Welcome to the Locatour Wine Cellars site (the “Site”), designed to educate you about our wines, promotions, and sponsored events. We strive to make the Site a rewarding experience for all our users at every visit, hoping you will return time and again. To maintain an enriching user experience, we ask that you adhere to the Terms and Conditions of Use for the Site as outlined below. All further mention to “we” or “Locatour Wine Cellars” refers to Locatour Wine Cellars, our affiliates, subsidiaries, service providers and designees.
To access the Site you must be of legal drinking age in the country where you reside. Should you not be of legal drinking age in your residing country or territory, please exit the Site now.
Use of the Site is void where prohibited. By using the Site, you affirm all information you provide is accurate and truthful, and that you are not in violation of any applicable law or regulation.
Information Submitted Through the Site
Rules of Conduct
By using the Site, you agree to respect all applicable laws, regulations, and rules, as well as the rights and dignity of other users. Use of the Site and Services is your acceptance to comply with the following rules of conduct. Failure to comply may result in termination of access to the Site.
You agree not to:
· Post, transmit, or otherwise make available through or in connection with the Site:
o Information or materials that are or may be threatening, harassing, degrading, hateful, defaming, libelous, false, obscene, indecent, pornographic, or that are protected by copyright, trademark, trade secret, or that portray or encourage irresponsible drinking
o Information or materials that are open to criminal or civil liability, or that encourages partaking in criminal activities of any sort
o Viruses, Trojan Horses, spyware, or any other computer code, file, or program that is harmful, or that is intended to damage or disrupt the operation of or monitor the use of any hardware, software, or equipment
o Unsolicited or unauthorized advertisements not previously approved by Locatour Wine Cellars in writing
o Personally identifiable and/or non-public information about a person/company without their prior written consent
· Use the Site unlawfully
· Use the Site to violate the rights and privacy of others, including collecting information about other users of the Site
· Impersonate a person or entity, falsely state or misrepresent yourself or your affiliation with a person or entity in connection with the Site, or state or imply Locatour Wine Cellars endorses any statement you make
· Interfere with the operation of the Site or the servers or networks used to make the Site available, or violate the requirements, procedures, policies, or regulations of said networks
· Restrict other users from accessing the Site
· Reproduce, copy, sell, link to or otherwise misuse for commercial purposes any portion of the Site
· Modify, adapt, translate, or disassemble any portion of the Site
· Download and store any Site content
· Use any type of manual or automatic device to retrieve, “data mine”, index, or gather content from the Site, or reproduce or circumvent the navigational structure or presentation of the Site
ANY INFORMATION YOU CHOOSE TO MAKE PUBLICLY AVAILABLE IS DONE AT YOUR OWN RISK.
Locatour Wine Cellars, our affiliates, or our service providers may offer features through the Site that allow you to post information, photos, or other materials publicly on your personal “profile page” (your “Profile”). All rules of conduct described above apply.
User Generated Content
Locatour Wine Cellars reserves the right to reject, deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. This includes the right to refuse to post or to remove any posting, including private messages.
The Site may contain opinions, statements, or other content submitted by third parties for which Locatour Wine Cellars is not responsible for screening, monitoring, or verifying, including the content’s accuracy, reliability, or compliance with laws. Content made available by third parties is strictly the opinions of the third party and is not endorsed by Locatour Wine Cellars.
Locatour Wine Cellars may, without obligation, monitor, alter, refuse to post, or remove Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose. If you are aware of any unlawful, offensive, or objectionable content on the Site please click on “Contact Us”.
Termination and Enforcement
Links To or From Other Websites
Unless otherwise stated, Locatour Wine Cellars is not associated with operators of any third party websites that link to or are linked from the Site. We disclaim any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Site. We make no guarantees to your satisfaction with products or services that are available through any third party site that links to or is linked from the Site. We do not make warranties as to the security of any information that you may provide or be requested to provide to any third party, whether through such third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES IS AT YOUR OWN RISK AND THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES OF SUCH THIRD PARTY SITES THAT APPLIES.
Locatour Wine Cellars reserves the right to block links to third party websites without prior notice and at its sole discretion.
The Site is provided “as is”. All materials and information on the Site are provided to you without warranty, express or implied, of the accuracy and reliability of the content, whether it be content provided by Locatour Wine Cellars, user generated content, or content posted by a third party. Locatour Wine Cellars takes no responsibility for the third party advertisements, applications, or goods and services posted on or through the Site. We are not responsible for the conduct, online or offline, of any user of the Site, including, without limitation, any Submission posted by any user. We assume no responsibility for errors, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any user communication. We are not responsible for technical problems including but not limited to problems with telephone network or lines, computer online systems, service providers, computer equipment, software, failure of any emails, traffic congestion on the Internet or on any portion of the Site, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading content in connection with the Site. Under no circumstances shall Locatour Wine Cellars be responsible for any loss or damage, including personal injury or death, resulting from the use of the Site, attendance of an event, from content posted by other users, or from the conduct of users, online or offline.
