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Terms of Use
Welcome to RedHeadRanch.com.
By using the RedHeadRanch.com web site, you agree to be bound by these Terms
of Use (this “Agreement”), whether or not you register as a member
of the RedHeadRanch.com site. If you do not agree to abide by this Agreement, including
those terms and conditions expressly set out below and those
incorporated by reference (including, but not limited to, the Privacy Policy), do
not register with RedHeadRanch, use its services, use the web
site (located at www.redheadranch.com) or download or purchase any products from
the site.
The Red Head Ranch web site and its functionality are herein referred to as Red
Head Ranch Web Site or Web Site. They include, but are not limited to, an
online store to purchase Red Head Ranch products. Unless explicitly stated
otherwise, any new features that augment or enhance the current Web Site,
including the release of new Red Head Ranch features and properties, shall be
subject to these Terms Of Use.
Red Head Ranch Privacy Policy
Registration data and certain other personal information about you is subject
to our Privacy Policy.
RHR Wine Club Policy
Membership in
the RHR Wine Club is governed by additional terms that must be agreed
to in writing.
Limited License
Subject to the terms and conditions set forth in this Agreement, Red Head Ranch
grants you a non-exclusive, non-transferable, limited right to access, use and
display this site and the materials thereon solely for your personal use. You
may not sell, modify, reproduce, display, distribute, resell or exploit for
public or commercial purposes, any portion of the Red Head Ranch Web Site, use
of the Red Head Ranch Web Site, or access to the Red Head Ranch Web Site.
The Red Head Ranch Web Site is copyrighted and protected by worldwide copyright
laws. You agree to comply with all copyright laws worldwide in your use of this
Site and to prevent any unauthorized copying of the Site. Except as
expressly provided herein, Red Head Ranch does not grant any express or implied
right to you under any patents, trademarks, copyrights or trade secret
information.
Warranty and Disclaimer
Red Head Ranch strives to ensure the site operates without error and that the
web site and its servers are free of computer viruses or other harmful code.
However, the Red Head Ranch Web Site and the information and materials
contained therein, are provided on an "AS IS" basis without any warranties of
any kind, express, implied or statutory. Use of the Web Site is at your sole
risk and there is no warranty that the Red Head Ranch Web Site will meet your
requirements, the service will be uninterrupted, timely, secure or error-free,
the results obtained from the use of the Web Site will be accurate or reliable,
and that any errors in the Web Site will be corrected. The Web Site may contain
materials provided by third parties, and Red Head Ranch will likewise not be
held responsible for any such third party material.
Any material downloaded or otherwise obtained through use of the Web Site
is used at your own risk and you will be solely responsible for any damage to
your computer system or loss of data that results from the download of any such
material.
No advice or information, whether oral or written, obtained by you from Red
Head Ranch or through Red Head Ranch Web Site shall create any warranty not
expressly stated herein.
Limitation of Liability & Damages
In no event will Red Head Ranch be liable to any user or other third party for
any damages resulting from the use or inability to use the Web Site or the
materials contained therein, unauthorized access or alteration of your
transmissions or data, statements or conduct of any third party, or any other
matter relating to the Red Head Ranch Web Site. This disclaimer and limitation
includes direct, indirect, incidental, special, consequential, or exemplary
damages or lost profits, business interruption, loss of information or programs
or other data, and applies whether based on warranty, contract, tort, or any
other legal theory, regardless of whether Red Head Ranch is advised of the
possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages,
so some of the above limitations may not apply to you.
Third Party Submissions and Links
The Red Head Ranch web site may include postings, listings, and information
from third parties, including advertisers and other partners. Such content is
the responsibility of the third party creator of the content and Red Head Ranch
cannot guarantee accuracy or integrity of the content. Red Head Ranch has no
control over, and has no responsibility for such content under any
circumstances and is merely providing access to such content as a service to
you. Third party materials may include offensive, inappropriate, harmful, or
deceptive information. Please use caution when using or viewing third party
information.
While Red Head Ranch will endeavor to remove any offensive or harmful content
from the web site as soon as it comes to our attention, we will determine in
good faith and in our sole discretion whether or not to remove or request the
removal of the content. Red Head Ranch will have no liability or responsibility
for performance or non-performance of such actions.
As a convenience to you, Red Head Ranch may provide, on its web site, links
and/or advertisements to web sites operated by other entities. These sites are
not necessarily affiliated, endorsed, or in any way related to Red Head Ranch.
If you decide to visit any linked site, you do so at your own risk and
understand Red Head Ranch makes no warranty or representation regarding any
linked web site.
