Welcome to LOMPOCTRAIL.COM.
By using this website, mobile app, and/or social media applications (the “Site”), you agree to the following terms and conditions (the "Agreement") which form a binding agreement between you and Jalama Wines LLC (“Global Wine Press”). If you do not agree to these terms, you must cease use of the Site and our Services.
The Site provides an online service operated by GLOBAL WINE PRESS.
This Agreement sets forth the terms and conditions that apply to the use of this Site.
You understand that there may be interruptions in service and that GLOBAL WINE PRESS has the right to modify this Site in any respect.
You represent that you are of legal age to form a binding contract. If you are between 13 and 18 years of age, you may use the Site under the supervision of your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
Disclaimers of Warranty
We provide the Site and Services "as is." We and our suppliers and Sellers make no express warranties or guarantees about the Site. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND SELLERS DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY OR FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. WE DO NOT GUARANTEE THAT LOMPOCTRAIL.COM IS ERROR-FREE OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LOMPOCTRAIL.COM. NO INFORMATION PROVIDED BY GLOBAL WINE PRESS SHALL CREATE A WARRANTY.
Limitations of Liability
IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR SELLERS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND DEALS EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND SELLERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND DEALS.
Indemnity & Release
You agree to defend, indemnify and hold harmless GLOBAL WINE PRESS, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of the Site and your violation of this Agreement and any third party claims against you.
To the extent permitted under applicable laws, you hereby release GLOBAL WINE PRESS from any and all claims or liability related to any product or service of a Seller or Seller’s failure to honor or abide by the terms of a Certificate. In connection with the foregoing release, You hereby waive California Civil Code Section 1542 (or any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
GLOBAL WINE PRESS may change or discontinue the Site or any of the Services at any time without prior notice. GLOBAL WINE PRESS reserves the right to terminate this Agreement at its election and for any reason, without prior notice.
This Agreement constitutes the entire agreement between you and GLOBAL WINE PRESS. Section headings used herein are for convenience only and are not meant to create any legal effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. Any failure to enforce any provision of this Agreement is not to be construed as a waiver of the right to enforce such provision. Nothing in this Agreement creates a partnership, agency or employment relationship and there are no third party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without GLOBAL WINE PRESS’s prior written consent.
Statute of Limitations
YOU AND GLOBAL WINE PRESS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO GLOBAL WINE PRESS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you are 13 years of age or older. If you aren't, you must please cease use of LOMPOCTRAIL.COM.
You agree that any claim, dispute, or controversy you may have against GLOBAL WINE PRESS arising out of this Agreement, including anything arising from the purchase and use of a Certificate, shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”) in effect at the time. The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures then in effect or as may be mutually agreed upon by you and GLOBAL WINE PRESS. Washington law shall apply. Each claim is individual and you agree that there shall be no authority for any claims to be arbitrated on a class or representative basis. You agree that claims of multiple parties similarly situated may not be joined or consolidated.
The Site is protected by copyright as a collective work under the United States copyright laws. LOMPOCTRAIL.COM is a trademark of Jalama Wines LLC. All rights in respect of this trademark are hereby expressly reserved.
Everything located on this Site is the exclusive property of LOMPOCTRAIL.COM, Inc. or used with express permission of the copyright and/or trademark owner. Trademarks that are located on the Site shall not be deemed to be in the public domain, but rather the exclusive property of GLOBAL WINE PRESS. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, OR OTHERWISE MODIFYING OR USING THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF GLOBAL WINE PRESS IS STRICTLY PROHIBITED.
You may download, print, and/or save copyrighted material for your personal use only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Notice of Privacy Rights to California Residents
In accord with the California Online Privacy Protection Act (the “Act”), GLOBAL WINE PRESS will provide you with the categories of Personally Identifiable Information that it collects through the Site and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires GLOBAL WINE PRESS to inform you, at your request, (1) the categories of Personally Identifiable Information it collects and what third parties it shares that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires GLOBAL WINE PRESS to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or mail to GLOBAL WINE PRESS. When contacting GLOBAL WINE PRESS, please indicate your name, address, phone number, email address, and what Personally Identifiable Information you do not want GLOBAL WINE PRESS to share with associated businesses. Please allow 30 days for a response. There is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.
Non-Confidentiality, Security and Privacy
The information you submit to GLOBAL WINE PRESS is provided for the purpose of disclosure in a variety of ways by GLOBAL WINE PRESS, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the Seller and others for their commercial purposes.
Children under the age the legal drinking age are not permitted to use LOMPOCTRAIL.COM and we do not intentionally collect or maintain Personal Information from those who are under 13 years old. Children between the ages of 13 and 18 should obtain their parent’s permission before submitting information over the internet.
Personal Information Provided By You
GLOBAL WINE PRESS collects Personal Information that you submit to it voluntarily and which you submit in the process of creating or editing your LOMPOCTRAIL.COM account and user profile or which LOMPOCTRAIL.COM may collect through a Facebook app through Facebook. The information may include such things as your name, address, password, photos, reviews, ratings, and any information from any social network you may have connected from.
Information from Other Sources
GLOBAL WINE PRESS may periodically obtain both personal and non-personal information about you from affiliated entities, business partners and other independent third-party sources and add it to our account information. Examples of information we may receive include: updated delivery and address information, purchase history, lists of friends from Facebook and demographic information.
GLOBAL WINE PRESS markets its information to market its Site across the web. When a user visits our Site, a cookie is placed on the user’s computer. Users with this cookie may be directed across advertising networks to receive relevant advertisements.
An "Internet Protocol Address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. GLOBAL WINE PRESS, or its service providers may track your IP Address when you access LOMPOCTRAIL.COM. "Cookies" are small bits of information that a website sends to your computer’s hard drive while you are viewing a website. GLOBAL WINE PRESS may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a better experience on the Site.
Use and Disclosure of Information
GLOBAL WINE PRESS may disclose your Personal Information if it believes in good faith that such disclosure is necessary to comply with relevant laws or to respond to subpoenas or warrants served on GLOBAL WINE PRESS; or to protect and defend GLOBAL WINE PRESS’s rights. You hereby consent to GLOBAL WINE PRESS sharing your Personal Information under the circumstances described herein.
The Ability of Others to View Your Information
Some information you provide through LOMPOCTRAIL.COM, such as your name, profile, comments and reviews, may be shared with other users and posted on publicly available portions of LOMPOCTRAIL.COM or public forums in which you participate.
Third Party Sites and Advertising
LOMPOCTRAIL.COM may contain links to other websites and is not responsible for the privacy practices or content of other websites. Links to other websites are not an endorsement by GLOBAL WINE PRESS and is merely provided as a convenience to you.