Terms of Use

Loring Wine Company

Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Loring Wine Company web site located at www.loringwinecompany.com, and all associated sites linked to www.loringwinecompany.com by Loring Wine Company, its subsidiaries and affiliates, (collectively, the “Site”). The Site is the property of Loring Wine Company and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Loring Wine Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Loring Wine Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Loring Wine Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Loring Wine Company’s express prior written consent.

Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Loring Wine Company reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Loring Wine Company server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Loring Wine Company or others.

Loring Wine Company’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Loring Wine Company may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Loring Wine Company makes no commitment to update the materials on the Site with respect to such products and services.

Links to Other Sites and to the Loring Wine Company Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Loring Wine Company’s control, and Loring Wine Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers
LORING WINE COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LORING WINE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LORING WINE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LORING WINE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY LORING WINE COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LORING WINE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Loring Wine Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will Loring Wine Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Loring Wine Company has been advised of the possibility of such damages.

Indemnity
You agree to indemnify and hold Loring Wine Company, its officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Loring Wine Company by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use
Loring Wine Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Loring Wine Company’s rights or property, or the rights or property of visitors to or users of the Site, including Loring Wine Company’s customers. Loring Wine Company reserves the right at all times to disclose any information that Loring Wine Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. Loring Wine Company also may disclose your information when Loring Wine Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Loring Wine Company may preserve any transmittal or communication by you with Loring Wine Company through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Loring Wine Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Loring Wine Company, its employees, users of or visitors to the Site, and the public.

You agree that Loring Wine Company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Loring Wine Company, for which monetary damages would be inadequate, and you consent to Loring Wine Company obtaining any injunctive or equitable relief that Loring Wine Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Loring Wine Company may have at law or in equity.

You agree that Loring Wine Company may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Loring Wine Company does take any legal action against you as a result of your violation of these Terms of Use, Loring Wine Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Loring Wine Company. You agree that Loring Wine Company will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Void Where Prohibited
Loring Wine Company administers and operates the www.loringwinecompany.com Site from its location in Lompoc, California USA; other Loring Wine Company sites may be administered and operated from various locations inside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Loring Wine Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Loring Wine Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Loring Wine Company with respect to such use are hereby superseded and cancelled. Loring Wine Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Loring Wine Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Loring Wine Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Loring Wine Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Loring Wine Company shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Updated 07/05/2010