Terms of Service
The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you and the Company. In order to use the Service (defined below) and the associated Application (defined below) you must agree to the Terms and Conditions that are set out below. By using or receiving any services supplied to you by PACIFIC ENTERTAINMENT NETWORK, LLC (collectively, the "Service"), and downloading, installing or using any associated application supplied by PACIFIC ENTERTAINMENT NETWORK, LLC which purpose is to enable you to use the Service (collectively, the "Application"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at the PACIFIC ENTERTAINMENT NETWORK, LLC website (https://pacificentertainment.net), its Subsidiaries, or through the Service.
The terms of service and assumption of risk apply to Pacific Entertainment Network LLC and all associated d/b/a’s, sponsors, officers, officials, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entities associated with the Company. The individual making the reservation will be further known as the “Host”. Individuals invited to the tour or other accompanying persons to the Host will be further known as a “Guest” or collectively known as “Guests”. Any activity pertaining to the reservation made by the Host will further be known as “Tour”.
The Company is willing to license, not sell, the PACIFIC ENTERTAINMENT NETWORK, LLC Application to you only upon the condition that you accept all the terms contained in this Agreement. By signing up with or by using the PACIFIC ENTERTAINMENT NETWORK, LLC Application, you indicate that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then the Company is unwilling to license the PACIFIC ENTERTAINMENT NETWORK, LLC application to you.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
REPRESENTATIONS AND WARRANTIES
Users agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that advertises any illegal service or the sale of any items which are prohibited or restricted by the laws of your State; c) attempt to gain unauthorized access to PACIFIC ENTERTAINMENT NETWORK, LLC computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the PACIFIC ENTERTAINMENT NETWORK, LLC website. By using the Application or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application and Service. Without limiting the foregoing, the Service and Application is not available to children (persons under the age of 18). By using the Application or Service, you represent and warrant that you are at least 18 years old. By using the Application or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Application is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Application or Service you agree to comply with all applicable laws from your home nation, country, state and city in which you are present while using the Application or Service.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.
By using the Application or the Service, you agree that:
- You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service or Application in any way whatsoever.
- You will not copy, or distribute the Application or other content without written permission from the Company.
- You will only use the Application and Service for your own use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
- You will provide us with whatever proof of identity we may reasonably request.
- You will only use an access point or data account (AP) which you are authorized to use.
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by sending an email through https://pacificentertainment.net/contact; Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for Washington residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Washington and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice through the “contact us” section of https://pacificentertainment.net/contact with “Legal” in the subject line within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
This User Agreement constitutes the entire agreement between you and Pacific Entertainment Network, LLC and governs your use of the Service, superseding any prior agreements between you and Pacific Entertainment Network, LLC . The User Agreement and the relationship between you and Pacific Entertainment Network, LLC shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Pacific Entertainment Network, LLC agree to submit to binding arbitration for any dispute arising out of your relationship with Pacific Entertainment Network, LLC and that such arbitration will take place in the City of Costa Mesa, California. The failure of Pacific Entertainment Network, LLC to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by an arbitrator to be invalid, the parties nevertheless agree that the arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect. 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 Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Provisions for Hosts and Guests
Cancellation Policy : All deposits by Host or third party are non-refundable and non transferrable. Deposits are billed upon booking your Tour. The deposit will be credited at the time of billing (three days prior to Tour). Tour must be cancelled at least three days prior to your scheduled reservation date. In the event that Tour is cancelled with less than three days notice, you will be charged the full amount for the Tour and all reserved passengers.
RSVP & “Guest” Count Policy : Host of a party must notify the Company at least three days prior to your Tour of any guest list changes. In the event that the Company is not notified of any no shows or attendees who do not show, the Host will be charged for the unaccounted reserved Guests. Any payment methods of Guests that decline on the purchase deadline date of three days prior to the Host reserved date will be billed to the Host. The Host is solely responsible for any unpaid balances from discrepancies in final Guest count. It will be the Host responsibility to collect payment if desired from Guest payment who has declined, or inputted incorrectly. Drivers, vendors, on any person unless designated by the Company do not accept any forms of payments on the Tour.
Rescheduling a New Tour Date : Rescheduling of a Tour date must be done within 7 days of your reservation in order to avoid forfeiting the Host deposit of $99.00. Any rescheduling of Tour done within the 7 day window will require a new deposit by Host.
