TERMS AND CONDITIONS OF USE
THE SALE OF ALCOHOLIC BEVERAGES
CONTENT AND COPYRIGHT, TRADEMARK, AND RELATED ISSUES
LINKING / THIRD PARTY LINKS ON OUR SITE
In general, Eden Rift does not object to links to our Site from third-party websites. However, you must abide by the following rules:
Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site;
Do not present the link to our Site in any way that suggests Eden Rift or our Site has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products or services on your website, unless you have a specific written agreement with Eden Rift to do so;
Link only to the home page of our Site; and
Do not, without Eden Rift’s written permission: (a) incorporate any content from our Site into your website (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any “metatag” or other information used by search engines or other information location tools to identify and select websites.
Eden Rift will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful website, or any website that may adversely affect the name, reputation and goodwill of Eden and its products. Eden Rift reserves the right to cancel permission to link at any time, for any reason.
LIMITATION OF LIABILITY
The use of the Site and Content is at your own risk and are provided “as is.” Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, EDEN RIFT AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, Eden Rift shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
Eden Rift is based in Hollister, California, in the United States of America. Eden Rift makes no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
LAW THAT APPLIES; INTERPRETATION AND MODIFICATION
You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of San Benito, State of California, to adjudicate and resolve any dispute with Eden Rift, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content.
YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
If you believe any materials located on the Site (e.g. Content) infringes your copyright, you may request removal of those materials from our Site by contacting our designate copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
2. Your name, address, telephone number and (if available) email address.
3. A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
4. A statement that the information that you have supplied is accurate and that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
5. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this Site is:
Eden Rift Vineyards
attn: General Manager
PO Box 1747
Hollister, CA 95024
Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using contact information on Contact Us page.
EDEN RIFT MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING