Reservation Terms and ConditionsTerms of Service
Last updated September 22, 2014
The following Terms of Service the terms and conditions that apply to the Gift Certificates, Class Reservations, or Private Party deposits. By using your Sites, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
The Pinot’s Palette Gift Certificate is issued to you by Pinot’s Palette. It allows you to load a dollar value onto a Pinot’s Palette Gift Certificate for a future purchases at any Pinot’s Palette Studio. The dollar value that you load onto your Pinot’s Palette Gift Certificate is a prepayment only for the goods and services of a studio. No credit card, credit line, overdraft protection or deposit account is associated with a Pinot’s Palette Gift Certificate. Unless otherwise required by law or permitted by this agreement, any amount on your Pinot’s Palette Gift Certificate is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to a Pinot’s Palette Gift Certificate will accrue or be paid or credited to you by Pinot’s Palette. The value associated with the Pinot’s Palette Gift Certificate is not insured by the Federal Deposit Insurance Corporation (FDIC).
All Pinot’s Palette studios accept the Pinot’s Palette Gift Certificate. We reserve the right not to accept any Pinot’s Palette Gift Certificate or otherwise limit use of a Pinot’s Palette Gift Certificate if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Each Gift Certificate has a unique Pinot’s Palette Gift Certificate order number and only one gift certificate account associated with it no matter how many times the email is printed out.
Fees and Expiration of Gift Certificate Balance
Pinot’s Palette does not charge any fees for the issuance, activation or use of your Pinot’s Palette Gift Certificate. Your Pinot’s Palette Gift Certificate has a list expiration date.
Receipts and Statements
Gift Certificate holders are not sent statements of itemized transactions from a Pinot’s Palette Gift Certificate. You can check the balance of your Pinot’s Palette Gift Certificate or review recent transactions on your Pinot’s Palette Gift Certificate by calling your local studio. You will need to have your Pinot’s Palette Gift Certificate number available in order to access your account. You should keep your receipts and check your online statement to ensure that your account balance is correct
Billing Errors, Corrections
We reserve the right to correct the balance of your Pinot’s Palette Gift Certificate if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Pinot’s Palette Gift Certificate, please call your local studio. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and Pinot’s Palette Gift Certificate balance closely.
Registration, Liability for Unauthorized Transactions
Because your Pinot’s Palette Gift Certificate is used like cash for purchases from Pinot’s Palette, you are responsible for all transactions associated with your Pinot’s Palette Gift Certificate, including unauthorized transactions. However, if your Pinot’s Palette Gift Certificate is lost, stolen or destroyed, the Card can be replaced with the balance remaining on it at the time of your call.
If your Pinot’s Palette Gift Certificate becomes lost, stolen or damaged, you should contact us immediately by calling your local studio. Your Pinot’s Palette Gift Certificate balance is only protected from the point in time you notify us that your Pinot’s Palette Gift Certificate is missing. We will freeze the remaining balance on your Pinot’s Palette Gift Certificate at the time you notify us and will load that remaining balance on a replacement Pinot’s Palette Gift Certificate
For information concerning how we collect, use and disclose information concerning the Pinot’s Palette Gift Certificate and how to select privacy preferences regarding certain promotional communications, you should refer to our privacy statement or call your local studio and ask us to mail you a copy.
Changes to This Agreement
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. We will post the terms to the modified agreement on our website. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our website. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Pinot’s Palette Gift Certificate. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice, or (2) you use your Pinot’s Palette Gift Certificate after such notice period. If you do not accept the changes, additions or deletions, your Pinot’s Palette Gift Certificate will be cancelled and any amounts remaining on your Pinot’s Palette Gift Certificate will be refunded to you.
Cancellation of This Agreement
We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Pinot’s Palette Gift Certificate. If we terminate this agreement without cause, we will refund or issue class credits equal to the balance held in your Pinot’s Palette Gift Certificate less any amounts that you may owe us.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your use of a Pinot’s Palette Gift Certificate will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to us by contacting our Customer Service department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online atadr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Houston, Texas and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Governing Law – Texas
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
Pinot’s Palette and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Pinot’s Palette Gift Certificate, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Pinot’s Palette does not represent or warrant that your Pinot’s Palette Gift Certificates will always be accessible or accepted.
In the event that Pinot’s Palette Gift or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Pinot’s Palette Gift Certificate. Pinot’s Palette and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Pinot’s Palette or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Pinot’s Palette Gift Certificate through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
Entire Agreement, Construction
This agreement is the complete and exclusive statement of agreement between you and Pinot’s Palette Franchise LLC, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
Inquiries or Questions
If you have any questions regarding this agreement or your Pinot’s Palette Gift Certificate call your local studio.
Private Party Deposits
Deposits are required to reserve a studio’s main or private room. Each studio has a minimum number of painters per room that must be met to receive a full deposit refund. Deposits are non-refundable due in the event of cancellation or rescheduling. Deposits are partially refundable once the balance of the party has been paid which can include but is not limited to; the studios minimums number of painters, room fees, custom painting fees, etc.. If you have any other questions about the studios deposit policy, please reach out to the Pinot’s Palette studio you wish to have your event.
© 2014 Pinot’s Palette Franchise LLC. All rights reserved. PINOT’S PALETTE and the Pinot’s Palette Logo are trademarks of Pinot’s Palette Franchise LLC. All other trademarks are the property of their respective owners.
Website Terms and Conditions of Use
2. Proprietary Rights
Notwithstanding anything to the contrary herein, Pinot’s Palette 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
- 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.
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 Pinot’s Palette 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 PINOT’S PALETTE 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.
THE MATERIALS ON THE SITE ARE PROVIDED “AS IS”. PINOT’S PALETTE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, PINOT’S PALETTE 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.
IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PINOT’S PALETTE 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 PINOT’S PALETTE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.
8. Revisions and Errata
The Materials appearing on the Site may include technical, typographical, or photographic errors. Pinot’s Palette does not warrant that any of the Materials on the Site are accurate, complete, or current. Pinot’s Palette may make changes to the Materials contained on the Site at any time without notice. Pinot’s Palette does not, however, make any commitment to update the Materials.
Pinot’s Palette 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 Pinot’s Palette of such website, and the use of any such linked web site is at Your own risk.
11. Governing Law