Terms & Conditions

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BEFORE YOU START TO USE THE SITE SINCE THEY AFFECT YOUR LEGAL RIGHTS.

Welcome to Tap Truck O.C.! Uncorked Concepts, LLC is the operator of www.taptruckoc.com (the “website” or “site”). Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone.

Tap Truck O.C. offers a wide range of events and services and part of the terms below may not be relevant to the specific services you use. Access to the website, use of the services, and purchase of products is subject to these Terms of Service and the Tap Truck O.C.’s Privacy Policy. By accessing, browsing, and using our website, you indicate your acceptance of the following Terms of Service and agreed to be bound and abide by said Terms. If you do not agree to these Terms, you should not use or access our website. We may alter, suspend, or discontinue this website or services in whole or in part, at any time and for any reason, without notice. The website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

WEBSITE CONTENT

Users have a personal, non-transferable, non-exclusive right to access and use the content of this website subject to these Terms of Service. The term “Content” means all information, text, images, data, links, software, or other material accessible through the website, whether created by us or provided by another person for display on the website.

The content may contain typographical errors, other inadvertent errors, or inaccuracies. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the website are subject to change at any time without notice.

You may view, copy, download, and print content that is available on this website or through the services, subject to the following conditions:

• The content may be used solely for internal informational purposes. No part of this website or its content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

• The content may not be modified.

• Copyrights, trademarks, and other proprietary notices may not be removed.

Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any content displayed on this site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third-party that may own the trademark or copyright of material displayed on this website.

RESTRICTIONS AND AVAILABILITY

By using our website, you represent and warrant that you are located within the United States and agree to be bound by the laws of the United States of America. This site is intended for users that are situated in the United States; we currently do not offer our services to consumers that are outside of the United States. 

Our services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

ELECTRONIC COMMUNICATION

If you elect to provide your contact information through the Tap Truck O.C. website, you agree to receive emails that may include newsletters, announcements, promotions, and other similar electronic communication. You may opt-out from electronic correspondence by emailing taptruckoc@gmail.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

STANDARDS OF CONDUCT

By accessing our website, you agree to abide by the following standards of conduct. Tap Truck O.C. reserves the right to investigate and take appropriate legal action against anyone who, at our sole discretion, violates this provision, including without limitation, removing the offending content, suspending, or terminating the account of such violators, and reporting you to authorities. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our website to:

• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, racist, excessively violent, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, invasive of another’s privacy or otherwise objectionable, as determined by Tap Truck O.C..

• Use a name or language that Tap Truck O.C., in its sole discretion, deems offensive.

• Harass, threaten, or intentionally embarrass or cause distress to another person or entity.

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Promote, solicit, or participate in any unsolicited or unauthorized advertising, commercial activities and/or sales, “junk mail”, “SPAM”, “chain letters”, “pyramid schemes”, “sweepstakes” or any other form of solicitation. 

• Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.

• Introduce viruses, worms and/or other harmful code to the website.

• Obtain unauthorized access to any computer system through the website.

• Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the website or Service.

• Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 18 years of age).

• Violate any federal, state, local, or international law or regulation.

• Encourage conduct that would constitute a criminal or civil offense.

PROMOTIONS & AVAILABILITY

Tap Truck O.C. reserves the right, with or without prior notice, to do any one or more of the following:

1.  Limit the available quantity of or discontinue any vehicle, service, or package;

2.  Impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion;

3.  Refuse to provide any user with any vehicle, service, or package.

LIMITATION OF LIABILITY

Under no circumstances shall Tap Truck O.C. or its Controlling Entities, Officers, Directors, Employees, or Affiliates be liable to any user of this website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of our services, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses.

INDEMNIFICATION

By using this website, our services, or supplied products, you agree to indemnify, hold harmless and defend Tap Truck O.C. from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this website, services, or products by you or any other person accessing the website using your member login account.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, all content contained on this website is the property of Tap Truck O.C. and/or its affiliates or licensors and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

COPYRIGHT INFRINGEMENT

If you believe that any materials on this website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:

1.  Identification of the copyrighted information that you believe to be infringed, including a description of the data and, where possible, a copy or the location of an authorized version of information.
 

2.  Identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material.
 

3.  Your name, address, telephone number, and email address.
 

4.  A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
 

5.  A statement that the information in your claim is accurate.
 

6.  A statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. 

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this website who are repeat infringers.

DISCLAIMER OF WARRANTY

Under no circumstances will Tap Truck O.C. be held liable for any loss or damage caused by your interpretation of any information and/or content on this website.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, TAP TRUCK O.C. DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

LINKS TO THIRD-PARTY WEBSITES

This website may contain links to third-party sites that are provided to you as a convenience. Any outside website accessed from www.taptruckoc.com is independent from us and we have no control over the content of such sites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third-party websites.

NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Tap Truck O.C. of that third-party or of any product or service provided by a third-party. Likewise, a link to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such a website. Tap Truck O.C. does not endorse, warrant, or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this website, and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

ARBITRATION AND ENFORCEMENT

These Terms of Service shall be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law.

In the event of a dispute arising under or relating to these terms of service, our website, or any products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by arbitration conducted in the English language in Orange County, California under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, Tap Truck O.C. shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of California or any other court of competent jurisdiction as necessary to protect Tap Truck O.C.’s proprietary interests. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between Tap Truck O.C. and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

SEVERABILITY

To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and Tap Truck O.C. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Tap Truck O.C.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services 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. Please contact us at taptruckoc@gmail.com to report any violations of these Terms of Service or to pose any questions regarding this Service.

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

UPDATED: December 22, 2023