Footwear Policy : Guests may be required to wear closed toed shoes. In any situation in which close toed shoes are required and a Guest does not have closed toed shoes, the purchase price, if purchased additionally will be forfeited by the Guest or Host.
Transportation Overtime Policy : Each Tour comes with a set time of inclusive transportation. The transportation time includes the reserved pick up time to the assigned drop off time of the Tour. The included Tour transportation time begins at the reserved time made by the Host. In the event Host or Guests are late to the scheduled pickup time, that time is considered lost time on the Tour. In the event a Tour runs over the included time, the Host will be charged a standard hourly overage rate in accordance with rates listed below. The hourly overage rate varies by vehicle and is charged to the Host on the half hour over the included Tour time. Time and schedule management is the sole responsibility of the Host. the Company staff or affiliate companies are not responsible for any overage time or missing of scheduled appointments.
Transportation Overage Rates
- 02-10 passengers $85.00 per hour
- 11-15 passengers $145.00 per hour
- 16-35 passengers $175.00 per hour
- 36-56 passengers $205.00 per hour
Damages to Vehicles : Any damages to vehicles that occur during the Tour will be billed to the Host. This can include but not limited to: broken glasses, torn seats, spilling of excess beverages or fluids in the vehicle. It is the Host and Guest responsibility to report any damages prior to the start of the Tour, and found damages deemed unreasonable post Tour will be the responsibility of the Host. Any spilling of fluids or damage beyond reason will be subject to a $300.00 cleaning fee. Any broken or missing glassware will be replaced at the expense of the customer at $25.00 per glass.
Chargeback and Refund Policy : The Host and Guest agrees any chargebacks or refunds must have written consent by a designated representative of Pacific Entertainment Network LLC. Without written consent any chargebacks or refunds processed with your bank are deemed invalid. All payments are final and undisputed unless with written consent by a legal representative of the Company.
Gratuities : Driver, tour guides, and establishment gratuities (when applicable) are automatically added to Host and Guest bill in the amount of 20%. This amount can be viewed in your original confirmation email.the Company or any associated companies are not responsible for any additional cash gratuities you may give to drivers, tour guides, or establishment staff. Drivers, tour guides, and establishment staff (when applicable) receive the gratuities automatically billed to you. Any additional cash gratuities will be considered extra.the Company and associated companies are not liable for any extra gratuities given to said parties.
Late Fees : The Company schedules appointments for Tour at each stop, some third party vendors will charge for any appointments late greater than 20 minutes. If Host party is late and the Company is billed a late fee of $30.00. The said fee will be passed down to the Host. Host agrees to pay any late fees for scheduled appointment times.
Assumption of Risk Agreement
This is a legally binding release, waiver of liability and Assumption of the Risk Agreement (the “Agreement”). Please read it carefully before signing. In consideration for Pacific Entertainment Network, LLC, a California limited liability company ("the Company") , d/b/a OC Wine Tours (“OCWT”) , d/b/a OC Brewery Tours (“OCBT”) agreeing to take an individual (“Guest”) on a sightseeing and wine/brew tasting tour (“Tour”), Guest agrees to the following terms and conditions:
Guest both acknowledges and agrees to the presence and consumption of alcohol while on a wine/brew tasting tour, which involves potentially dangerous activities. Guest assumes the risks associated with the Tour activities.
Guest assumes the risks associated with alcohol consumption and takes full responsibility for his or her own actions, safety and welfare. Guest further understands that he or she will be a member of a group and that Guest will conduct himself or herself in a way that does not endanger Guest or the group.
Guest agrees to exercise ordinary and reasonable care at all times, and to not imbibe alcohol to the extent that Guest’s judgment is impaired. Guest understands and acknowledges that many of the Company activities on the Tour involve the consumption of alcohol, including, but not limited to, various wines, beers and champagnes. Guest understands the potential risks associated with the consumption of alcohol and acknowledges that Guest does not have or is not aware of any medical condition(s) that would prevent Guest from consuming alcohol or would result in any injury or damage to Guest as a result of Guest’s consumption of alcohol. Guest acknowledges and agrees that the Company shall not be responsible or liable for any accident, injury, theft, loss or damage caused by Guest’s impaired judgment or negligence. Guest waives any claim which Guest, Guest’s heirs, successors assigns, spouse, family members or legal representatives may have against the Company arising from or as a result of any such accident, injury, theft, loss or damage caused by Guest’s impaired judgment or negligence.
