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. CIOTTI CELLARS 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.
(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 Placer 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.