OVS Terms of Use Agreement

Last Updated June 29, 2001
 
Thank you for visiting ovs.com (hereafter the "Site"); which is a service of OVS. OVS maintains the Site for your information, education and communication. Please feel free to browse the Site. 
 
OVS makes available for your use on the Site information, documents, software and products (collectively, the "Materials") and various services (the "Services"). Your access and use of the Site, the Materials and the Services are subject to the following Terms of Use Agreement ("Terms of Use") and all applicable laws. Please review the Terms of Use carefully, and, if you agree to them, please feel free to continue visiting the site. 
 

1. User Representations

i. Your Acceptance. 
You agree to the terms and conditions outlined in this Terms of Use with respect to the Site. You agree to review this Agreement prior to reviewing any information or obtaining any documents. OVS may change these Terms of Use at any time by updating the Terms of Use available on the Site. A change in the Terms of Use may include, without limitation, adding to, deleting from, or amending the existing Terms of Use. Any new Terms of Use may address matters that are different than the types of matters that are then contained in the Terms of Use. OVS will not provide you with individual notice of any change in the Terms of Use. You should review the Terms of Use prior to using the Site. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.
 
ii. Parental Consent for Minors. 
This Site is established for the sole use of adults, and may not be used by children. OVS does not wish to use the Site to obtain any information about children or to market any products or services to children. If you are under the age of 18, you are required to provide OVS with written consent from a parent of guardian before using this Site, sending any information about yourself or others, or purchasing any products or services. You must also read, or have your parent or guardian read, the OVS Privacy Statement.
 

2. Copyright and Trademarks

i. Copyright. 
Copyright OVS, 2000. All rights reserved. Everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or with the written permission of OVS. OVS does not warrant or represent that your use of the materials displayed on the Site will not infringe the rights of third parties not owned or affiliated with OVS. Please do not distribute, modify, transmit, reuse, repost, or use the content of the site for public or commercial purposes, including the text, images, or software code without prior written permission from OVS.
 
ii. Trademarks. 
The trademarks, logos, and service marks (collectively the "trademarks") displayed on the Site are registered and unregistered trademarks of OVS, its affiliates and other third party vendors. OVS will enforce its intellectual property rights to the fullest extent of the law.
 

3. Content and Liability Disclaimer

Liability. Your use of the Site is at your own risk. While OVS strives to include accurate and up-to-date information in the Site, OVS makes no warranties or representations as to its accuracy, nor as to its decency, copyright compliance or legality. OVS, its affiliates, as well as any other party involved in creating, producing, or delivering the Site specifically disclaim any liability or responsibility for any errors or omissions in the content of the Site, or any of the forms, documents or Agreements contained on the Site. In particular, but without limiting the foregoing, OVS, its affiliates, and any other party involved in creating, producing, or delivering the Site are NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SITE. 
 
Without limiting the foregoing, everything on the Site, including, but not limited to the Materials and Services, is provided to you "AS-IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY OR FREEDOM FROM COMPUTER VIRUS. OVS DOES NOT WARRANT THAT THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. 
 
i. No Substitute for Professional Advice. 
The forms, agreements and documents within the Site or available through the Site may not be appropriate under the circumstances of a particular transaction. Please consult local laws and regulations, as requirements will vary from state to state.
 
ii. You assume any and all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use or selection of any information, program or document obtained from the Site. 
OVS personnel, and our guest contributors, have exercised their best professional efforts to provide accurate and helpful responses, at no charge. HOWEVER, the nature of this resource is such that the answers are generally brief and simplified, and do not deal with all possible contingencies. Additionally, accepted vineyard management practices are in a constant state of flux, and are not universally accepted. THEREFORE, OVS assumes no liability for the validity or applicability of this information to your specific situation. You use this information at your own risk. In fact, we encourage you to seek other sources of advice and information before taking significant risks. 
 
iii. Links.
The Site may contain links to third party Internet sites. The linked sites are not under the control of OVS, and OVS is not responsible for the content of any linked site or any link contained in a linked site. OVS reserves the right to terminate any link or linking program at any time. OVS does not endorse companies or products to which it links. If you decide to access any of the third party sites linked to the Site, you do so entirely at you own risk.
 

