Terms of Service
These Terms are effective as of May 25, 2018.
TERMS OF SERVICE AGREEMENT
- INTRODUCTION AND ACCEPTANCE
- ELIGIBILITY; COMPLIANCE
- INTELLECTUAL PROPERTY RIGHTS
- DIGITAL MILLENNIUM COPYRIGHT ACT
- USER REGISTRATION
- USER CONDUCT
- USER POSTINGS
- THIRD PARTY SERVICES AND CONTENT
- PAYMENT, PRICING, AND RELATED TERMS OF SERVICE
- DATA AND WIRELESS ACCESS CHARGES
- DISCLAIMER AND LIMITATIONS OF LIABILITY
- CUSTOMER SUPPORT
- GOVERNING LAW; MISCELLANEOUS
1. INTRODUCTION AND ACCEPTANCE.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Winery Sites and Winery Apps are covered by a single notification, a representative list of such works on our Winery Sites and Winery Apps;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and, if applicable, email address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
- engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
- submit, post, email, display, transmit or otherwise make available through our Winery Sites and Winery Apps any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene or vulgar, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- submit, post, email, display, transmit or otherwise make available through our Winery Sites and Winery Apps any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
- engage in or encourage conduct that affects adversely or reflects negatively on our brand, Winery Sites and Winery Apps, business, goodwill or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person from using our Winery Sites and Winery Apps, or from advertising or becoming a supplier to us in connection with our Winery Sites and Winery Apps;
- submit, post, email, display, transmit or otherwise make available through our Winery Sites and Winery Apps any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- except as expressly permitted herein, use our Winery Sites and Winery Apps for commercial or business purposes;
- modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of our Winery Sites and Winery Apps or the rights or use or enjoyment of our Winery Sites and Winery Apps by any other user;
- impersonate any person or entity or falsely state or otherwise represent your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with our Winery Sites and Winery Apps;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information, including transmitting or facilitating in the transmission of junk email, chain letters, duplicative or unsolicited messages;
- modify, reverse engineer, decompile or disassemble any part of our Winery Sites and Winery Apps, whether in whole or in part, or create any derivative works from any part of our Winery Sites and Winery Apps, or encourage, assist or authorize any other person to do so; or
- submit, post, email, display, transmit or otherwise make available through our Winery Sites and Winery Apps any information, materials or content (and/or engage in or encourage conduct or other activities) that are, or could be perceived as, false, incorrect, misleading or deceptive.
Please read this Terms of Service Agreement (these “ Terms”) carefully, as it constitutes legally binding terms and conditions between you, as the user of our Winery Sites and Winery Apps, and Eric Trump Wine Manufacturing LLC and its affiliates (“Trump Winery” “we” “us” or “our”). These Terms apply to your use of and access to our Winery Sites and Winery Apps, and apply whether you are accessing our Winery Sites and Winery Apps via a wireless or mobile device, a tablet, a personal computer or any other technology or device (each, a “Device”). If you are entering into these Terms in connection with your employment, you represent to us that you are authorized to bind your employer and all references to “you” and “your” shall refer to you and your employer. If you do not agree to these Terms, then you have the choice not to utilize our Winery Sites or Winery Apps.
2. ELIGIBILITY; COMPLIANCE.
Use of our Winery Sites and Winery Apps is limited to users 16 years of age and older and certain features of our Winery Sites and Winery Apps may be subject to heightened age and/or other eligibility requirements and restrictions, including, for example, access to our Trump Winery Shop is limited to users who are 21 years of age or older. By using our Winery Sites and Winery Apps, you represent and warrant to us that you are at least (a) 16 years of age or older; and (b) 21 years of age or older, and have provided your correct date of birth where required by our Winery Sites or Winery Apps. You also represent and warrant that your use of our Winery Sites and Winery Apps does not violate any law, rule or regulation to which you may be subject, including any terms, conditions or requirements promulgated by any provider of a Third Party Platform. If you are a user between the ages of 16 and 18, please review these Terms with your parent or guardian. Your parent or guardian should agree to these Terms on your behalf and parental discretion is advised for all users under the age of 18.
3. INTELLECTUAL PROPERTY RIGHTS.
As between you and Trump Winery, Trump Winery owns the Winery Sites and Winery Apps, including all of the content (e.g., audio-visual content, photographs, audio, images, illustrations, graphics, video, copy, software, etc.), code, data and materials displayed on or otherwise made available through the Winery Sites and Winery Apps, including as contained in any advertisements and the “look and feel” of such content (collectively, “ Content”). This includes all intellectual property and proprietary rights in such Content. When you use the Winery Sites or Winery Apps, or download materials from the Winery Sites or Winery Apps, you do not acquire any ownership of any such Content. The Winery Sites and Winery Apps are only for your personal, non-commercial use. You may not make any commercial use of the Winery Sites or Winery Apps, or any Content made available on the Winery Sites and Winery Apps, unless you have received our prior written permission.
