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Continuum Terms of Service
Last updated: October 19, 2021
- Updates. We may update the Terms at any time. It is important that you review the Terms for updates. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, stop using the Services. Our Services are evolving over time, so we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
- This Site is for Drinking-Age Adults Only. To use our Services, you must be of legal drinking age in the country where you reside. If you are not of legal drinking age in your country, or if your country does not permit consumption of alcoholic beverages, please exit the Site now.
Our site is not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from minors under age 18. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. OnGuardOnline – https://www.consumer.ftc.gov/features/feature-0038-onguardonline – has information about some of these third-party protections. Continuum does not endorse any such product or service. We encourage you to explore such options if children may have access to your online devices.
- Communications. When you send electronic communications to us, you are consenting to receive electronic communications from us, either by email, text, or posting information on the Site, and you agree that such communications will satisfy any legal requirement that such communications be in writing, and that they will be deemed delivered and effective when sent.
If you send us questions, comments, suggestions, ideas, feedback or other information about the Site, you agree that such submissions are not confidential, and we will be entitled to unrestricted use and dissemination of your submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Purchase Terms. If you purchase products through the Site, you acknowledge and agree that such purchases are subject to our Purchase Terms.
- Site Content. All of the content that appears on the Site, including all visuals, text, audio and video clips, software, and the design, selection and arrangement thereof (collectively, “Site Content”), are protected by copyright, trademark, publicity rights, and/or other intellectual property rights owned or licensed by Continuum. Site Content is provided through the Services “AS IS”, and you agree that the use of and reliance on any Site Content is at your own risk, and that under no circumstances shall Continuum be liable for any Site Content or for any loss or damage of any kind incurred as a result of your use of any Site Content.
- Your Use of the Services. Provided that you honor all of these Terms, Continuum grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and view the Site Content solely for your personal and non-commercial purposes. This license includes the limited right to download single copies of Site Content for your personal use only.
You may not:
(a) reproduce, adapt, publish, distribute, sell or rent any of the Site Content, except as explicitly allowed per the limited license above, or otherwise stated on the Site;
(b) copy, reverse engineer, translate, port, modify, or adapt any of the technology comprising the Site or the Services;
(c) attempt to access or search the Services or Site Content or download Site Content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Continuum or other generally available third-party web browsers;
(d) attempt to harvest or collect information about users of the Site;
(e) attempt interfere with or disrupt operation of the Site, or the servers, networks or other technology used to make the Site available, including by hacking, defacement, or distributed denial of service (DDoS);
(f) restrict others’ access to the Site;
(g) frame or mirror any Site Content for display elsewhere;
(h) incorporate any Site Content into any product or service;
(i) deep-link to the Site for any purpose, unless specifically authorized by Continuum;
(j) use any of Continuum’s trademarks as metatags; or
(k) otherwise use the Site, Site Content or Services for any fraudulent or illegal activity.
- Your User Name / Password. For any portion of the Services that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name and password.
- Links to Third Party Sites. The Site may contain links to third-party websites or resources. We provide these links only as a convenience and, except for our own content (for example, content posted by Continuum on social media), we are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites.
If you choose to access any third-party site, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT CONTINUUM IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.
- Accessibility. It is our policy to ensure that everyone, including persons with disabilities, has full and equal access to our Services. The Site is coded to be ADA compliant as measured by Google Lighthouse https://developers.google.com/web/tools/lighthouse. The Site is compatible with most major Internet browsers including Chrome, FireFox, and Safari. The Site may not perform optimally on Internet Explorer and older browser versions.
We use advanced accessibility technology, including AI-based optimizations and software, to improve compliance with the Web Content Accessibility Guidelines (WCAG) 2.1 AA https://www.w3.org/TR/WCAG21/. Continuum continues its efforts to constantly improve the accessibility of the Site and Services. Despite our efforts, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.
- Indemnity. You agree to indemnify and hold Continuum (and its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, or any activity related to your account (including negligent or wrongful conduct).
