NEW AMSTERDAM CANADA – TERMS OF USE

Welcome to our site (the "Site"). The Site is intended to provide you with information about our products, campaigns and sponsored events. It also allows you to interact with us and others and provides you the opportunity to contact us directly. While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site. References to "we" or "us" or "our Brand" herein refer to E. & J. Gallo Winery and its brands, affiliates, subsidiaries, service providers and designees as deemed appropriate by us.

Compliance with Terms

By accessing the Site, you are agreeing to these Terms of Use, our Privacy Policy, as well as other legal notices, terms and policies posted on the Site from time to time (together referred to as "Terms"), all of which are expressly incorporated herein by this reference. You agree to use the Site only in accordance with the Terms. Please read and save all of the Terms. If you do not agree with the Terms, do not use the Site or any of its features.

Amendment

We may amend or terminate any Terms at any time. If we amend or terminate any Terms, we will notify you of such amendment or termination by posting the revised Terms on the Site and such revised Terms will be effective at the time we post them on the Site. Each time you use the Site, you should visit and review the then current Terms that apply to your transactions and use of the Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and our Brand with respect to your use of the Site.

Eligibility

You are not permitted to view the Site unless you are 19 years of age or older. If you are younger than 19, please do not visit the Site.

Your Use of the Site

Users have a non-transferable, non-exclusive license to access the Site, to view information contained at the Site, and to interact with the Site solely for their own personal use and not for any commercial purpose. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site.

Tampering with the Site, misrepresenting the identity or age of a User, using buying agents or conducting fraudulent activities on the Site are prohibited.

Proprietary Rights

 

The Site may contain Content provided by our Brand, including, without limitation, text, images and logos ("Brand Content"). Brand Content is protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in the Brand Content and the features and functionality of the Site. We hereby grant you a limited, revocable, nonsublicensable license to reproduce and display the Brand Content (excluding any software code) solely for your personal use in connection with viewing the Site.

Acceptable Use Policy

This Acceptable Use Policy ("AUP") encourages the responsible use of the Brand website and any features and functionality made available through the website. This AUP is incorporated by reference into the Terms of Use for our Site. The purpose of this AUP is to delineate the type of actions and content that are contrary to our mission and philosophies as well as to ensure that your use of our Site is in compliance with applicable laws, rules and regulations.

In general, while using the Site you may not take any action (including the posting of any Content) that at the sole discretion of Brand is contrary to our advertising, marketing or other philosophies and practices, or otherwise contradicts applicable laws, rules, and regulations. 

Disclaimers

We are not responsible for and make no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the Brand Content or other Content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. Profiles and third party applications created and posted by Members on the Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by our Brand. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor do we take any responsibility for the goods or services provided by our advertisers. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a Brand event, or from the conduct of any Users, whether online or offline. Additionally, we shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.

Some provinces do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.

Our Site is provided "AS-IS" and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Site.

 

Limitations of Our Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Miscellaneous

The Terms will be construed, and their performance enforced, under the laws of Ontario, Canada without reference to choice of law principles. All disputes arising out of or in connection with these Terms shall be finally settled by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (“Rules”) which is considered as incorporated by reference in this article. The award shall be final and binding upon the parties. The arbitral tribunal shall consist of three arbitrators: two members and a person assuming the presidency. Each party shall appoint an arbitrator. The arbitrators shall appoint the third. The place of arbitration shall be Toronto, Ontario, Canada. The language of the proceedings shall be English. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and our Brand regarding the use of Site and its services and features. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

The date of this policy is January 2016.