The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Winery Sites and Winery Apps are registered and unregistered Trademarks of Trump Winery and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits Trump Winery. You do not receive, by implication or otherwise, any license or right to use any Trademark or Content displayed on the Winery Sites and Winery Apps without our prior written permission, which may be withheld in our sole discretion.
Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any Content on the Winery Sites and Winery Apps. The framing or scraping of or in-line linking to our Winery Sites and Winery Apps or any Content, and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content, other than as expressly authorized by us, is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with our Winery Sites and Winery Apps. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, Trademark, or other notices contained on our Winery Sites and Winery Apps, including, without limitation, notices on any Content you transmit, display, print, stream or reproduce from our Winery Sites and Winery Apps. Any unauthorized or prohibited use of any Content may violate or infringe copyright and other laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.
4. DIGITAL MILLENIUM COPYRIGHT ACT.
We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same. We likewise respect the intellectual property of others. If you believe that our Winery Sites and Winery Apps contain elements that infringe your copyrights in your work, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
Written notification of claimed infringement must be submitted to the following Designated Agent:
Attention: DMCA Copyright Agent
100 Grand Cru Drive
Email Address of Designated Agent: [email protected]
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to Trump Winery customer service by sending an email to [email protected]. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 4, your DMCA notice may not be valid.
If you believe that your content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Trump Winery for use on our Winery Sites and Winery Apps, you may send a counter-notice containing the following information to our Copyright Agent:
If a counter-notice is received by our Copyright Agent, Trump Winery may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Trump Winery’s sole discretion.
5. USER REGISTRATION.
6. USER CONDUCT.
We want to keep our Winery Sites and Winery Apps safe and enjoyable for everyone and the use of our Winery Sites and Winery Apps for unlawful or harmful activities is expressly prohibited. You agree that, while using our Winery Sites and Winery Apps, you shall not:
Trump Winery assumes no responsibility for monitoring our Winery Sites and Winery Apps for inappropriate, false, incorrect, misleading, deceptive or unlawful content, information, materials or conduct posted by or on behalf of a third party.
If at any time Trump Winery chooses in its sole discretion to monitor our Winery Sites and Winery Apps, Trump Winery nonetheless assumes no responsibility for User Postings (as hereafter defined), assumes no obligation to modify or remove any User Postings, and no responsibility for the conduct of any user. Trump Winery reserves the right to investigate and take appropriate legal action against anyone who, in Trump Winery’s sole discretion, violates, or is suspected of violating, this Section 6, including, without limitation, reporting you to law enforcement authorities.
7. USER POSTINGS.
Our Winery Sites and Winery Apps may provide you with an opportunity to submit, post, email or otherwise make available comments, reviews and feedback via our Winery Sites and Winery Apps (collectively, “ User Postings”). We do not acquire any ownership rights in the User Postings, other than the license you grant to us herein. You also represent that you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in these Terms. You acknowledge that we may use them throughout the world for any purpose, in any form or format, on or through any media or now known or hereafter developed, including the right to modify, edit, create derivative works and translate such User Postings. We may do so without notice to you and without paying any compensation to you. All User Postings are and will be considered non-confidential and non-proprietary. User Postings do not reflect the views of Trump Winery, and you understand that by using our Winery Sites and Winery Apps, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable and, as such, Trump Winery does not guarantee the accuracy, integrity, quality or content of any User Postings. We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason. Under no circumstances shall Trump Winery be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings made available.
8. THIRD PARTY SERVICES AND CONTENT.
From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors, or other promotional partners (collectively, “ Advertisers”) found on or through our Winery Sites and Winery Apps or via a hyperlinked website, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
10. PAYMENT, PRICING, AND RELATED TERMS.
We may make available certain fee-based transactions, content and other e-commerce services, including, without limitation, the ability to purchase goods and services on and/or in connection with our Winery Sites and Winery Apps (“ Fee-Based Services”). Certain Fee-Based Services may utilize third party service providers (e.g., Apple, etc.), and all purchases made through these third party service providers are subject to their respective terms and conditions, and in the event of a conflict between such third party’s terms and conditions and these Terms, the terms and conditions of the third party service provider shall govern and control. Trump Winery is not responsible and has no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. You agree to pay in full the prices for any purchases made using the User Account registered to you, including all applicable taxes.
Payment Method and Terms
Our Winery Sites and Winery Apps may accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “ Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, Trump Winery may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once you click the “Submit”, “Purchase” or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit card issuer, you agree to promptly pay all amounts due upon demand by us. Trump Winery reserves the right to change any and all prices for any products or services at any time, for any reason.
Additional Terms and Conditions
Trump Winery may revise any or all of the fees and prices associated with the Fee-Based Services at any time for any or no reason. Further, while we try to be as accurate as possible when describing and displaying our products, Trump Winery does not guarantee those product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services on or in connection with the Fee-Based Services do not imply Trump Winery’s endorsement of such products or services. Despite our best efforts, some products or services may be mispriced. If the correct price of a product or service sold by Trump Winery is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or finalizing your reservation, or cancel your order or reservation and notify you of such cancellation.