Guest acknowledges that it is Guest’s responsibility to provide for Guest’s own accident and health coverage while participating on the Tour.the Company does not provide for any accident or health coverage for any of its Guests.
Guest understands and acknowledges that the Tour involves transportation by various motor vehicles, including, but not limited to shuttle, van or bus transportation. Guest acknowledges and understands the inherent risks associated with these methods of transportation and acknowledges that Guest does not have any medical condition(s) that would prevent the Guest from using these methods of transportation or result in any injury or harm to Guest as a result of using these methods of transportation. Guest understands that the Company assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles or transportation operated by a third party transportation vendor.
In consideration of Guest’s participation in the various activities that comprise the Tour, Guest understands and accepts the risks associated with participation in these various activities and agrees that neither the Company, nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entities associated with the Company, will be liable for any personal injury, death or damage of any kind whatsoever.
Guest agrees and acknowledges that the Company shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the Tour by the Guest, which may occur on or during the Tour. Guest hereby expressly waives any claim which the Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives may have against the Company arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that the Guest brings on the Tour is brought at the Guest’s sole risk and is the Guest’s sole responsibility.
Guest assumes the risk of and releases, defends, and holds the Company harmless for any liability, for any death, physical or other injury, loss, or harm suffered by during or as a consequence of Guest’s participation or presence in or on any activity that comprises the Tour under any circumstances unless caused by the Company’s gross negligence or intentional malfeasance. Therefore, the Guest agrees to indemnify, defend, and hold the Company harmless against any liability, damages, defense costs (including attorneys’ fees), or from any other costs incurred in connection with any claims for bodily injury, wrongful death, or property damage brought by Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives, except to the extent that any loss or damage is caused by the Company’s gross negligence or intentional malfeasance.
This Agreement shall be binding on Guest’s agents, heirs, and successors or assigns, and shall apply to all sponsors, officers, officials, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entities associated with or connected to the Company in anyway.
Guest acknowledges and agrees that Guest has read and agrees to the Terms & Conditions as found on the website.
Guest hereby gives full consent to the Company to use and publish Guest’s likeness on the Company’s advertisements; Guest acknowledges that the Company does not have to compensate Guest in any way for the use of Guest’s likeness on the Company advertisements. Likenesses include, but are not limited to photographs, images, renderings, and drawings of Guest. Advertisements include, but not limited to the Company’s website as well as any brochures, bulletins, digital advertisements, web-based advertisements, and printed advertisements in newspapers and/or magazines.
Guest agrees that under no circumstances shall the Company be liable for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if the Company was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by the Company.
To the fullest extent permitted by Law, all parties to this agreement voluntarily and knowingly, WAIVE THE RIGHT TO A TRIAL BY JURY after consulting with counsel (or after having waived the opportunity to consult with counsel).
THE RIGHT TO A TRIAL BY JURY IS A RIGHT PARTIES WOULD OR MIGHT OTHERWISE HAVE HAD UNDER THE CONSTITUTIONS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA. THIS WAIVER APPLIES IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING DIRECTLY OR INDIRECTLY TO THE TERMS OF THIS AGREEMENT. The parties’ reciprocal agreement to the waiver set forth in the foregoing sentence is a material inducement to the parties’ respective agreements to the other terms of this Agreement.
The parties to this agreement agree to cooperate by supporting and fully participating in all efforts to resolve disputes, complaints, claims and other problems that arise or are related to this agreement through mediation or through binding arbitration. THE PARTIES MAKE THE FOREGOING COMMITMENT WITH FULL KNOWLEDGE THAT BY AGREEING TO SUBMIT DISPUTES TO BINDING ARBITRATION, THE PARTIES ARE AGREEING NOT TO RESORT TO THE COURTS OR THE JUDICIAL SYSTEM, AND ARE WAIVING THEIR RIGHTS TO DO SO. Should the parties not be able to resolve their dispute through mediation, each party will voluntarily submit to binding arbitration and shall appoint their own arbitrator.
Guest acknowledges and agrees that all issues and questions concerning the construction, validity, interpretation, and enforceability of this Agreement or the rights and obligations of any Guest in connection with any Tour shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or country’s laws.