If you have any questions about this Policy, please feel free to contact us.
By using the Service, you consent to the collection and use of your personal information as outlined in this Policy. As this Policy may be amended from time to time, you should visit this page periodically to review any changes to the Policy. Through your continued use of the Website after changes are made to the Policy, you accept the Policy as modified.
Information you provide – When you sign up for our Chelan by the Glass Mobile App, we ask you for personal information (such as your name, e-mail address and an account password and may require your date of birth, gender, telephone number, mailing/billing address, and zip code). At the time you register as a member or during your free trial period, we also may request credit card or other payment account information which we maintain in encrypted form on secure servers.
We also use your name, e-mail address and other information on our system to notify you of new videos in the Chelan by the Glass library, service notifications, events, and to solicit your feedback and input.
Activity Information – In order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the Chelan by the Glass Mobile App, including information about users accessing the Mobile App such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time. By using the Chelan by the Glass Mobile App, you consent to our retaining all of your Activity Information.
IP Address – An Internet Protocol (IP) address is a number that’s automatically assigned to your computer whenever you’re surfing the Web. We may retain your IP address in order to help us diagnose problems with our servers, to administer our Mobile App, to help identify you, to gather broad anonymous demographic information (such as the number of visitors from a geographic area), to enforce compliance with the Mobile App terms and conditions, or otherwise in order to protect our services, sites, customers, or others.
Log information – When you use the Chelan by the Glass Mobile App, our servers automatically record information that your browser sends whenever you visit a Mobile App. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User communications – When you send email or other communication to the Chelan by the Glass Mobile App, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
Links – The Chelan by the Glass Mobile App may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our Mobile App.
Other Mobile Apps – This Policy applies to Mobile Apps and services that are owned and operated by Chelan by the Glass, LLC. We do not exercise control over the Mobile Apps displayed as search results or links from within our various services. These other Mobile Apps may place their own cookies or other files on your computer, collect data or solicit personal information from you.
Personal information – We may use your personal information for the purposes described in this Policy and/or privacy notice for specific services. Such purposes include, but are not limited to:
Sharing information to our business partners who perform core services (such as hosting, billing, data storage, security, and reporting services) related to the operation of the Mobile App and Service;
Verifying your identity;
Following up with transactions initiated on the Mobile App;
Auditing, research and analysis in order to maintain, protect and improve our services;
Ensuring the technical functioning of our network; and
Developing new services.
Chelan by the Glass LLC processes personal information on its servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your country. Should we provide personal and non-personal information to third parties or persons for the purpose of processing personal information on our behalf, we require that these parties agree to process such personal information based on our instructions and in compliance with the appropriate confidentiality and security measures.
We may also disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Chelan by the Glass, LLC, (2) protect and defend the rights or property of CHELAN BY THE GLAS, LLC, or the users of the Mobile App, or (3) act under exigent circumstances to protect the safety of the public or users of the Mobile App.
Choices for personal information – When you sign up for the membership in the Chelan by the Glass App, we ask you to provide personal information. If we use this information in a manner different than those described in this Policy and/or in the specific service notices, then we will ask for your consent prior to such use.
If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, and you decline, Chelan by the Glass, LLC may not be able to provide its Service to you.
We do not currently maintain any procedures for you to review the information that we collect about you.
Information Security – We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Chelan by the Glass, LLC employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
However, please note that no data transmission over the Internet can be guaranteed to be 100% secure, so while Chelan by the Glass, LLC strives to protect your information, we cannot ensure or warrant the security of any information that you voluntarily give to or through Chelan by the Glass Mobile App and Chelan by the Glass, LLC.
Third party links, co-brand relationships and public forums – In an attempt to provide increased value to our visitors, Chelan by the Glass Mobile App and Chelan by the Glass, LLC may choose various third-party Mobile Apps to link to, link from, and frame within, the Mobile App. However, we have no control over these linked sites, each of who have separate privacy and data collection practices independent of Chelan by the Glass Mobile App and Chelan by the Glass, LLC. We have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such web sites. Please make sure you are comfortable with the privacy practices of every site you visit before providing the site with your personal information. These linked sites are only for your convenience and you therefore access them at your own risk.
