Terms of Agreement

Terms of Agreement

REFUND Policy

Brushes N’ Vino® and its subsidiaries (Brushes & Vino, Brushes and Vino) 
All sales are final.  Event ticket purchases are transferable.  In the event your purchased event is rescheduled you may request a full refund or transfer you event ticket purchase to another upcoming event.  If a customer decides to cancel his/her attendance by not showing up or advises Brushes N’ Vino® and its subsidiaries (Brushes & Vino, Brushes and Vino), they may transfer their tickets to an upcoming event, and this matter is not eligible for a refund.


LEGAL NOTICE

All notices from Brushes N' Vino and its subsidiaries (Brushes & Vino, Brushes and Vino) to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino)  shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at:

Delivery shall be deemed to have been made by You to Brushes n' Vino five (5) days after the date sent.


COPYRIGHT NOTICE


All content appearing on this Web site is the property of:
 Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino) 
Copyright © 2016  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino).   All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2016  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino). All rights reserved.


TRADEMARKS


All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino). Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino)  or any third party, except as expressly granted herein.


TERMS OF USE

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice.  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino)  reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino) believes that customer conduct violates applicable law or is harmful to the interests of  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino) 

Website Terms and Conditions of Use

1. Terms

By accessing this website (the “Site”), the person(s) accessing the Site (“You” or “Your”) is agreeing to be bound by, and responsible for compliance with, the Website Terms and Conditions of Use (the “Terms of Use”) of Brushes N' Vino, its franchise studios, affiliated companies, and its authorized agents, employees and assignee's (collectively, “Brushes N' Vino”) and all applicable laws and regulations, including applicable local laws. If You do not agree with any of the Terms of Use, You are prohibited from using or accessing the Site. The Materials contained in the Site are protected by applicable copyright and trademark laws.

2. Proprietary Rights

Notwithstanding anything to the contrary herein, Brushes N' Vino owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, text, and software), code and date on the Site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights and other intellectual property and proprietary rights therein (collectively, the “Materials”). Your use of the Site does not grant to You ownership of the Materials that You may access on or through the Site.

3. Use License

Permission is granted to access and view the Materials and, unless otherwise indicted in these Terms of Use, download one (1) copy of the Materials for personal, non-commercial transitory viewing only (the “License”). The License is not a transfer of title. Under the License, You may not:

  • Modify the Materials or copy the Materials more than one (1) time;
  • Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • Attempt to decompile or reverse engineer the Materials;
  • Remove any copyright or other proprietary notations from the Materials; or
  • Transfer the Materials to any other person, or “mirror” the Materials on any other server.

The License shall automatically terminate if You violate any of the Terms of Use. The License may be terminated by Brushes N' Vino at any time. Upon termination of the License, You must destroy any downloaded or copied Materials in Your possession whether in electronic or printed format.

4. Chargeback Policy

All references to a “chargeback” refer to a reversal of a credit or debit card charge placed on the Sites and/or at the Services initiated by You. There is no reason for a chargeback to ever be filed. If You feel that Your credit or debit card was used fraudulently on the Sites or at the Services, please contact Brushes N' Vino for immediate resolution.

YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT OR DEBIT CARD ON THE SITES OR AT THE SERVICES. IF YOU CHARGEBACK A CREDIT OR DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU OR ANY AUTHORIZED USER OF THE CREDIT OR DEBIT CARD, YOU AGREE THAT BRUSHES N' VINO MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO FEES BY ANY MEANS DEEMED NECESSARY, INCLUDING, BUT NOT LIMITED TO, RECHARGING YOUR CREDIT OR DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.

5. Disclaimer

THE MATERIALS ON THE SITE ARE PROVIDED “AS IS”. BRUSHES N' VINO MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, BRUSHES N' VINO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR ON ANY SITES LINKED TO THE SITE.