- DISCLAIMER OF WARRANTIES. CONTINUUM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES OR INACCURACIES OF THE SITE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCT(S), (c) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY CONTINUUM OR ANY THIRD PARTY, AND/OR (f) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, AND/OR SITE CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONTINUUM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, SITE CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITES LINKED TO FROM THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL CONTINUUM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM, OR CONNECTED IN ANY WAY WITH, THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THE SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONTINUUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, CONTINUUM’S LIABILITY TO YOU, IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY, SHALL NOT EXCEED $50 IN THE AGGREGATE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- New Jersey Users. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
- International Users. Users from outside the United States are responsible for complying with all laws of their own country, and for any violations of United States export controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.
- California Users. Users of the Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at the contact information listed below.
- Governing Law. The Site is operated and administered within the United States, and is not intended to subject us to the laws or jurisdiction of any other country or territory. These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of federal and state courts in the Northern District of California, U.S.A., for all disputes arising out of or relating to accessing or using this Services. Access to or use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys’ fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Continuum as a result of these Terms or use of the Services.
- Mandatory Arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement, or your use of the Site or Services (including all transactions), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be resolved through binding arbitration before a neutral arbitrator instead of a court, and you agree that Continuum and you are each waiving the right to a trial by jury. You agree that such arbitration will take place on an individual basis only, and you are giving up any ability to participate in a class action litigation or class arbitration.
If you decide to file a small claims action or arbitration, you must first send us a written notice of your claim, to the address listed below. If we initiate arbitration, we will send you a notice by the email you have provided to us, if any. Such a notice by either of us must (a) describe the nature and basis for the claim and (b) describe the specific relief sought (including a specific monetary amount, if the plaintiff is seeking monetary damages). If we do not reach an agreement with you to resolve the claim within 30 days after the notice is received, either one of us may submit the claim to small claims court or arbitration. If you are required to pay a filing fee, we will reimburse you for that fee unless your claim is for greater than $10,000, or the small claims judge or arbitrator determines that your claim is frivolous, in which case you will be responsible for the filing fee.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules – https://www.adr.org/consumer – as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than in-person appearances, unless the arbitrator determines, upon request from you or Continuum, that an in-person hearing is appropriate. In-person hearings will be held in a location determined by the arbitrator as most convenient to the parties, taking into account ability to travel.
The arbitrator’s decision will comply with the terms of this Agreement and will be final and binding. The arbitrator may award temporary, interim, or permanent injunctive relief, or specific performance, but only to the extent necessary to provide relief warranted by the claims before the arbitrator. The arbitrator’s award may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding the foregoing, nothing in this Agreement precludes you from bringing issues to the attention of federal, state, or local agencies, if applicable law allows.
If you do not want to be bound by this arbitration provision, you may opt out. In order to opt out, you must notify us in writing that you do not want to resolve disputes with Continuum by arbitration. Your notice must be delivered by U.S. Priority Mail or other carrier with delivery confirmation to Continuum’s address set forth below, within 30 days of the earlier of: (a) the date you first accessed the Site; or (b) the date you click on any button or box marked “accept,” “agree” or “ok” on the Site.
- Interpretation / Waiver. If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Continuum’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this these Terms shall affect Continuum’s right to comply with law enforcement requests or requirements. Continuum’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. A modification or waiver of any right or provision under these Terms will be effective only if in writing and signed by a duly authorized representative of Continuum. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- Termination. We may terminate your account or disable your access to the Services, at our sole discretion, at any time and without notice to you. You may terminate this Agreement and thus terminate your Account and relinquish your right to use the Services at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Services or your account, the following sections will survive: 7-Site Content, 8-Your Use of the Services, 12-Indemnity, 13-Disclaimer of Warranties, 14-Limitation of Liability, 18-Governing Law, and any other Terms necessary to handle any outstanding issues or claims.
- Contact Us. If you have any questions about these Terms or the Services, please contact us at:
Continuum Estate Customer Service
1677 Sage Canyon Road
St. Helena, CA 94574
707. 944. 8100
707. 963. 8959 fax