Trump Winery and its third party operational service providers reserve the right to change product descriptions, images, and references, and to limit the available quantity of any product. Further, if Trump Winery terminates your use of or registration to our Winery Sites and Winery Apps because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration.
If you have a complaint or dispute about a certain charge, or about a certain feature or product made available on or in connection with the Fee-Based Services, you must promptly notify Trump Winery customer service of such complaint or dispute by sending a detailed email to [email protected].
THIRD PARTY PRODUCTS AND SERVICES.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE WINERY SITES OR WINERY APPS), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY SUCH THIRD PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US OR OUR AFFILIATES WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE WINERY SITES OR WINERY APPS. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD-PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES SHOULD BE DIRECTED TO THE RELEVANT THIRD PARTY OPERATIONAL SERVICE PROVIDER.
11. DATA AND WIRELESS ACCESS CHARGES.
Certain of our Winery Apps or Winery Sites may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Trump Winery will not be responsible for any such data access fees and charges in connection with your use of any Winery Sites or Winery Apps. Further, the use or availability of certain Winery Sites or Winery Apps may be prohibited or restricted by your wireless carrier and/or data access provider, and not all Winery Sites and Winery Apps may work with all wireless carriers, networks, platforms, services or devices.
These Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Trump Winery without restriction, notice or other obligation to you.
These Terms shall remain in full force and effect while you use or are registered to use any of our Winery Sites or Winery Apps. You may terminate your use of or registration for our Winery Sites and Winery Apps at any time, for any reason, and Trump Winery may terminate your use of or registration to the Winery Sites and Winery Apps at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.
You agree to indemnify, defend and hold Trump Winery, its affiliates, and parent company, and their respective successors and assigns, present and former directors, officers, employees, representatives, agents, licensors, advertisers, partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of our Winery Sites and Winery Apps, (b) your breach or violation these Terms or (c) your User Postings. Trump Winery reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
We may modify these Terms from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We may post or display notices of material changes on our Winery Sites and Winery Apps and/or notify you via other electronic means. The form of such notice is at our discretion. Once we post or make them available on our Winery Sites and Winery Apps, these changes become effective immediately and if you use our Winery Sites and Winery Apps after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms regularly so you are aware of the most current rights and obligations that apply to you.
16. DISCLAIMER AND LIMITATIONS OF LIABILITY.
THE WINERY SITES AND WINERY APPS, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Trump WINERY, ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, PRESENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WINERY SITES OR WINERY APPS WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WINERY SITES AND WINERY APPS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE WINERY SITES AND WINERY APPS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Trump WINERY, ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, PRESENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WINERY SITES AND WINERY APPS OR FROM THESE TERMS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. TO THE EXTENT COMPANY MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT ITS LIABILITIES, THE EXTENT OF COMPANY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE WINERY SITES AND WINERY APPS, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT AND TRANSMISSIONS, INCLUDING, WITHOUT LIMITATION, USER POSTINGS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT COMPANY ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR USER POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY USER POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE WINERY SITES OR WINERY APPS FOR ANY TRANSACTIONS OR USER POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
17. CUSTOMER SUPPORT.
For assistance with technical issues or customer support inquiries, please send an email to [email protected].
18. GOVERNING LAW; MISCELLANEOUS.
A . These Terms contains the entire understanding and agreement between you and Trump Winery concerning our Winery Sites and Winery Apps and supersedes any and all prior or inconsistent understandings relating to our Winery Sites and Winery Apps and your use thereof. These Terms cannot be changed orally. If any provision of these Terms is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms; however, no action arising out of these Terms or your use of our Winery Sites and Winery Apps, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such case arose). The failure of Trump Winery to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
B . These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York County, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. Each of you and Trump Winery agree to adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.
C . TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND Trump WINERY WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY ARBITRATION.
D . To the extent that there is a conflict between these Terms and the Additional Terms, the Additional Terms shall govern. To the extent that there is a conflict between these Terms and the specific Rules for the activity in which you choose to participate, the Rules shall govern. To the extent that there is a conflict among these Terms, the Additional Terms and/or the Rules, the following order of precedence shall apply: first, the Rules, second, the Additional Terms, and third, these Terms.
E. The Winery Sites and Winery Apps are controlled by Trump Winery from its offices in the U.S. Trump Winery makes no representation or warranty that our Winery Sites and Winery Apps or Content contained on or made available in connection therewith is legal, appropriate or available for use in other locations. Those who choose to access our Winery Sites and Winery Apps from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with our Winery Sites and Winery Apps may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
These Terms were last modified on the date indicated above and are effective as of May 25, 2018.
Copyright © 2018 Eric Trump Wine Manufacturing LLC