Terms of Service
Camomiwines.com Terms and Conditions of Use
This website is operated by Da Ve Winery, Inc. dba Ca’ Momi (referred to throughout these
Terms and Conditions of Use as “Ca’ Momi”). The mailing address for Ca’ Momi is P.O. Box
6860, Napa, CA 94558.
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS
Please take a few minutes to review these Terms and Conditions. Ca’ Momi provides this
website (the "site") to you subject to these Terms and Conditions. Your use of this website
constitutes your agreement to follow these rules and to be bound by them.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT
USE THE CAMOMIWINES.COM WEBSITE.
THESE TERMS AND CONDITIONS MAY CHANGE
Ca’ Momi reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
COPYRIGHT / TRADEMARK NOTICE
All of the content you see and hear on the Camomiwines.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Camomiwines.com, one of its affiliates or by third parties who have licensed their materials to Camomiwines.com, and are protected by U.S. and international copyright laws.
The entire content of this website is copyrighted as a collective work under U.S. copyright laws, and the selection, coordination, arrangement and enhancement of the content is © 2009-2011 Da Ve Winery, Inc., All Rights Reserved.
The name Ca’ Momi is a registered Trademark of Da Ve Winery, Inc. The Ca’ Momi crest logo
and all other product or service names or slogans displayed on this website are registered and/or common law trademarks of Da Ve Winery, Inc. and/or its suppliers, partners, contributors, authors, or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Da Ve Winery, Inc. or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Da Ve Winery, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of Da Ve Winery, Inc. All other trademarks, registered trademarks, product names and company names or logos mentioned in the website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Ca’ Momi.
The content of this website, and the site as a whole, is intended solely for the personal,
noncommercial use by the users of our website. For this limited purpose, Ca’ Momi grants you a limited, nontransferable, non-sublicensable license to access and use the website and to view, copy and print portions of the website content. Such license is subject to these Terms and Conditions, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the website content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the website, the website content, or any portion thereof; (iii) any displays or printouts of website content or any portion thereof must be marked "© 2009-2011, Da Ve Winery, Inc. All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the website content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the website or the website content other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the website or any website content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the website or website content without the prior written permission of Ca’ Momi is strictly prohibited and will terminate the license granted herein.
Any such unauthorized use may also violate applicable laws, including without limitation
copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Ca’ Momi against any liability to any person arising out of your use of website content not in accordance with these Terms and Conditions.
To request permission for uses of Site Content not included in the foregoing license, you may contact Ca’ Momi as follows:
Permissions for Use of Content
P.O. Box 6860
Napa, CA, 94581
DISCLAIMERS –– GENERAL
The Camomiwines.com website is operated by Da Ve Winery, inc. dba Camomi on an "as is," "as available" basis, without representations or warranties of any kind. To the full extent
permitted by law, Camomiwines.com, Da Ve Inc., its sales and procurement, and their affiliates (collectively, the "Ca’ Momi Businesses") disclaim any and all representations and warranties with respect to this site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use.
Without limiting the foregoing, the Ca’ Momi Businesses disclaim any and all warranties,
express or implied, for any merchandise offered on this site. This disclaimer does not apply to any product warranty offered by the manufacturer of the item.Without limiting the foregoing, the Ca’ Momi Businesses do not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error.
Without limiting the foregoing, the Ca’ Momi Businesses disclaim any liability as to the
accuracy or completeness of each item description. All product descriptions originate from the manufacturer of the item.
The Ca’ Momi Businesses neither endorse nor make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on this website, or about any website you may access through this website. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.
The Ca’ Momi Businesses make no representation that content provided on this website is
applicable or appropriate for use in locations outside of the united states. The Ca’ Momi Businesses assume no risk or responsibility for your use of any of the content provided on this website.
LIMITATION OF LIABILITY
Under no circumstances, shall Ca’ Momi Businesses or any of their employees, directors,
officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind
(whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representative of any Ca’ Momi Business has been advised of or should have known of the possibility of such damages.
If you are dissatisfied with this website or any content on the site, or with these terms and
conditions, your sole and exclusive remedy is to discontinue using this website. You
acknowledge, by your use of this website, that your use of the site is at your sole risk.
Applicable law may not allow the limitation of liability set forth above, so this limitation of
liability may not apply to you. If any part of this limitation on liability is found to be invalid or
unenforceable for any reason, then the aggregate liability of the Ca’ Momi Businesses under
such circumstances for liabilities that otherwise would have been limited shall not exceed one
hundred dollars ($100).
PREVIOUS CONTRACTS AND AGREEMENTS
These Terms and Conditions do not alter in any way the terms or conditions of any other
agreement you may have with Ca’ Momi or its affiliates for products, services or otherwise.
ADVERTISEMENTS AND PROMOTIONS
Ca’ Momi may run advertisements and promotions from third parties on the website. Your
business dealings or correspondence with, or participation in promotions of, advertisers other than Ca’ Momi, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Ca’ Momi is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
If you believe that material posted on the website infringes upon any copyright or trademark or trade dress right that you own or control, or that any link on the Site directs users to another Web site that contains materials that infringes upon any copyright or trademark rights that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Director of
Content: Suzanna Boogay
Full Address of Designated Agent to Whom Notification Should be Sent: Director of Content,
Da Ve Winery, Inc., P.O. Box 6860, Napa, CA, 94581.
Telephone Number of Designated Agent: 877.622.6664
Facsimile Number of Designated Agent: 707.252.6665
Email Address of Designated Agent: email@example.com
We may give notice of a claim of copyright infringement to our users by means of a general
notice on the Site, electronic mail to a user's email address in our records, or by written
communication sent by first-class mail to a user's address in our records.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law,
Ca’ Momi has adopted a policy of terminating, in appropriate circumstances and at Ca’ Momi's sole discretion, subscribers or account holders who are deemed to be repeat infringers of these Terms and Conditions. Ca’ Momi may also at its sole discretion limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
REGISTRATION DATA; ACCOUNT SECURITY
You agree to (a) provide accurate, current and complete information about you as may be
prompted by any registration forms on the website ("Registration Data"); (b) maintain the
security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Ca’ Momi, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to The American Winery.
ENFORCEMENT OF TERMS AND CONDITIONS / APPLICABLE LAW AND VENUEBy accessing and using the Camomiwines.com website, you agree that your access to and use of
this website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of California, United States of America.
The Site (excluding Third-Party Sites) is controlled by Ca’ Momi and operated by Ca’ Momi
from its offices in Napa, CA. While Ca’ Momi has made no effort to publish the Site elsewhere,
the Site is accessible in all 50 states of the United States and in other countries. You and Ca’
Momi both benefit from establishing a predictable legal environment in regard to the Site.
Therefore, you and Ca’ Momi explicitly agree that all disputes, claims or other matters arising
from or relating to your use of the Site will be governed by the laws of the State of California, without regard to its conflicts of law principles. You agree that all claims you may have against Ca’ Momi arising from or relating to the website will be heard and resolved in a court of competent subject matter jurisdiction located in Napa, CA. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
TERMINATION/MODIFICATION OF LICENSE AND SITE OFFERINGS
Notwithstanding any provision of these Terms and Conditions, Ca’ Momi reserves the right,
without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the website, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the website, website content or services; (c) change, suspend or discontinue any aspect of the website, site content or services; and/or (d) impose limits on the website, website content or services.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
QUESTIONS AND COMMENTS
If you have any questions regarding these Terms and Conditions or your use of the Site, please call (707) 252-6664.