We also may make forums and message boards available to you on the Mobile App. Please remember that we cannot control the information that is shared by members and that anything you voluntarily provide in any public area of the Internet will be publicly available to other visitors on that web site and potentially to other third parties. Thus, please note that you should always exercise caution when deciding to publicly disclose any of your personal information in these and similar areas.
Chelan by the Glass Mobile App and Chelan by the Glass, LLC regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Chelan by the Glass Mobile App’s treatment of personal information by contacting us.
When we receive formal written complaints at this address: admin@Chelanbytheglass.com. It is our policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Chelan by the Glass, LLC and an individual.
Chelan by the Glass Mobile App and Chelan by the Glass, LLC do not knowingly collect personally identifiable information from anyone under eighteen (18) years of age, but if we do become aware of having collected personally identifiable information from a user who is younger than eighteen (18) years of age, we will remove such information from our files.
Please note that this Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including email notification of Policy changes). Each version of this Policy will be identified at the bottom of the page by its effective date.
A complete statement of our Terms and Conditions of Use can be found on the Mobile App. Chelan by the Glass, LLC Terms and Conditions of Use are expressly incorporated into this Policy by this reference.
By using our Mobile App, you consent to the collection and use of information by Chelan by the Glass Mobile App and Chelan by the Glass, LLC as set forth in this Policy. If we decide to change our Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances we disclose it. Continued access or use of the Mobile App shall constitute your express acceptance of any modifications to this Policy.
Terms & Conditions:
Before you utilize any portion of Chelan by the Glass, LLC’s (CBTG) website Chelanbytheglass.com or mobile application (Mobile App) or create a User account, we thank you for reading this Informed Consent & Disclaimer that protects all of us. By utilizing the CBTG Mobile App or website you are acknowledging that you have read and agree to the following:
By becoming a User of Chelan by the Glass Mobile App, either by creating a User account or using the Mobile App without creating an account and using any services offered on or through the CBTG Mobile App or Website www.chelanbytheglass.com, I affirm that I have read this form in its entirety and I understand the nature of the risks of participating in any use of the Mobile App or Website. I acknowledge that I participate in the use and services on the CBTG Mobile App or Website at my own risk, and I will not hold CBTG, LLC responsible for any injuries or death, accidental or otherwise, during or arising in any way from my participation in the CBTG Mobile App or Website or its services that I may utilize, create or view, in consideration for being allowed to become a user. I understand that using the Mobile App or website is at my own risk.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the CBTG Mobile App or Website. By using the CBTG Mobile App or Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the CBTG Mobile App or Website) or you are a “User” (which means that you have registered on the CBTG Mobile App or Website as a User and user of the site and have access to User only content). If you do not accept the terms of this Agreement, you should leave the CBTG Mobile App or Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the CBTG Mobile App or Website. You agree to be bound by any modification to this Agreement when you use the CBTG Mobile App or Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a User, communicate with other Users and otherwise make use of the CBTG Mobile App or Website, you must read this Agreement during the registration process. In consideration of your use of the CBTG Mobile App or Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the CBTG Mobile App or Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CBTG, LLC reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and Usership on the CBTG Mobile App or Website is void where prohibited.
Content (as defined in Section 6 of this Agreement) on the CBTG Mobile App or Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of CBTG, LLC. CBTG, LLC reserve all rights not expressly granted in and to the CBTG Mobile App or Website and the Content.
You may access the CBTG Mobile App or Website and its content as available:
By providing information about yourself to CBTG, LLC you are representing that you are eighteen (18) years of age or older. Minors in your household participating in the use of the CBTG Mobile App or website are under your responsibility and safekeeping.
4. User Account, Password and Security
If you register on the CBTG Mobile App or Website, you will be required to choose a password and user name. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CBTG, LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from CBTG, LLC. CBTG, LLC will not be liable for any loss or damage arising from your failure to comply with this Agreement.
