| REDWOOD CREEK Web Site Use Agreement |
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Welcome to
the Redwood Creek Web Site. This site is intended to provide information
to you about Redwood Creek 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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