminal penalties. Any identified marks are trademarks of our company or our affiliates and may not be used without our written permission.

USE OF THIS SITE IS AT YOUR SOLE RISK AND PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES TO YOU FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SITES PROVIDED HEREUNDER OR FOR DAMAGES OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT WE CORRECT THE MATTER OR, IF WE FAIL TO DO SO, TO DISCONTINUE USE OF THE SITE AT YOUR OPTION. EXCEPT AS OTHERWISE STATED HEREIN, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PARTY WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL LOSSES OR DAMAGES INCLUDING MALFUNCTIONS, DELAYS, LOSS OF DATA, LOSS OF PROFIT, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS FOR ANY CAUSE OF ACTION UNDER OR RELATING TO THIS AGREEMENT, THE PERFORMANCE OR BREACH THEREOF, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred.

You agree to accept sole responsibility for any use of internet facilities conducted or permitted by you; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, servants, employees, or other users or accessees.

This Agreement will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to the conflicts of laws provisions thereof.

The party bringing an action to enforce the terms of this Agreement shall have the option of submitting the claim or controversy for resolution to a board of arbitration, consisting of one member, in Columbia, Maryland, in lieu of filing an action in a court of law. Such arbitration shall be conducted pursuant to the rules of the American Arbitration Association (the "AAA"), Commercial Rules (expedited version) or other governing rules and a decision of the board of arbitration (including an award of costs of the board) shall be final and binding upon the parties. The party submitting the claim to arbitration shall be responsible for payment of the filing fees and shall be responsible for advancing any arbitrator fees.

If the party bringing an action to enforce this Agreement opts to bring any claim or controversy in a court of law, both parties hereby consent to the exclusive jurisdiction of the courts of Howard County, Maryland, for any dispute arising out of our relationship, including violation of this Agreement.

Each provision of this Agreement shall be considered separable and if for any reason any provision or provisions herein are determined to be invalid or contrary to any existing or future law, such invalidity shall not impair the operation of this Agreement or affect those portions of this Agreement which are valid. The prevailing party in any action to interpret or enforce this Agreement, whether it be through arbitration or litigation, shall be entitled to an additional award for all costs, expenses, arbitrator fees, expert witness fees and attorneys fees reasonably incurred.

The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, Annotated Code of Maryland, Commercial Law § 22-101 et seq (“UCITA”), to the extent allowable by law. You agree that we shall be entitled to the use of self-help, including electronic self-help as those terms are defined in UCITA.

Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows: James Robinson, c/o WhirledView Co., P.O. Box 1005, Burtonsville, MD 20866

The failure of our company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

You agree that this Agreement is intended to be the final expression of the agreement between you and our company, and it constitutes the full and entire understanding between you and the company with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made.