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Madrona Vineyards.com Terms of Use

Date of Last Revision: May 15, 2010

Welcome to Madronavineyards.com.  By accessing or using our Website at madronavineyards.com (the ” Website”), you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”).  We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Website. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes.

Proprietary Rights in Website Content

All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, and other files, and their selection and arrangement (the “Website Content”), are the proprietary property of Madrona with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Madrona’s prior written permission.  You may not republish Website Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation.  Any use of the Website or the Website Content other than as specifically authorized herein, without the prior written permission of Madrona is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Website Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Trademarks

MADRONA and other Madrona graphics and logos are registered trademarks or trade dress of Madrona in the U.S.  Madrona’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Madrona.

User Conduct

You understand that the Website is available for your personal, non-commercial use only. You agree not to harvest or collect email addresses or other contact information of Users from the Website by electronic or other means.  Additionally, you agree not to use automated scripts to collect information from the Website.  You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.

You are solely responsible for the photos, messages, notes, text, information, and other content that you upload, publish or display (hereinafter, “post”) on the Website (collectively the “User Content”). You understand and agree that Madrona may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion which violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire.

Use of Site by Children

This Website is not intended for use by children, only adults of at least 21 years of age are permitted to use the Website.  We do not knowingly collect information about children under the age of 13.

Copyright Complaints

If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Mark R. Leonard
Full Address of Designated Agent to Which Notification Should be Sent: Davis & Leonard LLP, 8880 Cal Center Drive, Suite 180, Sacramento, CA 95826
Telephone Number of Designated Agent: 916.362.9000
Facsimile Number of Designated Agent: 916.362.9066
E-Mail Address of Designated Agent: mleonard@davisandleonard.com

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Privacy

We care about the privacy of our Users. Click here to view the Website’s Privacy Policy. By using the Website, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

We strive to make sure our Website conveys information about Madrona in a helpful and accurate manner.  At the same time, nothing in this Website is intended as a warranty or guarantee of the accuracy, completeness, or currency of any information or statements contained in this Website.  The entire risk as to the quality, security, availability, and performance of any services provided through this Website is with the user of the Website.  Under no circumstances will Madrona be responsible for any loss or damage, resulting from anyone’s use of the Website.

THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED “AS-IS” AND MADRONA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MADRONA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. MADRONA DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Madrona reserves the right to change any and all content contained in the Website and any services offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Madrona.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL MADRONA OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF MADRONA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ACKNOWLEDGE YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MADRONA, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law; Venue and Jurisdiction

By visiting or using the Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Madrona. Any action to enforce the terms of these Terms of Use, or arising out of the subject matter of these Terms of Use, shall be commenced in the in the state and federal courts of Sacramento, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Sacramento, California.

Indemnity

You agree to indemnify and hold Madrona, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Website, your conduct in connection with the Website or with other Users of the Website, or any violation of this Agreement or of any law or the rights of any third party.

Other

These Terms of Use constitute the entire agreement between you and Madrona regarding the use of the Website, superseding any prior agreements between you and Madrona relating to your use of the Website. The failure of Madrona to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Website Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions

Please contact us at Winery@MadronaVineyards.com with any questions regarding this Agreement.