Terms of Use
Thank you for visiting our website. This site (the “Site”) is operated by Mesa del Sol Estate & Winery (MDS). Your access to and use of the Site are conditioned on your acceptance of and compliance with these Terms of Use (“Terms of Use”). By accessing or using the Site, you agree to be bound by these Terms of Use.
Your Use of Our Websites
We encourage responsible drinking only for those of legal drinking age. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately. By continuing, you affirm that you are of legal age to purchase and consume alcohol in your country of residence and the country from which you are accessing this Site, and that you are not a person barred from receiving goods or services under the laws of the United States or other applicable jurisdiction.
You may use the Site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy (the “Privacy Policy”) and all applicable laws and regulations. We make no representations that materials on the Site or its affiliate websites are appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations outside the United States do so on their own initiative and are responsible for compliance with all local laws. If you do not agree to and accept, without limitation or qualification, these Terms of Use, please exit the Site.
Membership and Programs
Some areas of the Site are available to members only and require separate membership and/or your agreement to additional terms of use. Such areas may have age restrictions, and by becoming a member, you represent that you are of such age and that all information you provide is true, accurate and complete. Unfortunately, membership may not be available in your geographic location. Membership is void where prohibited by law. From time to time, we may run special programs on our Site. These may be member or non-member programs. All program participants must comply with the official program rules. The assignment of a user name and/or password for a membership or program is in our discretion. If you choose, or you are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. MDS cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You agree to immediately notify MDS of any unauthorized use of your username or password or any other breach of security, and ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for the security of your username and password, as well as all use of our Site under your username and password.
Your Submissions on our Site
Our Site enables you to post messages, reviews, and other content on the Site and to submit comments, ideas and questions (collectively, referred to as “Submission(s)”). All Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person who originated such Submission. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Submission or communications posted via the Site or endorse any opinions expressed via the Site. You retain your rights to any Submission you originate on our Site. You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Submission in any and all media or distribution methods (now known or later developed). To be clear, we have the right but not the obligation to monitor, decline, translate, modify, reformat, edit, distribute, derive, remove, transmit, display and perform, publicly or otherwise, all or any portion of any Submission in any media now known or hereafter developed for the MDS’ business purposes and to sublicense the foregoing rights, through corporate structures to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms of Use for any reason. You also hereby grant each user of the Site a non-exclusive license to access your Submissions through the Site and to display and perform such Submissions as permitted through the functionality of the Site and under these Terms of Use. The foregoing license granted by you terminates once your Submission is permanently removed or deleted from the Site by us.
Our company policy does not allow us to accept or to consider creative ideas, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our employees and agents might seem to be similar to creative works submitted by users. Accordingly, we must ask that you do not send creative ideas, proposals, plans, or other materials for our business.
Restrictions
Content Restrictions. You agree not to use the Site to post content or other communications that contain (i) material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, is excessive in length, or is otherwise inappropriate; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of any company; (v) any chain letters, pyramid schemes, spam, contests or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) an impression that they emanate from us, if this is not the case; and/or (viii) similar information.
Furthermore, for each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted herein (including any music or sound rights embedded therein) and that such Submissions and the submission thereof to our Site complies with all applicable laws, rules and regulations and does not infringe on the intellectual property or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
The MDS has no control over and shall have no liability for any damages related to or resulting from the use of your public Submissions by a third party.
Alcohol Related Restrictions. There are certain alcohol-related portions of our Sites that are restricted to visitors who are at least 21 years of age. Wines offered for sale in our on-line store are not available except to adults of legal drinking age and only to states where shipping is permitted.
Use Restrictions. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes anyone’s rights. Notwithstanding any other rights or restrictions in these Terms of Use, you may not: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) use any robot, spider or other automatic device, process or means to tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail; (j) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; (k) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MDS (and only pursuant to those terms of use) (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Site without the prior consent of MDS is expressly prohibited); or (l) otherwise attempt to interfere with the proper working of the Site.
