Terms & Conditions
West Wind Terms & Conditions
These Terms and Conditions govern use of the West Wind website. The West Wind website (the “Site”) is an online store where you can purchase movie tickets provided by, or through, Syufy Enterprises, a California limited partnership, d/b/a West Wind Drive-Ins. (“West Wind,” “us,” “our,” “we”) subject to your compliance with the Terms and Conditions set forth below.
Please read the following information carefully before using the Site. By clicking “I agree to the Terms and Conditions” you agree that you have read and understand these Terms and Conditions and are bound by them, as changed periodically. West Wind reserves the right, in its sole discretion, to modify, alter, or otherwise update this agreement at any time. By clicking “I agree” when using the West Wind webpage at westwinddi.com, after any changes to these Terms and Conditions have been posted, you accept those changes.
Any changes to the Terms and Conditions will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If you do not agree to any change(s) to the Terms and Conditions, you must notify West Wind to terminate your Account.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND WEST WIND WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
THE INFORMATION, PRODUCTS AND SERVICES ON THE SITE WEST WIND ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. WEST WIND DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THE SITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, ONLINE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WEST WIND WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE SITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, WEST WIND CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE.
WEST WIND CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
4.2 No Warranty: THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WEST WIND MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE SITE OR THE MATERIALS, INFORMATION, OR FUNCTIONS MADE ACCESSIBLE. WEST WIND ASSUMES NO RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WEST WIND SHALL NOT BE LIABLE FOR ANY FAILURE OF THE SITE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF WEST WIND.
4.3 Limitations of Liability: UNDER NO CIRCUMSTANCES SHALL WEST WIND HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER OR THING WHATSOEVER (COLLECTIVELY, "COSTS"), HOWEVER SUFFERED OR CAUSED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) UNAUTHORIZED USE OF YOUR ACCOUNT OR USER ID; (II) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF PARTICIPATING WEST WIND LOCATIONS; OR (III) YOUR USE OF, OR INABILITY TO USE, THE SITE . THIS APPLIES EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH COSTS. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $20, whichever is less.
4.4 Indemnification: You agree to indemnify and hold West Wind harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to any breach by you of these Terms and Conditions, including without limitation, attorneys’ fees and costs. West Wind reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You further agree to cooperate as requested by West Wind in the defense of any claim. You shall not in any event settle any claim without the written consent of West Wind.
4.5 Member Obligations; Prohibited Actions: You agree that you will not, and will not permit others to:
(i) Provide any unauthorized third party with access to the Site, or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to West Wind (collectively, "Content") by any means;
(ii) Modify, reverse engineer, reverse assemble decompile, reduce to human perceivable form or create derivative works based on the Site or any of the software applications used by you in connection with your use of the Site;
(iii) Engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations and regulations of regulatory or administrative organizations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Site;
(iv) Disable any licensing or control features of the Site;
(v) Introduce into the Site any virus or other code or routine intended to disrupt the Site, alter or delete its Content, access confidential Content on the Site, retrieve or record information about the Site or its users, or interfere with the operation of the Site , including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
(vi) Merge the Site with another program or create derivative works based on the Site;
(vii) Post any material in any form whatsoever on the Site that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity;
(viii) Sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the content of or access to the Site to others;
(viii) Infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Site, or remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site; or
(ix) Otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, West Wind reserves all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
You recognize the great value of the goodwill associated with the Site and acknowledge that the Site and all rights therein and goodwill pertaining thereto belong exclusively to West Wind. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not:
(i) Attack the title or any rights of West Wind in or to the copyrights, trademark, and other intellectual property in the Site;
(ii) Do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, and other intellectual property in the Site;
(iii) Claim (adversely to West Wind or anyone claiming rights through West Wind) any right, title or interest in or to the copyright, trademarks, and other intellectual property in the Site;
(iv) Misuse or harm the copyright, trademarks, and other intellectual property in the Site or bring the Site into disrepute;
(v) For its benefit, directly or indirectly, register or apply for registration of West Wind’s trademarks or any mark which is, in West Wind’s reasonable opinion, the same as or confusingly similar to any of West Wind’s trademarks; and/or
(vi) For its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in West Wind’s reasonable opinion, the same as, confusingly similar to or incorporates any of the West Wind’s trademarks.
