Terms and Conditions of Use
Definition of User:
By your use of Paglione Estate Winery's website, you agree to be bound by the following terms and conditions which are a legal and binding agreement between you and Paglione Estate Winery. You immediately become a user by advancing beyond the Home Page or by entering information into any search field or selecting information from any navigation fields, or by taking a screen shot of the home page. You are considered a user even if you do not register for an account. You are considered a user, and bound by these terms and conditions, when you engage with our website as an unknown Guest.
Limitations on Use:
You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your written consent to allow any of your minor dependents to use this site.
We do not knowingly collect or distribute personal information of minors. If you believe your child has provided personal information to us in breach of this policy, please contact us at the address provided at the end of this policy, and we will cooperate with you to remove the information from our system.
By accessing Paglione Estate Winery's website, you agree that you will only use it for its intended purposes and avoid engaging in behavior that is unlawful or violates these Terms of Use. You may not co-brand, frame, or hyperlink to Paglione Estate Winery website, unless Paglione Estate Winery has given its prior, written permission. These include;
·Displaying Paglione Estate Winery's brand, trademarks, or logos on any website not affiliated with Paglione Estate Winery.
·Framing Paglione Estate Winery's website within any structure or navigation element of a website not affiliated with Paglione Estate Winery.
·Providing a hyperlink to Paglione Estate Winery's website on an unaffiliated website.
You agree to cooperate with Paglione Estate Winery and immediately discontinue any unauthorized occurrences, of the above, upon request. You agree not to engage in any activity that disables, overburdens, damages, or impairs the ability of others to use Paglione Estate Winery's website. You may not access, or attempt to access, information or confidential materials which are not intentionally made available through Paglione Estate Winery's website. This includes, but is not limited to, any databases that provide the foundation of data used to drive Paglione Estate Winery's website.
Third Party Links and Hyperlinks:
Paglione Estate Winery's website may be hyperlinked, with our permission, by other websites not owned or maintained by Paglione Estate Winery. When you follow a link to a third-party website from Paglione Estate Winery's website you are accessing external content and therefore agree to that respective third-party’s policies and terms of the websites you visit. Paglione Estate Winery is not responsible for the content of external third-party links, which you should access at your own risk and discretion. Paglione Estate Winery does not guarantee the completeness, accuracy, or safety of third-party links. Paglione Estate Winery provides hyperlinks as a convenience to customers and website users, and links to third party websites do not represent an endorsement of other organizations, their products, or their services by Paglione Estate Winery.
Communication Services:
By using the communication services, bulletin boards, forums, and any other messaging systems provided on the Paglione Estate Winery's website, you agree to use these services only for their intended purposes and according to these Terms of Use. You will not post, send, submit, publish, or transmit any of the following on Paglione Estate Winery's digital platforms:
- Proprietary material or intellectual property belonging to Paglione Estate Winery or a third party
- Materials describing or advocating for illegal activity or expressing the desire or intent to commit a crime
- Vulgar, obscene, or pornographic material
- Threats, abuse, libel, defamation, harassment, or threatening or offensive language
- Materials that harm or exploit children and minors
- Names, phone numbers, addresses, email addresses, or other personal details of any third party
- Misleading or exploitative content, or any material that impersonates or misrepresents another entity or person
- Material that is not properly attributed to the appropriate author or legal owner
- Material consisting of personal or commercial solicitations, “spam,” chain letters, or any other mass messaging
- Material that contains malware, viruses, or any other destructive mechanism that poses a risk to the website
- Solicitations for political campaigns or a political candidate
Paglione Estate Winery reserves the right to monitor the use of its website and other digital platforms to ensure compliance with these Terms of Use. Paglione Estate Winery reserves the right to remove any content which violates these Terms of Use and to restrict the access of users who refuse to follow the guidelines outlined herein. Paglione Estate Winery may disclose to third parties, including law enforcement personnel, as much information as necessary to satisfy applicable law and the orders of any court or administrative agency, and to ensure the safety of Paglione Estate Winery's business, customers, and employees. Paglione Estate Winery will remove, or deny the use of, any materials from its website that do not satisfy the requirements outlined in these Terms of Use.
Proprietary Information:
The material and content accessible from this website operated, licensed, or otherwise controlled by Paglione Estate Winery (the “Content”) is the proprietary information of Paglione Estate Winery or the party that provided or licensed the Content to Paglione Estate Winery. The Content expressly includes trademarks, service marks, logos, and copyrighted works belonging to Paglione Estate Winery and its affiliates. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Paglione Estate Winery, except for printing out a copy of the Content solely for personal use. In doing so, the Content may not be removed or altered, or caused to be removed or altered, including any copyright, trademark, trade name, service mark, or other proprietary notice or legend appearing on the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Paglione Estate Winery intellectual property rights. Neither title nor intellectual property rights are transferred to anyone accessing this website.
