Welcome to our website. The following Terms and Conditions of Use (“Terms Of Use”) control use of this website. These Terms of Use also apply to your use of our mobile apps and our official social media channels, including on Facebook, Twitter, Instagram, and LinkedIn (“Social Media Sites”), to the extent permitted by the social media platform’s terms of use.
THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
HOW DOES SAN ANTONIO WINERY COLLECT INFORMATION?
Your IP address is a unique identifier we may use to help diagnose problems with our server and to administer our Website tracking. We also may use your IP address to help identify you and to gather broad, demographic information. Also see our privacy notice.
COPYRIGHT
The copyright for this site is owned by San Antonio Winery, Inc. All rights reserved.
TERMS OF USE
Use of this site signifies your agreement with the following terms of use. If you do not agree with any of these terms of use, discontinue use of this site. San Antonio Winery, Inc. (the “Company”) reserves the right, in its sole discretion, to modify these Terms of Use at any time and you agree to be bound by such modifications through your use of the Company’s site. Use of this site is subject to our Privacy Policy; please review our Privacy Policy.
AGE LIMITATION
You must be 21 years or older to use our site. If you are not yet 21, please exit our site immediately.
PURCHASE OF PRODUCTS
Any purchase of alcohol or other products from our Site is also governed by the other terms disclosed on this Site such as: Wine Club Terms, Shipping Terms and any other applicable terms posted to this Site.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
Stella Rosa® is a trademark owned by the Company. All other marks indicated by the ® registration mark or “TM” or “SM” are trademarks and servicemarks (“trademarks”) held by their respective owners. All materials on this site, including, but not limited to, images, illustrations, audio clips, video clips (the “Materials”) are protected by copyrights which are owned or licensed by the Company. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from https://stellarosawines.com or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal non-commercial use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose can constitute copyright infringement or other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.
Complaints About Use of Intellectual Property
If you believe your intellectual property has been copied and/or provided to us in a way that constitutes infringement, provide us notice with the information specified below, in writing. Do not use this procedure for any other purpose. Include the following information:
- Description of the intellectual property which is protected;
- Identify the location of where the alleged infringing material is on our site;
- Your address, telephone number, and e-mail address;
- State that you have a good faith belief that the use is not authorized by the owner of the intellectual property or by its agent or under the law such as not being fair use; and
- State under penalty of perjury that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner of the intellectual property.
The submission needs to be signed.
The submission needs to be to: legalweb@riboliwines.com
SUBMISSIONS
The Company does not accept unsolicited suggestions or creative ideas for its use or consideration, including for its programs, promotions, contests, or products. So do not submit anything. Nevertheless, if you do submit a suggestion or creative idea, any such submissions, including any bulletin board postings, messages, suggestions, ideas, photos or concepts that are submitted (“Materials”) shall become, and remain, the property of the Company. Furthermore, the Company will not maintain any information communicated to the Company web site confidential. By communicating Materials to the Company, you are granting the Company an irrevocable royalty-free, fully paid, non-exclusive, perpetual, unrestricted, transferable and assignable, worldwide license to use, make derivative works, exploit, publish, transmit, perform and display the Materials for any purpose, including, but not limited to, advertising, commercial, and promotional purposes. The use can be in any form of medium, whether now exists or developed. The Company is not responsible for the content of any other sites which may be linked to https://stellarosawines.com. These links are provided for your convenience only and you access them at your own risk
We do accept questions, but the Company does not promise to answer any questions.
You also grant the Company the right to use, without any obligation to do so, the name that you submit in connection with your submission. Do not use a false e-mail address or otherwise mislead as to the origin of any submission. Any submissions cannot be illegal, obscene, threatening, defamatory, an invasive of privacy, or infringe the rights of others. Any submissions cannot contain a virus, trojan horse or any computer programming routines or engines that are intended to damage or gain unauthorized access to any computer system or network. You acknowledge that you may be personally liable for any submission in violation of any laws, any third party’s rights, or these Terms of Use.
DISCLAIMERS
By using this web site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, agents, distributors and affiliates for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of these Terms of Use.
THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE WEB SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. The Materials provided on this web site are for entertainment and promotional purposes only. Neither the Company, nor its officers, directors, employees, agents, distributors or affiliates is responsible or liable for any loss or damage (including, but not limited to, actual, consequential, or punitive, liability, claim, or other injury or cause related to or resulting from any information posted on the Company’s web site.)
TERMINATION
The Company may, in its sole discretion, terminate or suspend your access to all or part of this site. In the event access is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities and limitations of liabilities set forth in these Terms of Use shall survive any such termination.
JURISDICTION AND CLASS ACTION AND ARBITRATION
This site is controlled and operated by the Company from the Company’s headquarters in Los Angeles, CA. The Company does not represent or warrant that Materials on the Site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
This agreement shall be governed by and construed in accordance with the laws of the State of California, as it is applied to agreements entered into and performed within that State.
Any dispute or claim related in any way to your use of or otherwise arising out of this Site, including any products purchased through our Site or your participation in any promotional activities, will be resolved by binding arbitration rather than in court, except as specified below .Claims for public injunctive relief (as defined by law) are not subject to this mandatory binding arbitration provision. Rather than arbitration, you can assert a qualifying claim in small claims court.
There is no judge or jury in arbitration and court review of an arbitration award is limited.
You may opt out of these dispute resolution procedures by contacting Customer Support at support@sanantoniovineyards.com to request an opt out form. Your completed opt out form must be received by the Company within 30 days of the date when you first accept these Terms of Use, or it will not be valid.
The arbitration will be conducted by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”). The AAA Rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The Company will reimburse those fees for non-frivolous claims demanding less than $10,000. The Company will not seek attorneys’ fees and costs for non-frivolous claims. The arbitration hearing will take place in Los Angeles County address.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim may be brought only in the state and federal courts located in Los Angeles County, California.
If any provision of these terms and conditions is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed and the remaining provisions of these terms and conditions shall remain in force. This contains the entire agreement between you and the Company concerning your use of the site, and the agreement may be modified by the Company at any time. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
This provision survives any termination of these Terms of Use.
CONTACTING THE WEBSITE
If you have any questions regarding these Terms of Use, the practices of this site or your dealings with this Website, you may Contact: legalweb@riboliwines.com
COPYRIGHT INFO
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