Terms of Use
INTELLECTUAL PROPERTY
All content and material provided by us on our website, including, without limitation, text, artwork, graphics, images, photos, videos, audios, music, advertisements, product descriptions, recipes, marks, logos, slogans, links, software, downloadable apps, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, directories, data and information (collectively “our web properties”), constitute copyright and trademark properties of Joseph Gallo Farms, unless expressly otherwise noted, and are protected by United States and international copyright, trademark and other laws.
You may display and, electronically copy, download and print hard copy portions of the material from the different areas of our web properties solely for your own noncommercial use.
PROHIBITED ACTIVITES
Harassment in any manner or form on any of our web properties, including via e-mail and chat or by obscene or abusive language is strictly forbidden. You may not upload to, distribute, or otherwise publish through our web properties any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on our web properties or use our web properties to solicit others to join or become members of any other commercial online service or other organization.
Any use (other than noncommercial) of materials on our web properties, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of our web properties, without our prior written permission is strictly prohibited.
We may remove any content that we determine violates our policies or these Terms of Use. Objectionable user-submitted content should be brought to our attention by contacting us. We do not have any liability for content or information generated by others. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
PRODUCT INFORMATION
We endeavor to describe and display information about our products on our website as accurately as possible. However, as the actual colors you see will depend on your monitor or device, we cannot guarantee that your monitor’s or device’s display of any color will accurately reflect actual product color or finish. Also, the information displayed on our website may contain typographical or other human errors and may not be 100% complete or current despite our efforts. Accordingly, we cannot guarantee that any product image or description will be accurate in all respects.
LIMITATION OF LIABILITY
JOSEPH GALLO FARMS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY…
- USE OF (OR INABILITY TO USE) THE SITES,
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES;
- FAILURE OF PERFORMANCE,
- ERROR,
- OMISSION,
- INTERRUPTION,
- DEFECT,
- DELAY IN OPERATION OR TRANSMISSION,
- COMPUTER VIRUS, MALWARE, OR HARMFUL COMPONENTS, OR…
- LINE FAILURE.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING…
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”);
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”).
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.
EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY’RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
We respect the intellectual property of others, and we ask our users and visitors to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
TERMINATION
You agree that we may terminate, modify, discontinue, or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance, or abandonment.
CALIFORNIA USE ONLY
The website is controlled and operated by Joseph Gallo Farms from its offices in the State of California. Joseph Gallo Farms makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the website should not be construed as Joseph Gallo Farms’ purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
ACKNOWLEDGEMENT