5. Prohibited Conduct
You agree not to use any portion of the CBTG Mobile App or Website inappropriately, or otherwise transmit content (including information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials) that:
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the CBTG Mobile App or Website in a manner that sends more request messages to the servers for CBTG, LLC in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
6. Responsibility for content
You are entirely responsible for all content that you post, email, transmit or otherwise make available via the CBTG Mobile App or Website. Under no circumstances will CBTG, LLC be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred at any time as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service.
7. Rejection/Removal of Content
You acknowledge that CBTG, LLC shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any content or portion thereof that is available via the CBTG Mobile App or Website, for any reason. Without limiting the foregoing, CBTG, LLC shall have the right to remove from the CBTG Mobile App or Website any content that violates this Agreement or is otherwise objectionable at its sole discretion.
8. Termination or Suspension of Account
You agree that CBTG, LLC may at any time and for any reason, including a period of account inactivity, terminate your access to the CBTG Mobile App or Website, or restrict or suspend your access to all or any part of the CBTG Mobile App or Website at any time, for any or no reason, with or without prior notice, and without liability.
10. Security Components
You understand that the CBTG Mobile App or Website and software embodied within the CBTG Mobile App or Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CBTG, LLC. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the CBTG Mobile App or Website.
Some of the software, data, logo, information, etc. on the CBTG Mobile App or Website is protected by a pending patent application.
11. Proprietary Rights
All materials on the CBTG Mobile App or Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by CBTG, LLC and/or other third parties. You acknowledge and agree that all Materials on the CBTG Mobile App or Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this CBTG Mobile App or Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without prior express written permission from CBTG, LLC’s. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the CBTG Mobile App or Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
12. Non-commercial Use
The CBTG Mobile App or Website may not be used in connection with any commercial purposes, except as specifically approved by CBTG, LLC. Unauthorized framing of or linking to any of the CBTG Mobile App or Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles and content without notice and may result in termination of Usership privileges.
13. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any content on or through the CBTG Mobile App or Website, you hereby grant to CBTG, LLC a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sub-license through unlimited levels of sub-licensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such content on and through the CBTG Mobile App or Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any content from the CBTG Mobile App or Website, your ability to do so may depend on the type of content, the location and manner of posting, and other factors. You may contact us to request the removal of certain content you have posted, but CBTG, LLC has no obligation to remove any such content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any content Posted by you may remain on CBTG, LLC servers after the content appears to have been removed from the CBTG Mobile App or Website, and CBTG, LLC retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all content posted by you on or through the CBTG Mobile App or Website, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your content on or through the CBTG Mobile App or Website does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
14. CBTG, LLC and Third Parties
Our CBTG Mobile App or Website contains content of CBTG, LLC. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through the CBTG Mobile App or Website.
Any reference to any third party on the CBTG Mobile App or Website is provided to you for informational purposes only. CBTG, LLC encourage you to conduct your own research and due diligence regarding such third parties and their products and services. CBTG, LLC works to ensure the information on the CBTG Mobile App or Website is current and accurate, we do not warrant the accuracy of any information contained on the CBTG Mobile App or Website or its fitness for any particular purpose.
15. Other Sites
16. International Use
Due to the global nature of the Internet and Mobile Apps, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
18. Infringement Policy
CBTG, LLC reserves the right in its sole discretion to immediately suspend and/or terminate access to the CBTG Mobile App or Website by any user who is alleged to have infringed on the intellectual property rights of CBTG, LLC or of a third party, or otherwise violated any intellectual property laws or regulations. CBTG, LLC’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want CBTG, LLC to delete, edit, or disable the material in question, you must provide all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CBTG, LLC to locate the material; (d) information reasonably sufficient to permit CBTG, LLC to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to CBTG, LLC by email with a return receipt acknowledgement.
19. User Disputes
You are solely responsible for your interactions with other Users. CBTG, LLC reserves the right, but has no obligation, to monitor or mediate disputes between you and other Users within our forums and comment sections.