Acceptable Use and Public Submissions
You agree not to take any action, nor use any software, engine, tool, agent,
device or mechanism that a) imposes an unreasonable or disproportionately large
load on this web site’s infrastructure, or b) interferes with the proper
working of the site or any activity being conducted on this site, or c)
searches and navigates the Red Head Ranch website by means other than what is
provided to you by Red Head Ranch and generally available third party Web
browsers (e.g. Microsoft Explorer, Netscape Navigator).
In particular, you agree not to use the Service to:
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Upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy, or limit the functionality of any computer
software or hardware or the proper working of this web site
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Impersonate any person or entity, including, but not limited to, a Red Head
Ranch official, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity
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Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Web Site
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Solicit passwords or personal identifying information for commercial or
unlawful purposes from other users
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Engage in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
External Links to the Site
All links to the Red Head Ranch website must be approved in writing by Red Head
Ranch, except that Red Head Ranch consents to links in which: (i) the link is a
text-only link containing only the name "RedHeadRanch.com"; (ii) the link
"points" only to www.RedHeadRanch.com; (iii) the link, when activated by a
user, displays that page full-screen in a fully operable and navigable browser
window and not within a "frame" on the linked web site; and (iv) the
appearance, position, and other aspects of the link may neither create the
false appearance that an entity or its activities or products are associated
with or sponsored by Red Head Ranch nor be such as to damage or dilute the
goodwill associated with the name and trademarks of Red Head Ranch or its
Affiliates. Red Head Ranch reserves the right to revoke this consent to link at
any time in its sole discretion.
Copyright Infringement
Red Head Ranch respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been used on the web
site in a manner that constitutes copyright infringement, please provide Red
Head Ranch with a written notice - by postal mail, e-mail, or FAX - that
includes the following information:
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The signature (electronic or
physical) of a person authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed.
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Identification of the copyrighted
work claimed to have been infringed
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A description of where the material
in question is located on the web site
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Your mailing address, telephone
number, and e-mail address
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A statement by you that you believe
in good faith that the disputed use is not authorized by the
copyright owner, its agent, or the law.
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A statement by you, under penalty of perjury, that the information in your
notice is accurate and that you are the copyright owner or authorized to act on
the copyright owner’s behalf
For purposes of such notice, Red Head Ranch’s address for notice is as follows:
Red Head Ranch, LLC, 8128 Vineyard Drive, Paso Robles, CA 93446
Fax: 805-238-4071
Proprietary Rights
You acknowledge and agree that the Red Head Ranch Web Site contains proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that content
contained in sponsor advertisements or information presented to you through the
Red Head Ranch Web Site or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Red Head Ranch or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the Red
Head Ranch Web Site, in whole or in part.
Indemnity
You agree to indemnify and hold Red Head Ranch, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of any rewards program, coupons, or
any other service or offer made by you to your customers, or due to or arising
out of Materials you submit, post, transmit or make available through the Web
Site, your use of the Web Site, your connection to the Web Site, your violation
of the Terms of Use, or your violation of any rights of another.
Changes
Red Head Ranch may, in its sole discretion, modify or revise these Terms of Use
at any time by updating this page. Users are bound by any such modifications.
If you do not agree to be bound by such modifications, your sole remedy is to
discontinue use of the Web Site and associated services.
Red Head Ranch reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Red Head Ranch Web Site (or any
part thereof) with or without notice. You agree that Red Head Ranch shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the Red Head Ranch Web Site.
Trademark Information
RHR and other Red Head Ranch
logos and product names are trademarks of Red Head Ranch, LLC, and cannot be
used or displayed in any manner without the prior permission of Red Head Ranch.
General Information
You agree that this Agreement and all incorporated agreements may be
automatically assigned by Red Head Ranch, in our sole discretion, to a third
party in the event of a merger or acquisition.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
This Site is controlled, operated and administered by Red Head Ranch from its
offices within the United States of America. You may not use the Site or export
the Materials in violation of U. S. export laws and regulations. If you access
this Site from a location outside of the United States, you are responsible for
compliance with all local laws.
This Agreement constitutes the entire agreement between Red Head Ranch and you
with respect to your use of the Site. The Terms of Use and the relationship
between you and Red Head Ranch shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and Red Head
Ranch agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of San Luis Obispo County, California. Any cause of
action you may have with respect to your use of the Red Head Ranch Web Site
must be commenced within one (1) year after the claim or cause of action
arises. If for any reason a court of competent jurisdiction finds any provision
of the Agreement or portion thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to affect the intent of the
Agreement, and the remainder of this Agreement shall continue in full force and
effect.
The section titles in the Terms of Use are for convenience only and have no
legal or contractual effect.
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