Submitting Content:
By submitting content to Paglione Estate Winery through its website, you grant Paglione Estate Winery the worldwide, royalty-free, sub-licensable, non-cancellable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display comments, reviews, ideas, and feedback through its website. Paglione Estate Winery also reserves the right to incorporate such content into other forms of media or technology to further its business objectives. Such submissions will not be considered confidential and may be used in marketing materials, products, or advertising without incurring any liability for royalties. Paglione Estate Winery will handle the security of personal information and details according to its Privacy Policy.
Website Warranty Disclaimer:
Paglione Estate Winery does not assume any responsibility for your use of the Internet or the downloading of potentially harmful files. You are responsible for protecting your computers and mobile devices from viruses, malware, worms, Trojan horses, and other security risks that may harm the integrity of your hard drive, files, or operating systems. You are responsible for protecting your data with personal anti-virus software, firewalls, and other sufficient programs, and recovering your lost data, in the event of a security breach or malfunction.
Paglione Estate Winery makes no warranties, whether express or implied, by law or otherwise, with regard to the use of our website and other digital platforms, or any products or services purchased thereon, including but not limited to any implied warranties of merchantability, non-infringement, or fitness for a particular purpose. Your use of Paglione Estate Winery website is at your own risk, and the content contained on our website is presented as is and without guarantee against errors, defects, or security risks. We make no warranty regarding, and are not responsible for any interruption of, internet service. We expressly disclaim any responsibility for any loss, damage or injury to persons or property caused by your use of the websites and other digital platforms.
You are responsible for the entire cost of servicing, repairing, or correcting any loss or damage resulting from the use of Paglione Estate Winery website. Prices and availability of products sold on Paglione Estate Winery website may change without notice. Paglione Estate Winery does not assume responsibility for your use of the Content on its website and cannot be liable if your actions infringe on the rights and privacy of others. All of the information on Paglione Estate Winery website applies only as of the posted date, and Paglione Estate Winery has no obligation to update or remove such information upon request.
Limitation of Liability:
Paglione Estate Winery and the “Indemnified Parties” (defined below) will not be liable or responsible for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Paglione Estate Winery was advised of the possibility of such damages. At no point will the collective liability of Paglione Estate Winery or any of the aforementioned parties (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to Paglione Estate Winery for the applicable Content or service out of which liability arose. The limitation on liability set forth above may not apply in certain states. In these states, you may have additional remedies or damages available to you.
Indemnity:
If you breach or violate these Terms of Use or the Privacy Policy, or use any of Paglione Estate Winery Content for a purpose not explicitly authorized by Paglione Estate Winery in these Terms of Use, you will release, defend, indemnify, and hold harmless Paglione Estate Winery and the Indemnified Parties (defined below) from responsibility for such breaches and violations. You agree that Paglione Estate Winery and the Indemnified Parties will have no liability for any resulting losses, damages, judgments, awards, costs, expenses, and attorney’s fees in connection with such breach or unauthorized use, and you will release, defend, indemnify and hold harmless Paglione Estate Winery and the Indemnified Parties from the same. You also release, defend, indemnify and hold harmless Paglione Estate Winery and the Indemnified Parties from any liability pertaining to claims brought by third parties that result from your breach, violation, or unauthorized use of Paglione Estate Winery website and content. “Indemnified Parties” includes Paglione Estate Winery, and any parent company, subsidiaries, and affiliates thereof, and their respective officers, directors, shareholders, partners, employees, agents, representatives, subcontractors, successors, and assigns.
Choice of Law and Jurisdiction:
These Terms of Use will be governed and interpreted according to the laws of Ontario, Canada, without giving effect to its conflict of law principles. In the case of a legal dispute concerning these Terms of Use, the use of Paglione Estate Winery website, or other legal matter, you consent to venue in a court of competent jurisdiction within the geographic boundary of Windsor Essex County, Ontario, Canada.
Security:
Your password for Paglione Estate Winery's website is for your use only. You are responsible for keeping your password safe, secure, and updated regularly. Paglione Estate Winery will not monitor or protect your password, and you may be required to change it if Paglione Estate Winery suspects the security of its website has been compromised. You must use a password that Paglione Estate Winery deems secure and change it periodically, or Paglione Estate Winery reserves the right to terminate your account.
The use of tools or programs designed to compromise Paglione Estate Winery website security (password breaking software, hacking tools, or unwanted probes) is strictly prohibited. By using Paglione Estate Winery's website, you agree to take the appropriate actions to maximize the security of your own account information, as well as cooperate with Paglione Estate Winery's employees and security staff if a breach of security is discovered. You are prohibited from compromising security, tampering with system resources, or willingly releasing account details to unauthorized parties. Paglione Estate Winery reserves the right to investigate any violation or breach of security by releasing personal details to system administrators or legal authorities to resolve security incidents. In the case of a court or administrative agency order or other legal inquiry, Paglione Estate Winery reserves the right to comply and cooperate with law enforcement and satisfy such requests for user information. If requested for legal purposes, Paglione Estate Winery may disclose such information as names, user account details, messages, or any proof of violation of Paglione Estate Winery Terms of Use. By using Paglione Estate Winery's websites, you release Paglione Estate Winery and the Indemnified Parties from any liability for losses or damages resulting from Paglione Estate Winery compliance with such orders or inquiries, which are taken as a consequence of your activity on its website.
