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Escafeld Vineyards Terms Of Use and Online Privacy Policy
Please read the following Terms of Use
Agreement and Privacy Policy carefully.
Terms of Use Agreement
Welcome to our site. We maintain this web site as a service to
our customers. By using our site, you are agreeing to comply with
and be bound by the following terms of use. Please review the
following terms carefully. If you do not agree to these terms, you
should not review information or obtain goods or products from this
site.
1. Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms of Use Agreement
(“Agreement”) with respect to our site (the
“Site”). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended at any time by us
from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or
any part of the Site, except as allowed by Section 4, is strictly
prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver
of any right in such information and materials.
3. Trademarks. Escafeld Vineyards and others are
either trademarks or registered trademarks of Escafeld Vineyards LLC.
Other product and company names mentioned on the Site may
be trademarks of their respective owners.
4. Limited Right to Use. The viewing, printing or downloading of
any content, graphic, form or document from the Site grants you
only a limited, nonexclusive license for use solely by you for your
own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in
our sole discretion to edit or delete any documents, information or
other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold us
and our partners, attorneys, staff and affiliates (collectively,
“Affiliated Parties”) harmless from any liability,
loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of the
Site.
7. Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain
information or documents is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE
SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,”
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. All
responsibility or liability for any damages caused by viruses
contained within the electronic file containing the form or
document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY
RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM
LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE
PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR
INFORMATION.
9. Use of Information. We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site
uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
10. Third-Party Services. We allow access to or advertise
third-party merchant sites (“Merchants”) from which you
may purchase certain goods or services. You understand that we do
not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a
party to the transactions entered into between you and Merchants.
You agree that use of such Merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR
ANY OTHER SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of Merchants
will apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
12. Privacy Policy. Our Privacy Policy, as it may change from
time to time, is a part of this Agreement.
13. Payments. You represent and warrant that if you are
purchasing something from us or from Merchants that (i) any credit
information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
14. Securities Laws. This Site may include statements concerning
our operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services, as
well as our intentions, plans and objectives, that are
forward-looking statements. These statements are based upon a
number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control.
When used on our Site, words like “anticipates,”
“expects,” “believes,”
“estimates,” “seeks,” “plans,”
“intends” and similar expressions are intended to
identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The
Site and the information contained herein does not constitute an
offer or a solicitation of an offer for sale of any securities.
None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
15. Links to other Web Sites. The Site contains links to other
Web sites. We are not responsible for the content, accuracy or
opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by
us. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so at
your own risk.
16. Copyrights and Copyright Agents. We respect the intellectual
property of others, and we ask you to do the same. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following
information:
(a) An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has
been infringed;
(c) A description of where the material that you claim is
infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s
behalf.
Our Copyright Agent for Notice of claims of copyright
infringement on the Site can be reached as follows:
By mail:
Copyright Agent
Escafeld Vineyards LLC
PO Box 257
Lockwood CA 93932
USA
By e-mail: copyrightagent@escafeld.com
17. Information and Press Releases. The Site contains
information and press releases about us. While this information was
believed to be accurate as of the date prepared, we disclaim any
duty or obligation to update this information or any press
releases. Information about companies other than ours contained in
the press release or otherwise, should not be relied upon as being
provided or endorsed by us.
18. Miscellaneous. This Agreement shall be treated as though it
were executed and performed in Lockwood, California and shall be
governed by and construed in accordance with the laws of the State
of California (without regard to conflict of law principles). Any
cause of action by you with respect to the Site (and/or any
information, products or services related thereto) must be
instituted within one (1) year after the cause of action arose or
be forever waived and barred. All actions shall be subject to the
limitations set forth in Section 8 and Section 10. The language in
this Agreement shall be interpreted as to its fair meaning and not
strictly for or against either party. All legal proceedings arising
out of or in connection with this Agreement shall be brought solely
in Monterey County, California. You expressly submit to the
exclusive jurisdiction of said courts and consents to
extra-territorial service of process. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that anything
in or associated with the Site is in conflict or inconsistent with
this Agreement, this Agreement shall take precedence. Our failure
to enforce any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce such
provision.
