IMPORTANT LEGAL INFORMATION
This site is owned and operated by the California Table Grape Commission (CTGC). The following provisions will govern the relationship between CTGC and yourself (the User).
By accessing this site and by downloading, copying, or otherwise using any Contents of this site, User expressly acknowledges and agrees that:
1. Contents of this Site. CTGC reserves the right to modify, withdraw, or update Contents at any time, without notice.
2. User Communications and Third Party Sites. Although this site may contain User Communications and/or may contain links, pointers, or other references to internet sites owned or operated by persons other than CTGC (Third Party Sites), User agrees that:
a. CTGC shall have no responsibility to investigate, supervise, monitor, or otherwise attempt to regulate any User Communications or the contents of or products or services offered by any Third Party Sites;
b. CTGC shall have no responsibility for any copying or other uses that may be made by other persons of User Communications to this site or to any Third Party Site;
c. User acknowledges and assumes the risk that User Communications to this site and that User Communications to, contents of, or products and services offered by any Third Party Sites: (i) may contain computer "viruses" or otherwise involve the potential to interfere with the operation of or otherwise harm User's computer hardware, software, or data, (ii) may be inaccurate, (iii) may not be held private, (iv) may not meet or satisfy expected quality standards, including any express or implied warranties; or (v) may violate applicable laws and regulations.
3. Disclaimer of Warranties and CTGC's Liability. ALL CONTENTS OF THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS", AND, TO THE MAXIMUM EXTENT ALLOWED BY LAW, CTGC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTY CONCERNING THE CONTENTS THEREOF OR ANY SERVICES OR PRODUCTS PROVIDED BY THIRD PARTY SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE (WHETHER OR NOT SUCH USE IS KNOWN TO CTGC), AND NON-INFRINGEMENT. USER ACCESSES AND MAKES ALL USES OF THE CONTENTS OF THIS SITE AND ANY THIRD PARTY SITES AT USER'S RISK. IN NO EVENT SHALL CTGC OR ANY OF ITS AGENTS, EMPLOYEES, OFFICERS, OR COMMISSIONERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND OR ON ANY THEORY, INCLUDING (WITHOUT LIMITATION) EQUITABLE OR CONTRACTUAL INDEMNITY, BUSINESS INTERRUPTION, LOST PROFITS, BUSINESS INTERRUPTION WITH RESPECT TO ACCESSING OR USING CONTENTS OF THIS SITE OR ANY THIRD PARTY SITES. USER's SOLE REMEDY WITH RESPECT TO THE CONTENTS OF THIS SITE OR ANY THIRD PARTY SITE, OR WITH RESPECT TO USER's INABILITY TO ACCESS CONTENTS ANY SUCH SITE, SHALL BE TO DISCONTINUE USE OF THIS SITE.
BULLETIN BOARDS & OTHER USER COMMUNICATIONS
From time to time, this site may provide bulletin boards or other opportunities for users to communicate information to CTGC or to other users (collectively, Bulletin Boards). By posting messages, inputting files or other data, or otherwise communicating any information to this site (a User Communication), User agrees as follows.
1. User's Responsibility. User shall be solely responsible for the contents of any User Communication, including (not by way of limitation) ensuring its accuracy and any violations of this Agreement. User shall indemnify, defend and hold CTGC and its agents, employees, officers and commissioners free and harmless from and against any liability, claims, damages, or expenses (including attorneys' fees) arising from or concerning the User Communication or any violation of this Agreement by User.
2. Limitations on User Communications. User agrees not to make any User Communication to this site that:
a. Is defamatory, obscene, indecent, or in any way unlawful under any applicable laws or regulations;
b. Would constitute a violation of any other person's copyrights, trademark or servicemark rights, patent rights, privacy rights, or other rights whatsoever (this limitation shall apply to materials contained in the User Communication that are derivative of any materials that are so protected);
c. Contains a computer "virus" or other components which involve the potential to interfere with the operation of or otherwise harm CTGC's or any other person's computer hardware, software, or data; and
d. Which contains any advertising or otherwise is intended to promote the sale of User's goods or services, unless CTGC has given prior written consent to the specific advertisement or promotional material.
3. License. User grants to CTGC a perpetual, unrestricted, irrevocable worldwide license to copy, sublicense to third persons and otherwise use all or any portion of any User Communication, in original or modified form, including (not by way of limitation) any private or proprietary information, materials, or other contents thereof and whether or not protected by copyright, trademark, servicemark, patent, or other laws.
The headings herein are for convenience only and shall not be used to interpret this Agreement. This Agreement shall not be strictly construed against any party hereto. Invalidation of any of the provisions of this Agreement shall in no way affect any of the other provisions hereof, or the application thereof to any other person or entity and such other provisions shall remain in full force and effect. This Agreement shall be interpreted and enforced pursuant to the laws of the State of California, without regard to its choice of law rules.