4.6 Copyright; Trademarks: West Wind, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications, trademarks, trademark registrations service marks, trademark registration applications, trade names, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) on the Site. Except as provided in these Terms and Conditions, you are strictly prohibited from modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directors, databases, listing or software obtained from the Site without the prior written consent of West Wind. Systematic retrieval of content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Site without written permission from West Wind is strictly prohibited.
Nothing on the Site shall be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any image, trademark, logo or service mark on the Site. Unless otherwise specified, the Site are for your personal and non-commercial use only and you may print, copy and download any information or portion of the Site for your personal use only. Copying or downloading material from the Site does not transfer title to any material on the Site to you. If you copy or download any information or software from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose, including, but not limited to, use in advertising or publicity pertaining to distribution of materials on the Site or use as metatags on other pages or sites on the World Wide Web without the written permission of West Wind or such third party, which may own the marks. You are not authorized to use our logo as a hyperlink to the Site unless you obtain West Wind’s written permission in advance, although we permit you to use our logo as a hyperlink to certain designated features of the Site for designated purposes.
You agree to grant West Wind an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, copy, display, distribute, perform, transmit, publish, broadcast, and prepare derivative works upon, anything transmitted to the Site by you.
West Wind reserves all rights to copyright and trademark ownership of its material at the Site and will enforce such rights to the full extent of the law.
4.7 Social Media Features: The Site may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw without notice any linking permission. We may disable all or any social media features and any links at any time, without notice, in our discretion.
4.9 Passwords: When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated and enable you to access your Account. Passwords may not be shared or used by more than one individual. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You will maintain the confidentiality of the User IDs and passwords by which you access the Site, and will allow access to the Site only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither West Wind nor any third party will contact you to solicit your User ID, or password. Therefore, you should not provide your User ID or password to any person whom you do not authorize to use your Account. Any use of your assigned user IDs or passwords will be deemed to be your use. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else’s account, username or password without permission. When creating your Account, you must provide accurate and complete information. In the event your password is lost or stolen it is your responsibility to notify West Wind as provided in the Contact Us section. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT WEST WIND HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT.
If you become aware of any breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your User ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Site that would damage, interfere with or unreasonably overload the Site.
4.10 Exclusions and Limitations; Consumer Protection Notice: If you are a consumer, the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. . In any event, West Wind reserves all rights, defenses and permissible limitations under the law of your State of residence.
4.12 Payments and Refunds of Site Purchases: In using the Site, you agree to pay the amounts owed to West Wind via Visa and MasterCard credit cards only. At this time, we are not accepting any other method of payment. All ticket purchases are non-refundable, except under extreme circumstances, in West Wind’s sole discretion. Refunds are only valid for the location and movie listed in the email confirmation or printed on the ticket, and requests must be submitted at least 24 hours before the movie showtime. To request a refund, please visit our refund request page and, if eligible, allow up to 7 business days for the refund to be approved for processing.
4.14 Must be At Least 13 Years Old to Use the Site. West Wind makes no active effort to collect personal information from individuals under the age of 13.
4.15 Controlled from the United States: The Site is controlled from offices within the United States. West Wind makes no representation that content or materials in the Site are appropriate or available for use in other jurisdictions. Access to the Site, content, or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF THE STATE OF CALIFORNIA WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THE SITE WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF MARIN COUNTY OR SAN FRANCISCO COUNTY, CALIFORNIA IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
4.16 Not Authorized to do Business in Every Jurisdiction: West Wind is not authorized to do business in every jurisdiction. Information published on the Site may contain references or cross-references to goods or services that are not available in your state or country.
4.17 English Language: The official text of these Terms and Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, reference shall be made only to these Terms and Conditions as written in English and not in any translation into another language.
4.18 Arbitration: Except as prohibited by law, unless we otherwise elect, any dispute regarding these Terms and Conditions, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. Disputes shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in Marin County or San Francisco County, California, in English or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator in accordance with the rules. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Members may choose to opt out of the agreement to arbitrate by mailing a written opt out notice (“Notice”) to West Wind. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms and Conditions for the first time. The Notice must be mailed to West Wind Corporate Headquarters located at 150 Pelican Way, San Rafael, CA 94901 to the attention of the Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms and Conditions, or any previous or future arbitration agreements that you have entered into with West Wind.