Terms & Conditions
This Web site,
currently located at www.jondavi.com, as well as all services related to this Web
site (collectively, the "Site") is provided by jonDavi ("us,"
"our," or "we"). The terms and conditions set forth in this
terms of use notice ("Terms of Use") shall govern and apply to your
visit to and use of the Site. By using the Site, you agree to be bound by these
Terms of Use. If you do not agree to these Terms of Use, in whole or in part,
please do not use this Site.
General
We
reserve the right to change or discontinue any content or feature of the Site,
or impose, change, or modify the terms and conditions of these Terms of Use.
Depending on the nature of the change, we will either announce the change (1)
on the home page of the Site, (2) provide such notice via e-mail to Members
(defined below), customers, and others who provide us with their e-mail
address, or (3) take such other action as we deem appropriate under the
circumstances. By continuing to use the Site following an announcement of any
change, you will be deemed to have agreed to such change. You agree to review
these Terms of Use periodically to be aware of such changes or revisions.
Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and
games on the Site. Each of these activities shall be governed by specific rules
accessible from the pages of the Site offering the promotion.
Site Conduct
You may not post or transmit through the Site: advertising or commercial
solicitations; promotional materials relating to Web site or online services
which are competitive with us and/or the Site; software or other materials that
contain so-called viruses, worms, time bombs, Trojan horses, or other harmful
or disruptive component; political campaign materials; chain letters; mass
mailings; spam mail; material protected by copyright, trademark or any other
proprietary right; any robot, spider, site search/retrieval application, or
other manual or automatic device or process to retrieve, index, "data
mine," or in any way reproduce or circumvent the navigational structure or
presentation of the Site or their contents; or posts that express or imply that
any statements you make are endorsed by us, without our prior written consent.
Additionally, you may not harvest or collect information about Site visitors or
Members without their express consent.
Copyright©2008 jonDavi.
All rights reserved. This Site and the contents of the Site are intended
for your personal, noncommercial use. The Site contains copyrighted material,
including, without limitation, text, software, photos, audio and video clips,
graphics, illustrations, images, logos, and music and sound (collectively, the
"Site Content"). This Site is protected by copyright as a collective
work, pursuant to U.S. copyright laws, international conventions, and other
copyright laws. jonDavi and third party content providers also own copyrights
in the content original to it. You may not modify, publish, adapt, transmit,
participate in the transfer or sale, exhibit, distribute, display, reverse
engineer, decompile, dissemble, perform, reproduce, create derivative works
from, or in any way exploit any of the Site Content, in whole or in part. You
may download or copy one copy of the Site Content for personal, noncommercial
use only, provided that no changes in or deletion of author attribution,
trademark, legend, copyright notice, or other proprietary notices shall be
made.
Downloading or copying Site Content for other than personal, noncommercial use
is expressly prohibited without the prior written permission of us or any other
copyright owner. You acknowledge that you do not acquire any ownership rights
by downloading copyrighted material. Notwithstanding the foregoing, you may not
download or copy any of the product listings, descriptions, or prices, nor may
you frame or utilize framing techniques to enclose any trademark, logo, or
copyrighted material from the Site or use any meta tags or any other hidden
text utilizing our names or trademarks, without our express written
consent.
You shall be solely responsible and liable for any and all damages resulting
from any infringement of copyrights, proprietary rights, or any other harm
resulting from any uploading, posting or submission of your content on the
Site.
Trademarks
"jonDavi" and other marks, graphics, typefaces, trade names and logos
appearing on the Site are trademarks or trade dress of jonDavi. All other
trademarks appearing on the Site are the property of their respective owners,
including, in some instances, us. Our trademarks and trade dress may not be
used in any manner for any purpose without our express written consent in each
instance. Patents used in connection with the Site are the property of their
respective owners, which may include us.
Copyright Infringement Claims
If you believe that any material or content posted on the Site constitutes
copyright infringement, please email us at customer.service@jondavi.com
Product Descriptions
While we, and our affiliates, attempt to provide accurate information on the
Site, we do not warrant that product descriptions or other content on this Site
will be accurate, complete, reliable, current, or error-free. Your sole remedy
for the purchase of any product on the Site is to return it for a full or
partial refund as set forth in the shipping contract governing such
purchase.
Disclaimer of Warranty; Limitation of Liability YOU UNDERSTAND AND AGREE THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE
PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW. YOU
SPECIFICALLY ACKNOWLEDGE THAT jonDavi, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS,
ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION EVEN IF jonDavi OR SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. jonDavi NEITHER ENDORSES NOR IS RESPONSIBLE FOR
THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE,
NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY
ANYONE. UNDER NO CIRCUMSTANCES WILL jonDavi BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT
AND/OR ANY POSTINGS ON THE SITE.
Monitoring
We shall have the right, but not the obligation, to monitor the content of the
Site to determine compliance with these Terms of Use and any other operating
rules established by us. We shall have the right in our sole discretion to
edit, refuse to post or remove any material submitted to or posted on the Site
that we find to be in violation of these Terms of Use or is otherwise
objectionable or stale, to disclose such materials and the circumstances
surrounding their transmission to any third party in order to operate the Site
properly; to protect ourselves, our sponsors, and our Members and visitors, and
to comply with legal obligations or governmental requests. Notwithstanding
these rights or obligations of jonDavi, you shall remain solely responsible for
any information that you post, transmit or otherwise