Welcome to E & J Gallo
Food and Wine Pairing Web Site. This site is intended to provide
information
to you about Food and Wine Pairing
only. 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.
- 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.
- We will
not be liable to you if you are unable to access information
through the Site.
- 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.
- This Site, all portions thereof, and
all data, images and other information contained on the Site
are Copyright © 2002 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.
- 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).
- 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.
- MISCELLANEOUS.
- 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.
- You understand that we may comply
with law enforcement requests or subpoenas regarding
your use of the
Site.
- 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.
- 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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