Barefoot® Cellars Web Site Use Agreement

Welcome to the Barefoot Cellars Web Site (the "Site"). This Site is intended to provide you with information about Barefoot Cellars and with the opportunity to contact us. 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 “E. & J. Gallo Winery” herein refer to E. & J. Gallo Winery and our affiliates, subsidiaries, service providers and designees as deemed appropriate by us.

 

Permitted Use
You (the user of this Site) are not permitted to view this Site unless you are 21 years of age or older. If you are younger than 21, please do not visit this Site. By accessing this Site, you are agreeing to these Terms of Use as well as the privacy policy and other legal notices, terms and policies on this Site (together referred to as “Terms”), and agree to use the Site only in accordance with the Terms. If you do not agree with the Terms, do not use this Site.

Amendment
We may amend or terminate any Terms at any time by posting new or revised Terms. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site. If you are dissatisfied with the Site, its content or any Terms, you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and E. & J. Gallo Winery.

Your Use of the Site
You have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site solely for your own personal use. 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. We retain all ownership rights in the Site and in its content.

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

You are responsible for the confidentiality and use of your password(s). You agree to notify us immediately if you become aware of: a) any loss or theft of your access password(s); or b) any unauthorized use of any of your password(s).

Limitations of Our Liability
The Site is provided to you on an "AS IS," “AS AVAILABLE” and "WITH ALL FAULTS" basis. This means that the Site may contain inaccuracies, omissions, errors or other defects and you rely on it at your own risk. We do not warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, we make no representation that content provided on the Site is applicable to, or appropriate for use in, locations outside of the United States.

E. & J. GALLO WINERY MAKES AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, THE PRODUCTS APPEARING ON THE SITE OR THE SITE’S CONTENT. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. 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).

In addition, we also 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. If the Site provides links to third party web sites, your transactions on and use of any such third party sites will be subject to any terms and agreements between you and such third party, and we will not be liable or responsible in any way relating to any such use or transactions. In addition, the availability of any such links to third party web sites does not constitute an endorsement by us with respect to the content, advertising, products, or other materials available on or through such sites, and we disclaim all liability relating thereto.

Some states 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.

Ownership of Content
This Site, all portions thereof, and all data, images and other information contained on the Site are copyright © 2003-2007 E. & J. Gallo Winery. All rights reserved. The information on the Site is our property and is protected by copyright, trademark, and other applicable intellectual property laws. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, or commercially exploit that information in any manner unless the use is expressly permitted by us in writing.

Orders and Sales
You may purchase items through our online store, and all orders and sales are subject to our Online Store Policy and will be delivered pursuant to our Shipping Policy.

Privacy Policy
Please review our Privacy Policy for additional detail about how we collect and use information we receive from you.

Our Service Providers
We may use one or more third party service providers to design and/or operate parts of the Site. In such cases, each such service provider is also included in the terms “we” and “us” for purposes of the Terms.

Your Communications through the Site
The Site may provide you with the capability to post comments on the Site, to send e-mail to us or to third parties or to otherwise submit, post, display, transmit and/or exchange information, ideas, opinions, images, creative works or other messages, transmissions or material to us or others on or through the Site (collectively, “Communications”). Although we reserve the right to monitor, edit and delete Communications, as a general matter we do not screen or monitor such content. Therefore, you understand that you are solely responsible for all Communications that are emailed, transmitted or otherwise provided by you or through your account. You agree to the following terms with respect to such Communications:

(a) Any Communications you submit about our products or services may be used and disclosed by us in whole or in edited form in our marketing or advertising materials. If we do so, we will not use your surname. You specifically grant to E. & J. Gallo Winery and its subsidiaries, affiliates, designees and service providers (or warrant that the owner of such content grants to E. & J. Gallo Winery and its subsidiaries, affiliates, designees and service providers) a perpetual, worldwide, royalty-free, fully paid, irrevocable, nonexclusive right and license, sublicensable through multiple tiers of sublicensees, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any and all Communications submitted by you or through your account, in whole or in part, and to incorporate them in other works in any form, media or technology now known or later developed throughout the universe. You also give E. & J. Gallo Winery and its affiliates, designees and service providers permission to copy your Communications as part of the normal backup process and to archive discussions containing your Communications.

(b) You will not use the Site or any services (including without limitation, email) provided by or on the Site for any purpose, nor will you transmit any Communication, that: violates any agreement or is false, misleading, unlawful, abusive, harassing, libelous, defamatory, obscene, offensive, objectionable, sexually explicit, threatening, injurious, detrimental to any third party, the Site or to E. & J. Gallo Winery or that infringes on or violates the privacy, intellectual property or other rights of others, that is illegal that encourages a violation of the law or under-age alcohol consumption, that contains a virus, worm or other harmful computer file, or that is off-topic.

(d) You will not send e-mail or any other Communication via the Site to anyone who is not 21 years of age or older. We respect the intellectual property rights of others and ask you to do the same. If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please notify us as set forth in our Copyright Infringement Notice Procedure.

Termination
We reserve the right to terminate or restrict your access to the Site in our sole discretion, without notice and without limitation, for any reason. We will have no liability to you in the event of such a termination.

Miscellaneous
The Terms will be construed, and their performance enforced, under the laws of California without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Stanislaus County for state court causes of action and in the Eastern District of California for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.

You understand that we may comply with law enforcement requests or subpoenas regarding your use of the Site, and you hereby consent to such compliance.

No waiver by us of any breach or default under the Terms may be deemed to be a waiver of any prior or subsequent breach or default.

If any provision of the Terms is declared invalid or unenforceable, the remaining provisions of the Terms remain in full force and effect and the invalid or unenforceable provision is deemed replaced by a valid, enforceable provision that effectuates the intent of the original provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.