6. Limitations

IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BRUSHES N' VINO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF BRUSHES N' VINO HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

7. Indemnification

You agree to defend, indemnify and hold Brushes N' Vino harmless from any and all claims, demands, causes of action, costs, expenses, attorney’s fees, damages or liabilities of any kind arising out of or relating, in whole or in part, to the use or inability to use the Site or the Materials on the Site, or Your breach or violation of the law or of these Terms of Use.

8. Revisions and Errata

The Materials appearing on the Site may include technical, typographical, or photographic errors. Brushes N' Vino does not warrant that any of the Materials on the Site are accurate, complete, or current. Brushes N' Vino may make changes to the Materials contained on the Site at any time without notice. Brushes N' Vino does not, however, make any commitment to update the Materials.

9. Links

Brushes N' Vino has not reviewed all of the websites linked to the Site and is not responsible for the content of any such linked websites. The inclusion of any link to a website does not imply endorsement by Brushes N' Vino of such website, and the use of any such linked web site is at Your own risk.

10. Terms of Use Modifications

Brushes N' Vino may revise the Terms of Use for the Site at any time without notice. By accessing the Site, You are agreeing to be bound by the then-current version of the Terms of Use.

11. Governing Law

Any claim relating to the Site or the Terms of Use shall be governed by the laws of the State of California America without regard to its conflict of law provisions.


PRIVACY POLICY

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice.  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino) reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino)  believes that customer conduct violates applicable law or is harmful to the interests of  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino) 


SHIPPING AND DELIVERY

At this time, Brushes n' Vino ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Brushes n' Vino ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.


INTERNATIONAL

Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products.   Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino) is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.


SALES TAX

Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino) charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.


WARRANTIES

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site.  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino)  makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino)  SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino)  BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- OR Depending on State --
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchant-ability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino).
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied.  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino) is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino).
The inclusion of material on this server does not imply any endorsement by  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino), which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino)  tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.


REFUND POLICY

 Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino) 
All sales are final.  Event ticket purchases are transferable.  In the event your purchased event is rescheduled you may request a full refund or transfer your event ticket purchase to another upcoming event.  If a customer decides to cancel his/her attendance by not showing up or advises Brushes N' Vino and its subsidiaries (Brushes & Vino, Brushes and Vino), they may transfer their tickets to an upcoming event, and in this matter will not be eligible for a refund. 
You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options).  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino) reserves the right to change its payment procedures at any time without prior notice to you.


MISCELLANEOUS

VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions.  Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino)   and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of   Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino) shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Brushes n' Vino with respect to this Web site. The Terms and Conditions super-cede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Brushes n' Vino with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Brushes N' Vino  and its subsidiaries (Brushes & Vino, Brushes and Vino).  If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.  Brushes N’ Vino® is not a child care provider and therefore are not responsible for disciplining your Children or any guests of yours that are children.  Parents must be present in the same room as their children.  The artist of Brushes N’ Vino® are Artists, therefore are not childcare providers.    

Public Events are subject to rescheduling if total attendees are less than 8 people.   All restaurant vendors require a $15.00 minimum food or beverage purchase per person, unless specified differently. 

Class information

WE WELCOME ALL AGES AND HAVE SELECT EVENTS FOR CHILDREN AND ADULTS.  ALL SKILL LEVELS ARE ENCOURAGED TO CREATE AT  Brushes N’ Vino®. 

ALL MATERIAL IS INCLUDED AND YOU WILL BE ABLE TO TAKE HOME YOUR FINAL CREATION.  WINE, BEER, ALCOHOLIC BEVERAGES, AND FOOD ARE NOT INCLUDED IN THE EVENT PURCHASES, HOWEVER, ARE AVAILABLE FOR PURCHASE AT ANY OF OUR RESTAURANT VENUES. 

YOU MUST BE 21 YEARS OLD OR OLDER TO PURCHASE ALCOHOL.  


EVENTS ARE SUBJECT TO RESCHEDULING IF THERE ARE LESS THAN 8 ATTENDEES.