
Terms & Conditions
GALLO FAMILY VINEYARDS WEB SITE
Web Site Use Agreement Welcome to Gallo Family Vineyards Web Site. This site is intended to provide information
to you about Gallo Family Vineyards 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
18 years of age or older. If you are younger than 18, 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 POUNDS (£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 © 2008 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.
Gallo Family Vineyards WEB SITE TRADEMARKS
Gallo, Gallo Family Vineyards, the Gallo Family Vineyards logo, Ernest & Julio Gallo roosters, Gallo Family Vineyards, the Gallo Family Vineyards Turning Leaf logo, Gallo Family Vineyards Coastal Vineyards, and the Gallo Family Vineyards Coastal Vineyards logo are registered trademarks of E. & J. Gallo Winery.