Online Privacy Policy
Escafeld Vineyards LLC ("Escafeld") respects the privacy rights of our online
visitors and we are committed to protecting the personal
information that we collect about you. To further this
commitment, we have adopted this privacy policy to
guide how we collect, store, and use information that you provide
us online.
What does this Privacy Policy apply to?
The website you are currently visiting is operated by Escafeld Vineyards LLC,
Lockwood, California. This privacy policy applies to
this and other websites operated by Escafeld Vineyards LLC.
This privacy policy applies only to information submitted and
collected online through Escafeld Vineyards LLC websites, and does not
apply to information that we may collect offline. In addition,
this privacy policy does not extend to websites maintained by
other companies or organizations to which we may link. Therefore,
we encourage you to read the privacy policy of any website to which
you link before you submit any personal information to that site.
Please note that your use of Escafeld Vineyards LLC websites signifies your
agreement to this privacy policy. If you do not agree to this
privacy policy, please discontinue use of our websites. Escafeld Vineyards LLC
reserves the right to make changes to this privacy policy and you
are encouraged to check back periodically to ensure that you are
aware of these changes. Your continued use of our websites
signifies your acceptance of these changes.
What types of information does Escafeld collect?
In order to give you the best experience on our websites, we may
collect information about you, but only if you voluntarily provide
it to us. Typically, we may ask you to submit personal and/or
demographic information in connection with any the following:
Website registration; Newsletter subscription;
General support; Product support; Online store; Contests and other
promotions; Polls, surveys, or questionnaires; or other such
features or services provided via our websites. The types and
amount of personal information collected for these
activities depends on the activity. Requested personal
information may include: your name, home address, telephone number,
e-mail address and (for those purchasing products online) credit
card information including billing and shipping addresses. For some
activities, you may need to create a username and password and
to provide other non-personal information such as your age or date
of birth, gender, hobbies and
interests, and other information (also known as "demographic
information"). If demographic information is collected for an
activity requiring personal information, we may combine the
demographic information with your personal information. Combining
data allows us to customize the notices we send you and the
services we provide you according to your interests and
preferences. For more on how we use your information, please read
the section on use below. No matter what method we use to collect
information and no matter how we use that information, we will only
collect the information deemed reasonably necessary to fulfill your
online requests and our legitimate business objectives.
How does Escafeld use the information it collects?
Generally, information that we collect for a particular purpose
is used for that purpose only. For example, if you request product
support, the email address that you provide will only be used for
purposes of diagnosing your specific technical problem and
providing an acceptable solution. Information collected from those
who register on our websites is used to provide registrants the
benefits associated with such registration (e.g., subscription to
newsletter or access to the latest wine release news and exclusive store
promotions). And, of course, any credit card information is solely
used to fulfill and process purchase orders. In some instances,
however, you may also be given the option to have your information
used for an activity or service different from the activity or
service that you are requesting (e.g., to have your name entered
into a contest when subscribing to our newsletter or vice versa).
If you choose to receive these additional services, we will
use your information to provide them to you. We may use your email
address to send you service-related announcements that tell you
about updates to this privacy policy, new areas or features on our
websites, changes to our online service or technical support
policies, and other related changes. We may also use your personal
and demographic information for our internal marketing and
demographic studies, so we can constantly improve the online
products and services we provide you and to better meet your
needs.
What happens if I refuse to provide my personal information to
Escafeld?
If you choose not to submit personal information when requested,
you may not be able to participate in certain activities on our
websites and may limit the services we can provide you. For
example, if you refuse to share your email address, you may not be
able to receive general support or product support. To simply
browse our websites, however, you do not need to give us any
personal information.