Certain states do not allow the exclusion or limitation of certain warranties or liabilities, therefore the above limitations or exclusions may not apply to you.
Limitations of Liability
Locatour Wine Cellars shall not be liable for any damage, claim, or loss incurred by you, including but not limited to, incidental, direct, indirect, special, consequential or exemplary damages, loss of profits, loss of use, loss of data, or loss of security, irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages. This applies to all causes of action. Your sole and exclusive resolution for dissatisfaction with the Site is to stop using the Site. If the warranty exclusion or limitation of liability set forth in this use agreement is for any reason whatsoever held unenforceable or inapplicable, you agree the aggregate liability of Locatour Wine Cellars for all damages, losses, and causes of action, shall be the total amount, if any, paid by you to Locatour Wine Cellars to access and use the Site.
· Your use, inability to use, or activities in connection with the Site
· Any transaction
· Any allegation that a Submission or other material that you make available through the Site infringes or otherwise violates the intellectual property, privacy, or other rights of any third party
· Your violation of any rights of any user
Locatour Wine Cellars invites you to drink our wines responsibly.
Locatour Wine Cellars, Manteca, CA
This Agreement governs the limited permission grants for establishing a hyperlink between a user's website and Locatour Wine Cellars’ (the “Brand”) website (the “Site”) www.LocatourWines.com. By creating a hyperlink between your website and the Site, you agree to be subject to this Agreement. So, if you are willing to agree to the following requirements, you may link to our site under the following conditions:
· This Agreement applies only to the Site.
B. You may link by using only standard text hyperlinks, such as those shown above. You may not link by using any trademark, service mark, logo, or other proprietary images, brand names, icons or other intellectual property of the Brand either on the Site or in any website source code (such as a meta tag) and no such rights are granted herein.
C. You agree that each site on which the link will appear shall conform and be in compliance with the following guidelines:
· Each site shall only market products to adults and shall have an independently audited demographic indicating at least 71.6% of its site visitors are of legal drinking age in the country/territory which they reside.
· Each site will comply with the laws, local industry codes and regulations, including any limitations or restrictions, imposed by the governments of the markets in which our products or your products are marketed or sold.
· No site will use religious or other cultural symbols in a way that is likely to offend a particular religious or ethnic group.
· No site will use sexual slang, situations or depictions, or exploit the human form. You agree not to use the link on any website that contains, or links to any other websites that contain obscene, discriminatory, offensive, political or pornographic material of any kind.
· With respect to the promotion and use of beverage alcohol, none of the sites on which the link will appear will violate, nor will they contain any content prohibited by, the Wine Institute Code of Advertising Standards available at:
· You agree not to use the link on any website that disparages the Brand, the Site, or the Brand’s products or services, or which infringes on the Brand’s or its affiliates’ intellectual property or other rights.
· You may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of the Sites.
· You may link only to the opening page for the Site and you may not skip the web pages requiring the viewers of the Site to verify their age.
· You agree to indemnify and hold the owners of the Brand and its affiliates (“Brand and Affiliates”) harmless from and against any claims for damages or other claims, asserted against the Brand and Affiliates including without limitation all indirect liability claims, consequential damages, losses, liabilities, costs and expenses (including without limitation reasonable legal fees) arising from your website being linked to the Site.
· The Brand reserves the right to seek the appropriate remedies against any action by you that does not conform to these terms and conditions.
Locatour Wine Cellars invites you to drink our wines responsibly.
©2019 Locatour Wine Cellars, Manteca, CA
Last Updated: July 2019
The Site is maintained strictly for individuals who are of legal age to consume alcoholic beverages under applicable law. As a result, we do not request or knowingly collect personal information from individuals under legal drinking age. If you are not of legal drinking age, you should not access the Site.
Information Collection and Use
The Site collects information volunteered by you, including but not limited to Contact information, location, birthdate, gender, household income ranges, consumption habits, product usage, opinions of our products and other personal information (collectively, “Personal Information”). Any Personal Information you provide will be used as indicated on the Site or as stated in this Policy.