20. Terms and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of the CBTG Mobile Apps or Websites. You may terminate your Usership at any time, for any reason, by following the instructions on the CBTG Mobile App or Website. If you cancel your Usership after 24 hours but before the end of the applicable billing cycle, you will not receive a refund for the current billing period. Access to the site ends the moment you terminate your Usership.
CBTG, LLC reserves the right to terminate your account or your access to the CBTG Mobile App or Website immediately, with or without notice to you, and without liability to you, if CBTG, LLC believes that you have breached any of the terms of this Agreement, furnished CBTG, LLC with false or misleading information, or interfered with use of the CBTG Mobile App or Website by others.
22. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE CBTG MOBILE APP OR WEBSITE SHALL BE AT YOUR SOLE RISK. THE CBTG MOBILE APP OR WEBSITE AND THE MATERIALS TO THE FULLEST EXTENT PERMITTED BY LAW, CBTG, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE CBTG MOBILE APP OR WEBSITE AND YOUR USE THEREOF. CBTG, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS CBTG MOBILE APP OR WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS CBTG MOBILE APP OR WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CBTG MOBILE APP OR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF CBTG, LLC SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CBTG MOBILE APP OR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CBTG MOBILE APP OR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CBTG MOBILE APP OR WEBSITE.
CBTG, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CBTG MOBILE APP OR WEBSITE OR ANY HYPERLINKED CBTG MOBILE APP OR WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CBTG, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. Limitation on Liability
IN NO EVENT SHALL CBTG, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CBTG MOBILE APP OR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF CBTG, LLC SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CBTG MOBILE APP OR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE CBTG MOBILE APP OR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CBTG MOBILE APP OR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CBTG, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CBTG, LLC SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
CBTG, LLC RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE CBTG MOBILE APP OR WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE CBTG MOBILE APP OR WEBSITE.
24. Exclusions and Limitations
Those who access or use the CBTG Mobile App or Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless CBTG, LLC, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the CBTG Mobile App or Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the CBTG Mobile App or Website.
26. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the CBTG Mobile App or Website, to obtain certain premium content through the CBTG Mobile App or Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
27. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the CBTG Mobile App or Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the CBTG Mobile App or Website.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CBTG, LLC without restriction.
29. Integration Clause
30. Waiver and Severability of Terms
The failure of CBTG, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
31. Statute of Limitations
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 CBTG Mobile App or Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
32. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and CBTG, LLC that arises in whole or in part from the CBTG Mobile App or Website shall be decided exclusively by a court of competent jurisdiction located in Chelan County Washington.
You agree that: (a) the CBTG Mobile App or Website shall be deemed solely based in Washington; and (b) the CBTG, LLC, CBTG Mobile App or Website shall be deemed a passive CBTG Mobile App or Website that does not give rise to personal jurisdiction over CBTG, LLC, either specific or general, in jurisdictions other than Washington.
33. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Chelan by the Glass, LLC reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the CBTG Mobile App or Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or the CBTG Mobile App or Website, please feel free to reach out to us via the contact us page in the Mobile App or Website.
Scope of terms:
Chelan by the Glass, LLC has created a Mobile App that enables Users to Create a Wine Tour and Enjoy Lake Chelan’s supporting entertainment and Businesses.
In order to use our Mobile App, the User must either sign in using a third-party application log-in, e.g. Facebook, or fill out a form and create a profile without a third-party application log-in.
Please note, that the User may use our Mobile App without signing up, in which case we will only collect data based on your consent to our policies listed within the Mobile App.
When registering via our online Mobile App, the User provides us with certain information, including email, password, username, telephone number, name, country of origin, preferred language, etc. When registering and signing in via third-party application login (such as Facebook), the User has authorized us to access certain account information from that third-party application, such as basic profile information; name, profile picture, e-mail address (optional), current city (optional), etc. Some of this information will never be made public. Other information can be either hidden by default (email address, country of origin) or public by default (name and profile picture if third party application sign up). Geolocation will not be disclosed, but the Users have the possibility to add a geotag when reviewing wines as a public user. The User can manage the visibility of this information under Profile Settings.