Does Escafeld use cookies, track IP addresses, or use other
passive means to collect information? Cookies
We may use cookies to improve the use and functionality of our
websites. A "cookie" is a small file or record-keeping device that
websites often store on a user's computer. Storage of cookies on
your system provides an easy and convenient method for us to
personalize your experience on our websites. For example, cookies
will remember what you've placed in your shopping cart, tell us
that you have visited one of our websites before, and may contain
other information that will make your next visit to our websites
more enjoyable. We may combine information contained in cookies
with your personal information. You can always disable cookies or
set your browser to alert you when cookies are being sent to your
computer, although this may affect your ability to use our
websites. IP Addresses Escafeld may also keep track of Internet
Protocol (IP) addresses to troubleshoot technical concerns and to
maintain website safety and security. An IP address is a number
that is used by computers on the network to identify your computer
every time you log on to the Internet. Log Files Escafeld may collect
information in the form of logs - files that record website
activity and gather statistics about web users' browsing habits.
These entries are generated anonymously, and help us determine
(among other things) how many and how often users have visited our
websites, which pages they've visited, and other similar data
(a.k.a., navigational data). We also use the log file entries for
our internal marketing and demographic studies, so we can
constantly improve the online services we provide you. Log files
are used internally only, and are not associated with any
particular user, computer, or browser.
Who is collecting my personal information and is it shared with
anyone?
Information that you disclose on our websites is collected by
Escafeld, or on our behalf; and is used in accordance with the
practices set forth above. Entities that provide support for
the internal operations of our websites may only use the
information we share with them (or that they collect on our behalf)
for purposes of internal fulfillment (e.g., online product
fulfillment) and are required to handle such information in
accordance with this privacy policy. From time to time, we may run
contests, tournaments, or other events or activities on our
websites. Information collected for these events may include
personal information such as your email address and may be
collected by or shared with a third party sponsor, co-sponsor, or
other reputable third party (e.g., promotional partner). While we have no control over the
third party's use of such information, we will attempt to ensure
that they agree to protect the confidentiality, security, and
integrity of any personal information we share with them (or that
they collect through our websites). If you do not want your
information to be collected by or shared with a third party, you
can choose not to participate in these events at the time the
information is collected. We may disclose personal information in
the good faith belief that we are required to do so by law,
including but not limited to disclosure to law enforcement or other
government officials in connection with an investigation of fraud,
intellectual property infringements, or other activity that is
illegal or may expose you or us to legal liability. In addition, in
the event of a merger, acquisition, reorganization, bankruptcy, or
other similar event, Escafeld's customer information may be
transferred to our successor or assign.
Can I choose how my personal information is used? If you do not
want to receive our newsletter, service related announcements, or
any other communications and/or services from Escafeld Vineyards LLC, please
opt-out from these communications or services at the time of
registration or information collection. If you have opted-in and,
at a later time, wish to opt-out, please visit the
appropriate "Account" section on our websites or contact us
using the information provided below.
How can I access my personal information?
If you wish to review, update, or delete any personal
information that we may have collected about you, please visit the
appropriate "Account" section on our websites or contact us using
the information provided below.
What is Escafeld's policy regarding children under 13?
We do not knowingly collect personal information such as name
and email address from children under 13 years old on our websites.
We take steps to ensure that those who wish to register or submit
personal information on our websites meet certain age requirements
before they can do so. We recognize the importance of safeguarding
the privacy of children and encourage parents to check and monitor
their children's use of online activities regularly.
What safeguards does Escafeld use to protect my personal
information?
We take reasonable measures to protect the confidentiality,
security, and integrity of the personal information collected from
our website visitors. Personal information collected by Escafeld is
stored in secure operating environments that are not available to
the public and that are only accessible to authorized employees. We
also have security measures in place to protect the loss, misuse,
and alteration of the information under our control. For example,
before we allow web users to access their personal information, we
verify their identity by requesting information such as their
username and password. Although we cannot guarantee that third
parties to whom we transfer personal data will adhere to the
security standards set forth above, we will take reasonable
measures to assure that they provide sufficient protection over
such data.
How do I ask a question or file a complaint? (Contact
Information)
If you have any questions, complaints, or comments regarding
this Privacy Policy or our information collection practices, please
contact our Privacy Policy Administrator at:
Escafeld Vineyards LLC
PO Box 257
Lockwood, CA 93932
Fax: (815) 301-8020
This Privacy Policy was last updated on May 22, 2005.
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