Use of Personal Information
We may use the information we collect from you to:
Provide you with information, services and products offered on our Site;
Provide, with your consent, information, services and products to our partners;
Respond to or follow-up on your comments, inquiries, or other requests;
Communicate with you about your account or use of our Site;
Improve the quality of our Site, services and products, and tailor them to your preferences;
Communicate with you about special offers and other marketing communications; and
Verify that you are of legal drinking age in your jurisdiction (if applicable).
In addition, we use your information for compliance with our company policies and procedures, for accounting and financial purposes, and as otherwise described above. If you do not provide this information we may not be able to fulfill the applicable purpose of collection, such as to respond to your queries or provide our Site to you.
How We Share Your Information
The Personal Information you provide is held by Company or an agent of Company, and may be used by our affiliates, partners, agents, or licensees. The information will not be sold, exchanged, or otherwise distributed to unaffiliated third parties, except to the extent required by law, or as outlined below:
Our Affiliates, Subsidiaries and Business Partners – We may share your information with our affiliates, subsidiaries and business partners in the US and worldwide for the purposes described above and for other general business administration purposes. By visiting our Site or otherwise providing us with your information, you consent to this transfer of your information throughout our network of entities. To opt-out of such disclosures, please see the “Contact Preferences and Opting Out” section below.
Agents/Service Providers – The business and operation of Company may be supported by other companies and individuals who perform services on our behalf (e.g., processing credit card payments, sending email marketing communications, processing job applications, data analysis, hosting or operating our Site and other business support services). Personal Information may be provided to these entities under contract including an agreement of confidentiality. The scope of their access will be limited to Personal Information required to perform the functions of these services.
Business Transfers – Where permitted by law, we may transfer your information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any position of our business, brands, affiliates, subsidiaries or other assets.
Any Personal Information received may be used in the marketing, promotion, and advertising of Company. Such information may be used for purposes such as processing your orders; inviting you to participate in online and offline events; to improve the quality of our products and services; and to send promotional communications and offers. Therefore, providing your information may result in Company making contact with you by mail or other communications (electronic or otherwise) regarding our products, services, promotions, surveys, or events.
When you use our Site, Company may collect information passively, by using technologies such as cookies to remember you in order to personalize your web experience. A cookie is a string of text-only information that a website transfers to the cookie file of the browser on your computer so the website can remember certain information about you. This allows us to provide you with a custom experience that may include offers, advertisements, language and location preferences. Most browsers are initially set to allow cookies, but also offer the option to restrict cookies or warn you of their use. By disabling cookies, you won’t be able to enjoy the convenience provided by our customization.
To find more information about cookies please visit www.allaboutcookies.org.
Contact Preferences and Opting-Out
Company wants to communicate with you in a manner you find helpful. If you no longer wish to receive email marketing communications from us, you may opt-out of receiving marketing-related emails by using the unsubscribe method provided in our communications (e.g., by clicking on the “unsubscribe” link in the email to unsubscribe). Such communications may include information about products or services, promotions, or upcoming events. Please note that unsubscribing from our promotional material will not prevent Company from contacting you for other reasons, such as order confirmations, responses to customer service inquiries, or information about an event for which you have registered.
Alternatively, to the extent that applicable law requires your prior opt-in consent to receive marketing and promotional emails, we will ask for your consent and you can choose not to opt-in.
Company takes commercially-reasonable technical, administrative, and physical security measures to protect your Personal Information from unauthorized or inappropriate use. All information collected through the Site is collected, stored, and processed in the United States. When you provide us sensitive information (e.g., credit card number), we encrypt that information. However, as no security system is wholly failsafe impenetrable, we cannot guarantee the security of our database or the information you supply while being transmitted to us over the Internet. If you have reason to believe that your interaction with us is no longer secure, please contact us immediately as detailed under the “Contact Information” section below.
Personal Information will be requested when you enter a promotion or sweepstakes on the Site to be used for the purpose of administering the promotion or sweepstakes and potential future opportunities. The Personal Information will also be used and stored as set forth under the “Use of Personal Information” section unless otherwise indicated by you through the means provided under “Contact Preferences”. Any further uses of the Personal Information will be outlined in the Official Rules and Regulations for the specific promotion.
Notice to California Residents – Your California Privacy Rights
If you are a resident of California, California Civil Code Section 1798.83 (known as the “Shine the Light” law) permits you to request information regarding the disclosure of your personal information, if any, with other businesses for their own direct marketing purposes. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2019 will receive information regarding 2018 sharing activities).
To make such a request, please write us at:
Trade Practice Compliance
12001 South Highway 99
Manteca, California 95336
Locatour Wine Cellars invites you to drink our wines responsibly.
©2019 Locatour Wine Cellars, Manteca, CA