USER AGREEMENT INFO The ECCO DOMANI Web Site Use Agreement Welcome to ECCO DOMANI Web Site. This site is intended to provide information to you about ECCO DOMANI and to provide you with the opportunity to contact us. While we want you to enjoy the experience of visiting our site, we also want you to understand the terms you agree to when visiting this site. So, now a word from our lawyers:You (the user of this Site) are not permitted to view this Site unless you are 21 years of age or older. If you are younger than 21, please do not visit this Site. By accessing this Site, you are agreeing to these terms and to use the Site only in accordance with them. If you do not agree with these terms, do not use this Site. We may amend or terminate this Agreement at any time by posting a new agreement. 1. You have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site solely for your own personal use. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by this Agreement. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site. We retain all ownership rights in the Site. 2. We will not be liable to you if you are unable to access information through the Site. 3. The Site is provided to you on an "AS IS" and "WITH ALL FAULTS" basis. This means that despite our best efforts the Site may contain inaccuracies, omissions, errors or other defects and you rely on it at your own risk. WINERY MAKES AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS USE AGREEMENT IS FOR ANY REASON WHATSOEVER HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR LIABILITY SHALL NOT EXCEED TEN U.S. DOLLARS ($10). In addition, We also have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. 4. This Site, all portions thereof, and all data, images and other information contained on the Site are Copyright © 2004 E. & J. Gallo Winery. All rights reserved. The information on the Site is our property and is protected by copyright, trademark, and other applicable intellectual property law. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit that information in any manner unless the use is expressly permitted by us in writing. 5. You are responsible for the confidentiality and use of your password(s). You agree to notify us immediately if you become aware of: a) any loss or theft of your access password(s); or b) any unauthorized use of any of your password(s). 6. The Site may provide you with the capability to send e-mail to us or to post comments on the Site. You agree to the following terms with respect to such communications: a. You agree that any comments you submit about our products or services may be used and disclosed by us in whole or in edited form in our marketing or advertising materials. If we do so, we will not use your surname. b. You will not use the Site for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening, or injurious or detrimental to the Site. c. You agree not to submit any information that infringes on or violates the privacy, rights, or other intellectual property rights of others, anything that is illegal, defamatory, obscene, harassing, offensive, objectionable or sexually explicit, that encourages a violation of the law or under-age alcohol consumption, that contains a virus, that is off-topic. 7. We reserve the right to terminate or restrict your access to the Site in our sole discretion, without notice and without limitation, for any reason. We have no liability to you in the event of a termination of this Agreement. 8. MISCELLANEOUS. a. This Agreement must be construed, and its performance enforced, under the laws of California without reference to choice of law principles. Any dispute relating to this Agreement or the Site may be litigated only in a court having jurisdiction and venue in Modesto, California. b. You understand that we may comply with law enforcement requests or subpoenas regarding your use of the Site. c. No waiver by either party of any breach or default under this Agreement may be deemed to be a waiver of any prior or subsequent breach or default. d. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement remain in effect and the invalid or unenforceable provision is deemed replaced by a valid, enforceable provision that effectuates the intent of the original provision.