Users of the Mobile App will then be introduced to the various reviews on wines based on criteria provided by Users, and the Users may be able to buy, rate and review wine ratings.
The wine portion of the Mobile App is intended for use by adults of legal drinking age in the jurisdiction in which you reside. If we receive notice or reasonably believe that someone under the legal drinking age has provided us with personal information, we will promptly delete the account and all personal information that has been provided to us.
Chelan by the Glass as Mobile App provider:
The User is aware that use of the Mobile App is without any responsibility on Chelan by the Glass, LLC and as Chelan by the Glas, LLC is only providing the Mobile App as a service to create a tour, enable Users to read/review and recommend wines and if applicable to purchase wines from various third-party vendors.
Chelan by the Glass is a Mobile App provider only, and we are not obliged to provide any background check or qualification and no approval procedure, system or process towards the Users and/or the content of the Mobile App.
In no event shall Chelan by the Glass, LLC be liable (directly or indirectly) for any losses and damages resulting from communications between Users and possible third-party vendors.
The User’s Obligations:
The User must at all times:
Provide Chelan by the Glass with correct account information of name, address and e-mail address, etc.
Respect and comply with these Terms.
Avoid posting personal data concerning itself or others, including especially special categories of data (such as information about a person’s health, addictions or allergies) or transmitting any content that is offensive, inappropriate or illegal, or otherwise in conflict with these Terms.
Avoid posting any content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
Failure to comply with the above may resolve in our deactivation of User account and/or banishment from the Mobile App and/or the functionalities with any notice or without notice at the sole discretion of Chelan by the Glass, LLC.
Using the Mobile App, the App or some of the functionalities may be prohibited or restricted in certain countries. The User is responsible for complying with the laws and regulations of the territory from which the Mobile App is accessed or used.
Mobile App Functionalities:
In order to gain access to the functionalities of the Mobile App, the User must sign up and register as a User of the Mobile App.
The User is solely responsible for any content of reviews, posting pictures and information made available on the Mobile App and to the public.
The User solely is responsible for all interactions with other Users or other third-party vendors in connection with the Mobile App.
Maintenance and Support:
The User is responsible for installing any available updates to the App. We have no responsibility for incidents due to missing updates, or otherwise.
Chelan by the Glass’s Warranty
We do not provide any warranty unless specific and expressly stated.
Third-party terms may include applicable disclaimers.
Chelan by the Glass, LLC underlines that it offers no warranty, explicit or implied, regarding accuracy of any reviews or information regarding the wines.
Due to the nature of the services provided, in general no liability incurs with Chelan by the Glass, LLC as any potential liability shall lie with the Users.
If in extraordinary cases Chelan by the Glass, LLC should be liable, such liability is limited in the following ways:
no indirect loss is covered, including but not limited to loss of data, revenue loss, edition sales, etc.;
damages are under any circumstances limited to $1 USD.
only claims based on gross negligence or intent of Chelan by the Glass, LLC can be filed.
Chelan by the Glass is never liable for errors on the Mobile App, or underlying software, the services or any information provided by Users. The Mobile App and all its functionalities are provided to the User “as is”.
The limitations and exclusions in this section (Liability limitation) apply to the maximum extent permitted by applicable law.
Duration and Termination:
These Terms are in force for as long as the Users account is active.
Chelan by the Glass, LLC is entitled to terminate a user account immediately if the User violates the regulations of these Terms.
Chelan by the Glass, LLC’s rights to user content shall not be affected by the termination of the Terms or a user account.
These Terms may from time to time be amended at Chelan by the Glass, LLC’s sole discretion. Users are bound by any changes to the Terms when using the Mobile App after changes have been posted.
An updated version of the Terms will at all-time be available within the Mobile App.
If a clause in the Terms is not enforceable, the unenforceability of that clause will not affect any other sections of the Terms.
Law and venue:
These Terms and any disputes arising hereof, or other disputes or claims arising out of or in connection with the use of the Mobile App shall be settled in accordance with United States law by the City Court of Chelan County.