Policies

ADA
CCPA
Privacy
Terms

ADA Compliance Policy

Ramey Wine Cellars takes accessibility seriously and has taken active steps to ensure our website is accessible to everyone. Our goal is to meet or exceed Web Content Accessibility Guidelines (WCAG) 2.0 Level AA. We welcome your feedback. If you have any questions, comments or concerns please contact us.

Ramey Wine Cellars
PO Box 788
Healdsburg, CA 95448
707-433-0870
info@rameywine.com

California Consumer Privacy Act (CCPA)

Ramey Wine Cellars (hereinafter “Winery,” “we,” or “our,”) provide this California Consumer Privacy Act Policy (“CCPA Policy”), to disclose information about our data processing practices. This CCPA Policy supplements the disclosures in our Privacy Policy. This policy only applies to residents of California.

Information We Collect

We collect the following categories of personal information:

  • Contact information, such as name, title, street address (home, work, billing, shipping), postal code, country, telephone numbers (home, work, cell, etc.), email address (home, work), company name and other similar information, and your geographic location.
  • Personal/demographic information, such as birthday/age/age group, birth date, contest or promotion-specific information.
  • Professional Information
  • Authentication information, such as user IDs, log-in names, passwords, password reminders, copy of ID (in addition to other personal information such as contact information, birth date).
  • Transactional and financial information, such as products or services you purchase, inquire about or request, payment information, and debit/credit card information.
  • Preferences, views and comments, such as beverage preferences and consumption frequency, subscriptions/communications preferences, feedback in response to surveys, language preference.
  • Participation information, such as event attendance, contest entries information provided when requesting or receiving discounts/coupons/rebates, registrations, information relating to use of online communities (for example social media IDs) and all other user submissions and content you provide.
  • Cookies, web beacons and navigational and location data collection (clickstream, log files, server logs). Your Internet browser automatically transmits some of this information, such as the URL of the website you just visited and the Internet Protocol (IP) address and browser version currently being used by your computer. Such technologies help us to keep track of your interactions with our website and provide you with a more customized experience.
  • Inferences based on the above-listed categories of information.

Sources of Personal Information

We collect the above-listed categories of personal information from you directly when you provide it to us, automatically from your device when you access our websites, and from third-party sources.

How we use Personal Information

We use the above-listed categories of personal information for a number of purposes, including:

  • to conduct and follow up on transactions;
  • in connection with registration, such as for events, memberships, accounts;
  • to permit your participation in online communities/provision of user-generated content;
  • to follow up with you after you have completed a form, business reply card or survey;
  • to allow you to contact us with questions, comments or concerns and to address your communications;
  • to provide materials you request;
  • to permit your participation in contests,  and  promotions;
  • for marketing purposes;
  • to analyze trends, administer our website, track users’ movements and online activity and gather demographic information for aggregate use;
  • to know when our communications have been opened and to otherwise help us tailor our communications to individual users.

We share your information with our service providers and businesses under common control with us. We have shared each of the categories of personal information listed in Section I of this CCPA Policy for our business purposes. We may also share your information with government entities when we determine that disclosure is required by law or in the interests of protecting you, us, or other people. In the event that we are part of a corporate transaction, bankruptcy, or similar event, we may share your personal information in connection with such a transaction, including during any due diligence period in anticipation of a potential transaction.

Your Rights and Choices

You may be entitled to exercise certain rights. These rights include the rights to:

  • Access the specific pieces of your personal information we have collected about you.
  • Receive a copy of your personal information.
  • Receive information about the categories of personal information we collected, the sources from which we collected personal information, the purposes for which we collected and shared personal information, the categories of personal information that we sold and the categories of third parties to whom the personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your request.
  • Request that we delete the personal information that we have collected from you.
  • To exercise any of these rights, please submit a written request by emailing info@rameywine.com

We will ask that you provide certain information to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue If you have a password-protected account with us, we may verify your identity through our existing authentication practices for your account. If you submit a rights request, we will not discriminate against you for exercising your rights, consistent with the non-discrimination requirements of the CCPA.

Disclosures of Personal Information, No Sale

We do not sell California resident’s or any other customer’s personal information. We do not sell the personal information of minors under 16 years of age.