4. Indemnification

You agree to indemnify OVS and its affiliates, directors, officers, employees, vendors and agents from and against any and all liabilities, expenses (including court costs and attorneys' fees), losses and other damages that are caused by, arise out of, or relate to your use of the Site, including, without limitation, any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users of the Site and infringement of intellectual property or other rights. OVS will notify you promptly of any claim for which it seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in any manner prejudicial to OVS's interests, as reasonably determined by OVS. 
 

5. Communication

For information on OVS's Privacy Statement, click here. Any information that is disclosed in chat rooms, forums, message boards, and/or news groups becomes public information and we will collect such information about you as you choose to disclose. 
 

6. Partners and Third Party Vendors

i. OVS Not a Party. 
The Site allows interactive transactions and access to the sites of its Partners and other third party vendors (collectively "Vendors") from which you may purchase certain goods and services. OVS does not control the products or services offered by the Vendors, nor does it control the content of their sites. Unless otherwise stated, Vendors are responsible for all aspects of order processing, fulfillment, billing and customer service. OVS is not a party to the transactions between you and the Vendors. OVS cannot, and does not, make any representations or warranties as to the security of any information (including without limitation credit card and other personal information) you might be requested to give to any Vendor. You are strongly encouraged to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these Vendors. 
 
ii. Vendor Policies. 
All rules, policies (including privacy policies) and operating procedures of Vendors will apply to you while you are on the Vendors' sites. OVS is not responsible for information provided by you to the Vendors. Vendors and OVS are independent contractors and neither party has any authority to make any representations or communications on behalf of the other. 
 

7. Accuracy of Information

Information provided on this Site, including information concerning the products and their use is deemed reliable but not guaranteed. You should verify any and all statements herein. All listings and information are subject to prior sales or changes without prior notice. 
 

8. Copyright Complaints

OVS may, in appropriate circumstances and at its sole discretion, terminate the accounts of users who infringe the copyright of others. If you believe that your work has been used or is accessible on the Site in a way that constitutes copyright infringement, you may notify OVS by providing OVS's copyright agent the following information:
 
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
 
A description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work;
 
A description of where on the Site the material that you claim is infringing is located, reasonably sufficient to permit OVS to locate the material;
 
Your address, telephone number, and email address;
 
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
 
A statement from you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 
 
OVS agent for notice of claims of copyright infringement on this Site can be reached as follows: 
OVS Legal Department
2700 St Joseph Road
McMinnville, Oregon 97128 
Phone: (503) 435-2700 
 

9. Applicable Law

These Terms of Use shall be treated as though they were executed and performed in Portland, OR, and shall be governed and construed in accordance with the laws of the United States of America and, to the extent that state law is applicable, by the laws of the State of Oregon (without regard to conflict of law principles). The language in these Terms of Use shall be interpreted in a neutral manner and in accordance with their fair meaning, and any rule of law or legal decision that would require interpretation of any ambiguities in these Terms of Use against the party that has drafted them is not applicable and is waived. All legal proceedings arising out of or in connection with these Terms of Use shall be brought solely in Portland, Oregon. You expressly submit to the jurisdiction of the federal and state courts located Portland, Oregon, and you consent to extra-territorial service of process. OVS and its affiliates make no warranties or representations that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. 
 

10. Export

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading any Materials, you represent that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. 
 

11. Credit Cards

OVS takes your privacy seriously and we do not collect credit card information online, nor store it in our databases internally. You will be asked for that information each time it is needed. For further information, see our Privacy Policy. 
 

12. Miscellaneous

i. Other OVS Policies. 
For information on OVS's Privacy Policy, see above.
 
ii. Terms of Use Control. 
In the event that any term or statement elsewhere on this Site conflicts with or is contrary to these Terms of Use, these Terms of Use shall control.
 
iii. All Rights Reserved. 
All rights not expressly granted to you in these Terms of Use are reserved to OVS.
 
iv. Compliance with Local Laws. 
You are responsible for compliance with the laws of your local jurisdiction.