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.
·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.
- 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
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.
Choice of Law and Jurisdiction:
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.
Tracking Information Legal Restrictions:
Termination or Restriction of Access:
(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.
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.