Authorized Agent

You may designate an authorized agent to make a request under the CCPA on your behalf. An authorized agent make a request using the processes above. We will verify the consumer’s identity and the agent’s authority prior to completing any requests from an authorized agent.

How To Contact Us for More Information

If you have requests, questions or concerns regarding our privacy policy or practices, you may contact us as follows: you may contact us at info@rameywine.com or call (707) 433-0870

Updated June 2021

Privacy Policy

Thank you for visiting the Ramey Wine Cellars website. If you are a resident of California or are otherwise interested in consumer rights concerning the personal information we collect, please see our California Privacy Policy, which contains important disclosures required by California law.

We do not share your information with other companies, marketers, mass mailers, etc. for use by those firms for their own purposes. We reserve the right to share customer information with our contracted vendors – for example, programmers or designers who are working to improve our digital eco-system. We don’t sell or share customer lists with other businesses for use by those firms for their own purposes.

We collect information from visitors and customers in order to make the web site easier to navigate (for example, it remembers what you fill in certain forms to pre-fill other forms) and of course, we collect information so we can process orders.

The categories of personal information we collect are:

  • Contact information, such as name, title, street address (home, work, billing, shipping), postal code, country, telephone numbers (home, work, cell, etc.), email address (home, work), company name and other similar information, and your geographic location.
  • Personal/demographic information, such as birthday/age/age group, birth date, contest or promotion-specific information.
  • Professional Information
  • Authentication information, such as user IDs, log-in names, passwords, password reminders, copy of ID (in addition to other personal information such as contact information, birth date).
  • Transactional and financial information, such as products or services you purchase, inquire about or request, payment information, and debit/credit card information.
  • Preferences, views and comments, such as beverage preferences and consumption frequency, subscriptions/communications preferences, feedback in response to surveys, language preference.
  • Participation information, such as event attendance, contest entries information provided when requesting or receiving discounts/coupons/rebates, registrations, information relating to use of online communities (for example social media IDs) and all other user submissions and content you provide.
  • Cookies, web beacons and navigational and location data collection (clickstream, log files, server logs). Your Internet browser automatically transmits some of this information, such as the URL of the website you just visited and the Internet Protocol (IP) address and browser version currently being used by your computer. Such technologies help us to keep track of your interactions with our website and provide you with a more customized experience.
  • Inferences based on the above-listed categories of information.

When you send credit card numbers, our site encrypts the information, both in transit and once our server receives it. We are subject to credit card industry (PCI) standards.

This site uses cookies, small strings of characters written to your web browser, to enable things like the shopping cart to work. We don’t write anything personal in the cookies, they are just character strings, although they can be identifying.

If you have requests, questions or concerns regarding our privacy policy or practices, you may contact us at info@rameywine.com or call (707) 433-0870

Additional Privacy Terms:

Changes to this Policy

We may change this policy from time to time. When we make changes, we will update our website privacy policy page to reflect those changes and post a notice on our website. Changes are effective on the last updated or effective date specified in the privacy policy. In some cases, we may provide additional notice regarding changes, as required by law.

Do Not Track

Our site is not configured to respond to “do not track” signals or other similar mechanisms. For more information about “do not track” you may visit https://www.allaboutdnt.com.

Analytics

Our website uses Google Analytics to measure traffic and help us improve our site. Google and other analytics providers place their tools on many websites, and as a result, may collect information about you over time and at various websites. For more information on Google’s data practices, you may click here.

Effective June 2021

Terms of Service

Acceptance of the Terms of Use

Welcome to the website of Ramey Wine Cellars (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to, and use of, seghesio.com (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is intended for your use only if you are of legal age to purchase alcohol in your jurisdiction of residence and in the jurisdiction from which you are accessing the Website.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may be in breach of laws or regulations applicable in your jurisdiction of residence or access and you must not access or use the Website and should leave the Website immediately.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to, and use of, the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

– Making all arrangements necessary for you to have access to the Website.

– Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. If such is the case, it is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, 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 other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information, if any. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to 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.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its, affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

– Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

– You may store files that are automatically cached by your Web browser for display enhancement purposes.

– You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

– If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

– If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

– Modify copies of any materials from this site.

– Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

– Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

– You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms Ramey Wine Cellars, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company or the applicable affiliate. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

– In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

– For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

– To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards section set out in these Terms of Use.

– To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

– To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

– To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

– Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

– Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

– Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

– Use any device, software or routine that interferes with the proper working of the Website.

– Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

– Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

– Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

– Otherwise attempt to interfere with the proper working of the Website.

This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Website that may result in the restriction, suspension, or termination of your use of the Website. Due to the global nature of the Internet, you hereby agree to comply with all local rules regarding online conduct and acceptable content. You also agree to comply with any applicable rules regarding the export of any data from any jurisdiction.

User Contributions

The Website may contain interactive services, including but not limited to, discussion groups, news groups, bulletin boards, chat rooms, blogs and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.  We may or may not actively monitor your User Contributions. Similarly, we may or may not exercise editorial control over your User Contributions. You may be exposed to content on such interactive features that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of these interactive features is at your own risk.

You should not include any personally identifiable information about yourself or any other person in any User Contribution. We reserve the right, but not the obligation, to remove any User Contribution that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post.

All User Contributions must comply with the Content Standards section below.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

– Your User Contributions are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your posts have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such posts (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non-commercial, promotional, or other purpose.

– All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.  We are not responsible for maintaining your User Contributions and we may delete or destroy them at any time.

USER CONTRIBUTIONS POSTED BY USERS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS. The opinions expressed in User Contributions are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials of a User Contribution. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

– Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

– Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards section below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.

– Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

– Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

– Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate 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. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

– Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

– Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

– Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

– Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

– Be likely to deceive any person.

– Promote any illegal activity, or advocate, promote or assist any unlawful act.

– Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

– Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

– Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

– Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

We respect the intellectual property rights of others and require that the users who use the Website do the same.  If you believe that any User Contribution violates your copyright, please forward the following information to the address set forth below:

– Your address, telephone number, and email address;

– A description of the copyrighted work that you claim has been infringed;

– A description of the alleged infringing activity and where the alleged infringing material is located;

– A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

– A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Ramey Wine Cellars

PO Box 788

Healdsburg, CA 95448

707-433-0870

info@rameywine.com

 

We may not be able to remove Linked Content that is hosted by Interfacing Sites. You may need to contact the appropriate Interfacing Site for removal of your work.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods formed through the Website or as a result of visits made by you may be governed by additional terms of sale, which, if any, are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Interfacing Websites

You acknowledge and agree that we have no responsibility for the content (“Linked Content”) hosted by unaffiliated websites (“Interfacing Sites”) to which you or we may link from the Website, or otherwise displays on the Website via an application programming interface or other method.

We do not host or store Linked Content. The display of Linked Content or the provision of links to Interfacing Sites does not constitute an endorsement by or association with us of such Linked Content, Interfacing Sites, or products, advertising or other materials presented on such sites.  You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such Interfacing Sites, or for any action taken by Interfacing Sites.

We reserve the right to remove Linked Content from our Website or Interfacing Sites, to the extent we have such control, at any time, and for any reason, including violation of these Terms of Use or the applicable terms of use on the Interfacing Site.

To utilize some of the functionality of the Website you may be required to establish an account with a user name and password with Interfacing Sites. As these are unaffiliated sites, we are not responsible for any username, password, or other information these sites may collect. We also will never ask you to provide us with your password for Interfacing Sites. If you are unable to establish accounts on these Interfacing Sites for any reason, you may not be able to fully utilize the functionality provided by the Website.

In addition to these Terms of Use, the Linked Content that is displayed on our Website, including your rights relating thereto, are subject to the applicable terms of use as set forth by the Interfacing Website.

Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Website or Interfacing Sites, or your violation of these Terms of Use, including, but not limited to, your User Contributions, the terms of use of Interfacing Sites, your use of any information obtained from the Website, or any other laws, regulations, and rules. You also hereby indemnify us, our affiliates, licensors and service providers, and our and their respective managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns  against any claims that any information or material you have submitted or will submit to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in any such defenses.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

User Information

In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

Entire Agreement

These Terms of Use, our Privacy Policy and any other additional terms and conditions applicable to specific portions, services or features of the Website constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.