Tracking Information Legal Restrictions:
Paglione Estate Winery may provide you with tracking information obtained through various shipping services for the purpose of tracking orders mailed to you from its website. Any package tracking system and tracking information obtained through this service are the sole property of the third party’s respective services. You will not use these tracking systems for purposes not permitted by these Terms of Use. Any unauthorized use of these services, other than to track shipments to you, will be considered a violation of these Terms of Use.
You will not publish, distribute, copy, store, use, or sell such tracking information for commercial gain without the express consent of the applicable shipper(s). The respective tracking systems are provided as a service, and any access or use of these systems that violates these Terms of Use is strictly prohibited.
Termination or Restriction of Access:
If you violate any of Paglione Estate Winery’s Terms of Use, Paglione Estate Winery may at any time, and without notice, terminate or restrict your access to its website and services.
Assignability:
Paglione Estate Winery reserves the right to assign these Terms of Use in part or in full to any affiliate or successor of Paglione Estate Winery. You may not assign your rights and obligations described in these Terms of Use without prior, written consent from Paglione Estate Winery.
Severability:
If any provision, in part or in full, of these Terms of Use is determined to be void or unenforceable, the remaining provisions of these Terms of Use shall not be affected. All remaining provisions shall remain binding, and in full force and effect.
Disputes:
(a) Disputes and Claims. If any dispute or claim of any type arises between us with regard to your use of the Paglione Estate Winery website or any products or services sold or distributed through the website, the dispute or claim will be resolved by binding arbitration, rather than through the courts. The exception to this requirement is described in subparagraph (e) below. In arbitration, there is no judge or jury. The arbitrator, however, can award damages just as a judge or jury can.
(b) Arbitration Procedures. Any arbitration proceeding will be administered by a neutral arbitrator who is a member of or affiliated with the Canadian Arbitration Association (CAA), in accordance with its then current rules and procedures pertaining to consumer disputes. We will jointly select a single arbitrator, but if we cannot agree on the selection of an arbitrator, the CAA will designate the arbitrator for us. The arbitrator may conduct the arbitration by teleconference or videoconference. If the arbitrator deems it necessary to conduct the arbitration in person, the arbitration will be held at a location which is mutually agreeable to us. In the event we cannot agree on a location, the arbitrator shall choose a location, taking into account the cost and ability to travel of the parties.
(c) Arbitration Fees and Incentives. The CAA rules will govern payment of all arbitration fees. Paglione Estate Winery will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(d) No Class Actions. We agree that all disputes between us will be resolved on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
(e) Exceptions to Agreement to Arbitrate. Either you or Paglione Estate Winery may assert claims, if they qualify, in small claims court in Windsor Essex County, Ontario or in any Canada county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the arbitration described above.
(f) You understand, by agreeing to arbitrate all disputes and claims as set forth above, that you are waiving your right to resolve your dispute or claim through other available dispute resolution processes, including court actions or administrative proceedings. You understand and agree that you are also waiving your right to a trial by jury and, pursuant to subparagraph (d) above, your right to participate in any class arbitrations, actions, or consolidated or representative arbitrations of any kind.
(g) Governing Law. The Commercial Arbitration Act and Applicable Federal Law will govern this agreement to arbitrate. Except for the provision relating to the waiver of class and representative actions, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the remainder of this agreement to arbitrate shall remain in effect. If any court finds the provision relating to the waiver of class and representative actions to be invalid or unenforceable, then the entirety of this Section regarding Disputes shall not apply.
Privacy Statement:
For more information on Paglione Estate Winery’s privacy practices and policies, please see our Privacy Policy.
User Account:
When you sign up for an account on Paglione Estate Winery website, you will be asked to provide specific information in order to create an account. You acknowledge that all information you provide is current, correct, and complete according to these Terms of Use. Paglione Estate Winery reserves the right to terminate your account or refuse you access to its websites if you provide outdated, incorrect, false, or incomplete information. Paglione Estate Winery may take these measures at any time and without prior notice.
Pricing:
We reserve the right to change pricing without notice.
Promotional / Clearance / Discontinued Items:
Promotional prices are only good while supplies last, and are provided on a first come, first served basis. Paglione Estate Winery does not offer back orders or rain checks. Other sales, discounts, or promotional codes will not be applied to clearance pricing. Clearance items are not eligible for, or count toward, any shipping promotions or discounts, even when combined with other items in your order.
All sales for clearance items are final, and clearance items are sold “as is.” Clearance items cannot be returned or refunded. Paglione Estate Winery does not guarantee that the quantity of clearance items you order will be shipped. All quantities shown for clearance items are estimates, and if Paglione Estate Winery does not have the quantities you request when your order is processed, you will receive the quantities available to ship.
Product Description and Representation:
We make every effort to provide accurate depictions of our products. Product attributes may vary within our product lineup and may result in variations in the appearance of surface, packaging, as well as the appearance of component finishes.