Quilceda Creek Vinters

QUILCEDA CREEK WEB SITE TERMS AND CONDITIONS OF USE

Welcome to the Quilceda Creek Web site. These terms and conditions govern your use of our site:

Ownership

This Web site is owned and operated by Quilceda Creek Vintners, Inc. Any legal claims or concerns regarding this Web site should be addressed to: Quilceda Creek Vintners, Inc., PO Box 1562, Snohomish, WA 98291-1562. Except where otherwise indicated, the content featured or displayed on this Web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belong to Quilceda Creek Vintners, Inc., its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the materials available on this Web site could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.

Trademarks

QUILCEDA CREEK and the distinctive moonlit landscape design are registered trademarks of Quilceda Creek Vintners, Inc., protected under the laws of the United States. Other parties’ trademarks used, depicted or identified on this Web site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Web site of the trademark(s) of any other party is not intended to imply Quilceda Creek’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of Quilceda Creek Vintners, Inc., its products or services.

Copyright and License

Except where otherwise noted, the text, graphics, photography, and other content on this Web site is the original work of Quilceda Creek Vintners, Inc., protected under the copyright laws of the United States and other countries.

Quilceda Creek Vintners, Inc. authorizes you to copy materials on this site to a hard drive for the purpose of viewing and using the site on your computer. You may also print portions of the site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the site. You may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. Unauthorized use of this material on any other Web site or in a networked computer environment for any purpose is prohibited. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web site or its content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web site or its content without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above.

Privacy Policy

Retention and Use of Personal Information: Quilceda Creek Vintners, Inc. respects your ability to make informed choices about the collection and uses of your personal information. When you access this Web site, some information—such as the site that referred you to the Quilceda Creek Web site, your IP address, and your email address—may be automatically collected as part of the operation of this Web site. We may use this information to generate user profiles and to personalize our Web site to your particular interests. We may require you to provide your age and date of birth in order to insure compliance with U.S. government restrictions on Web site providing content to, and acquiring information from, children. Any such personal information as may from time to time be collected from this Web site is stored indefinitely and may be disclosed to any necessary payment processors and transaction fulfillment providers. Quilceda Creek takes every reasonable effort to protect the information stored on its database, but cannot guarantee complete freedom from risk, and will not be liable for inadvertent disclosures of personal information that result from circumstances beyond Quilceda Creek’s reasonable control, such as hacking or other malicious attacks on the security of this Web site.

Quilceda Creek does not share information with other companies and does not sell its customer information. Any personal information we collect may be used for such purposes as processing transactions, customer service, marketing, product and service development, and facilitating subsequent use of this Web site. We also reserve the right to (a) disclose any such personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public, and to (b) transfer or sell such personal information to any legitimate successor-in-interest to Quilceda Creek’s business in the event of the sale, acquisition, or insolvency of the company.

Children: It is not our intention to collect personal information from anyone under 18 years of age. If you are under 18, you should not enter information on this Web site and should ask a parent to do so for you. If you are under 13, we must have express written permission from a parent before you may use this site. The authorizing parent must email us at Info@QuilcedaCreek.com, certifying the parent’s age and authority, and giving us express permission to acquire and retain any such personal information from you as we may normally obtain from users of this site.

Recourse: If at any time you believe that Quilceda Creek has not followed the above policy, please let us know at Info@QuilcedaCreek.com, and we will make reasonable efforts to identify and correct any problem.

Changes: Quilceda Creek reserves the right to change the terms of its privacy policy at any time. If we do change this privacy policy, we will post the changes on this Web site. We encourage you to review this privacy policy each time you visit our Web site to make sure you understand our current policy on collecting and using customer information.

Limitation: It is Quilceda Creek’s intention that this Privacy Policy apply only to Quilceda Creek’s online data retention and collection activities. The Policy does not apply to any offline practices of Quilceda Creek.

Links to Other Sites

The Web site contains links to Web sites not operated or maintained by Quilceda Creek. These links are provided solely as a convenience to you and not as an endorsement by Quilceda Creek of the contents of such third party Web sites. Quilceda Creek is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party Web sites, you do so at your own risk, and waive any and all claims against Quilceda Creek regarding the inclusion of links to outside Web sites or your use of those Web sites. The third party sites may contain User Agreements or Terms and Conditions to which you are subject while using those sites. We encourage you to become familiar with the privacy policies of any linked site when you access that site.

Representations as to Content

Quilceda Creek uses reasonable efforts to ensure the accuracy, correctness and reliability of this site’s content, but we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on the site. The use of the Web site and the material is at your own risk. The materials on this Web site are provided for promotional and informational purposes only, and are not intended for any other use, nor, except where otherwise noted, as advertisements or endorsements of the products or services of any party other than Quilceda Creek. The download speed and performance quality of the audio and video materials available on this site are only as good as your installed modem and existing software permit. Changes are periodically made to the Web site and may be made at any time.

Limitations on Quilceda Creek's Liability

DISCLAIMERS OF WARRANTIES: QUILCEDA CREEK DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, QUILCEDA CREEK IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL, AND PRODUCTS OFFERED FOR SALE FROM THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. QUILCEDA CREEK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER QUILCEDA CREEK NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF QUILCEDA CREEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Quilceda Creek makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this Web site and the provisions of these Terms and Conditions.

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in Snohomish County or the Federal District Courts of the Western District of Washington (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Quilceda Creek shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Quilceda Creek, such action is necessary or desirable.

Enforcement

Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Quilceda Creek’s failure to expressly enforce any provision of these Terms and Conditions does not waive its rights to enforce that or any other provision.

Modification/Integration

We reserve the right to change these Terms and Conditions, and other information available on this Web site, without notice. These conditions set out the entire agreement between Quilceda Creek and you relating to your use of this Web site.

© 2001-2006 Quilceda Creek Vintners, Inc. All rights reserved.