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BROTHERS WINERY WEB SITE USE AGREEMENT |
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Welcome to the Frei Brothers
Winery Web Site. This site is intended to provide information
to you about Frei Brothers Winery and to provide you with
the opportunity to contact us. While we want you to enjoy
the experience of visiting our site, we also want you to understand
the terms you agree to when visiting this site. So, now a
word from our lawyers:You (the user of this Site) are not
permitted to view this Site unless you are 21 years of age
or older. If you are younger than 21, please do not visit
this Site.
By accessing this Site, you are agreeing to these terms and
to use the Site only in accordance with them. If you do not
agree with these terms, do not use this Site.
We may amend or terminate this Agreement at any time by posting
a new agreement.
1. You have a non-transferable, non-exclusive license to access
this Site, to view information contained at this Site, and
to interact with the Site solely for your own personal use.
You agree not to use the Site for any unlawful purpose. You
agree not to rent, retransmit, disclose, publish, sell, assign,
lease, sublicense, market, or transfer the Site or any portion
thereof or use it in any manner not expressly authorized by
this Agreement. You agree not to copy, reverse engineer, translate,
port, modify or make derivative works of any portion of the
Site. We retain all ownership rights in the Site.
2. We will not be liable to you if you are unable to access
information through the Site.
3. The Site is provided to you on an "AS IS" and "WITH ALL
FAULTS" basis. This means that despite our best efforts the
Site may contain inaccuracies, omissions, errors or other
defects and you rely on it at your own risk. WINERY MAKES
AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED. ALL
WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND
DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS
INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY,
INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES,
INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL, OR DAMAGES
RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY
TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES),
IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF,
OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE
INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF
WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION,
AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY
EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS USE
AGREEMENT IS FOR ANY REASON WHATSOEVER HELD UNENFORCEABLE
OR INAPPLICABLE, YOU AGREE THAT OUR LIABILITY SHALL NOT EXCEED
TEN U.S. DOLLARS ($10).
In addition, We also have no liability for any viruses or
anything beyond our control. We are not responsible for any
damage to your computer, software, modem, telephone or other
property resulting from your use of the Site.
4. This Site, all portions thereof, and all data, images and
other information contained on the Site are Copyright © 2001
E. & J. Gallo Winery. All rights reserved. The information
on the Site is our property and is protected by copyright,
trademark, and other applicable intellectual property law.
You agree not to reproduce, retransmit, disseminate, sell,
distribute, publish, broadcast, circulate or commercially
exploit that information in any manner unless the use is expressly
permitted by us in writing.
5. You are responsible for the confidentiality and use of
your password(s). You agree to notify us immediately if you
become aware of: a) any loss or theft of your access password(s);
or b) any unauthorized use of any of your password(s).
6. The Site may provide you with the capability to send e-mail
to us or to post comments on the Site. You agree to the following
terms with respect to such communications:
a. You agree that any comments you submit about our products
or services may be used and disclosed by us in whole or in
edited form in our marketing or advertising materials. If
we do so, we will not use your surname.
b. You will not use the Site for any purpose that is unlawful,
abusive, harassing, libelous, defamatory, obscene or threatening,
or injurious or detrimental to the Site.
c. You agree not to submit any information that infringes
on or violates the privacy, rights, or other intellectual
property rights of others, anything that is illegal, defamatory,
obscene, harassing, offensive, objectionable or sexually explicit,
that encourages a violation of the law or under-age alcohol
consumption, that contains a virus, that is off-topic.
7. We reserve the right to terminate or restrict your access
to the Site in our sole discretion, without notice and without
limitation, for any reason. We have no liability to you in
the event of a termination of this Agreement.
8. MISCELLANEOUS.
a. This Agreement must be construed, and its performance enforced,
under the laws of California without reference to choice of
law principles. Any dispute relating to this Agreement or
the Site may be litigated only in a court having jurisdiction
and venue in Modesto, California.
b. You understand that we may comply with law enforcement
requests or subpoenas regarding your use of the Site.
c. No waiver by either party of any breach or default under
this Agreement may be deemed to be a waiver of any prior or
subsequent breach or default.
d. If any provision of this Agreement is declared invalid
or unenforceable, the remaining provisions of this Agreement
remain in effect and the invalid or unenforceable provision
is deemed replaced by a valid, enforceable provision that
effectuates the intent of the original provision.
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