Our Rights
All right, title, and interest in and to the Site (excluding Submissions) are and will remain the exclusive property of MDS and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Use gives you a right to use the MDS name or any of the MDS trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, suggestions, ideas, or proposals you may provide through the Site are entirely voluntary and we will be free to use such feedback, comments, suggestions, ideas, or proposals as we see fit and without any obligation to you.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send the Site a notice requesting that Site remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the Site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: info@mesadelsolvineyards.com. Details are available at http://www.copyright.gov/onlinesp/. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
Your License to Use the Site
You may view our Site, and you are welcome to print hard copies of written material on it for your personal, non-commercial use, in accordance with these Terms of Use. All other copying without prior written permission, whether in electronic, hard copy or other format is prohibited, and all other rights reserved. The use of any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and the deletion or alteration of any copyright, trademark and other proprietary notices appearing on such materials are also prohibited.
From time to time, we may provide certain content that includes software tools (the “Software”). Such Software remains our property, but as long as you have permission to use our Site, you may download and view one copy of such software on any single computer solely to use our Site.
Site Transactions and Right to Change Site
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site, including pricing and availability information, is inaccurate at any time without prior notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Product Information and Colors
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Disclaimer
We provide our Site, including without limitation the content and Software therein, on an “AS IS” and “AS AVAILABLE” basis and make no representations or warranties of any kind with respect thereto. THE MDS DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The MDS make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Site or any Submissions or associated services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or any Submissions; (iii) the deletion of, or the failure to store or to transmit, any Submission and other communications maintained by the Site; and (iv) whether the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the MDS or through the Site, will create any warranty not expressly made herein.
Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that the Affiliate Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Affiliate Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AFFILIATE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR SUBMISSIONS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE AFFILIATE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID MDS, IF ANY, IN THE PAST SIX MONTHS FOR THE GOODS OR SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE AFFILIATE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Governance
These Terms of Use and any dispute of any sort that might arise between you and the MDS shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce these Terms of Use or matters related to the Site will be brought in either the state or federal courts in San Francisco, California; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, YOU EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL in any legal proceeding against the MDS or their respective officers, members, directors, employees, agents or successors under or related to these Terms of Use. You understand and agree that any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Indemnity
You agree to defend, indemnify and hold harmless the MDS and any other party involved in creating, producing or delivering the Site, and their respective directors, members, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation lawyers’ fees) arising out of (a) your use of, or activities in connection with, the Site or the Software; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any Submission that you make available or create through the Site, the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
Termination
These terms are effective unless and until terminated by either you or MDS. You may terminate this Agreement at any time. You also agree that MDS, in its sole discretion, may terminate your access to or use of the Site and the Software, at any time and for any reason, including without limitation if the Site or MDS believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the Software will immediately cease. You agree that any termination of your access to or use of the Site and the Software may be effected without prior notice, and that the Site may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither the Site nor an Affiliated Entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.
Filtering
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: http://www.staysafe.org/.
Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to info@mesadelsolvineyards.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Void Where Prohibited
Although this Site is accessible worldwide, references to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
Miscellaneous
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, applicable membership rules, and applicable program rules, constitute the entire agreement between you and MDS with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MDS with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MDS’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MDS without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. The term MDS is used for convenience and shall mean Affiliated Entity and/or MDS, as applicable.
We may revise these Terms of Use from time to time, the most current version will always be at https://www.thefamilycoppolaresorts.com/en/terms-of-use. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account or by notice placed on the Site for the 30 days preceding the effective date of such change. By continuing to access or use the Site after any revision becomes effective, you agree to be bound by the revised Terms of Use.
This Site is operated and provided by Francis Ford Coppola Presents, LLC, 300 Via Archimedes, Geyserville, CA 95441. If you have any questions about these Terms, please contact us.
Effective Date: June 22, 2015.