Testarossa Winery Terms and Conditions
Effective Date: June 1, 2018
This website is operated by Testarossa Winery / VortX
Purpose of This Website
This website is operated for the purpose of providing general information about Testarossa Winery. Our products are sold only in compliance with the laws of the particular jurisdictions in which they are sold, or intended to be delivered to.
Accuracy, Completeness, and Timeliness of Information on This Website
We are not responsible for inaccurate, incomplete, or out-of-date information on this website. The material on this website is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary or more accurate, more complete, or timelier sources of information. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through the website meet your specific requirements. This website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the website at any time, but we have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to the website.
You understand that when using the website, you might be exposed to user generated content, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user generated content. You further understand and acknowledge that you may be exposed to user generated content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Testarossa Winery with respect thereto, and agree to indemnify and hold Testarossa Winery, its parent, subsidiary, joint venture, partnership, and affiliated companies harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
Use of This Website and Its Materials
This website (including all its contents) is the property of Testarossa Winery or its licensors and is protected by copyright, trademark, trade secret, and other laws of the United States and other countries. We authorize you to browse through the website and print and download copies of material on the website for your personal, noncommercial use only, so long as you do not remove any copyright, trademark, or other notices that appear on the material you print or download and you do not modify, copy, or post any of the material on any network or broadcast in any medium. You agree that you will not otherwise copy, display, or transmit any material on the website in any manner or medium. You also agree not to modify, sell, broadcast, distribute, or create derivative works of any material on the website in any manner or medium, including by uploading the material or otherwise making the material available online. All restrictions, rights granted by you, and all disclaimers and limitations of liability by us shall survive termination.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy, or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the website. Tools that use the website shall be considered agents of the individual(s) who control or author them.
This website features logos and other trademarks and service marks that are the property of, or are licensed to, Testarossa Winery. The website may also include trademarks or service marks of third parties. All of these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
On-Line Stores; Promotions
Additional terms and conditions may apply to services we offer and to specific portions or features of the website, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these terms by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these terms and the terms of the Application, the terms of the Application will control as relating to the Application.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute an offer to sell. We reserve the right, at any time after receipt of your order, to accept or decline your order for any reason.
Errors on Our Website
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to modify any stated solicitation(s) for offers and to correct any errors, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
Your use of this website is a your sole risk. The website, and any item or service you purchase through the website is provided on an ‘As Is” and “As Available” basis. We reserve the right to restrict or terminate your access to the website or any feature or part thereof at any time. Testarossa Winery expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that material on the website is noninfringing;; that access to the website is will be uninterrupted or error-free; that the website will be secure; or that information on the website will be complete, accurate, or timely. If you download any material or purchase anything from this website, you do so at your own discretion and risk. You are solely responsible for any loss or damage that results from the download or purchase of any such material. No advice or information, whether oral or written, obtained by your from us or through or from the website shall create any warranty of any kind.
LIMITATION OF LIABILITY
In no event will Testarossa Winery, be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use this website (including, but not limited to, purchasing alcohol) or from any actions we take or fail to take arising out of or related to your use of the website. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits,, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if we or our representatives have been negligent or have been advised of the possibilities of such damages. Certain laws do not allow limitation on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.
You agree to indemnify and hold Testarossa Winery and its employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to, or arising out of your use of the website in violation of these terms and/or arising from a breach of these terms and/or any breach of your representations and warranties set forth herein. Notwithstanding anything herein to the contrary, we reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
All disputes arising out of your use of the website or the parties’ relationship hereunder shall be resolved by final and binding arbitration in California in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration as provided herein shall be the exclusive remedy for all claims and disputes. Judgment upon any award rendered by the arbitrator(s) may be entered in any State or Federal court having jurisdiction thereof. The expenses of the arbitration shall be borne equally by the parties. Any claim shall be arbitrated on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings, or otherwise. Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin your infringement or other misuse of intellectual property rights.
Our failure to exercise or enforce any right or provision of this agreement, at any time or for any period of time, shall not be construed to be a waiver of that right or provision, or of the right thereafter to enforce that right or provision. If any provision of these terms is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms shall remain in full force and effect.
CHANGES TO THESE TERMS
We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the website. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this website following the posting of changes to these terms or other policies means you accept the changes.
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