Terms of Use

This website is owned by Freixenet USA, Inc. (“we”, “our” or the “Company”). Thank you for visiting our web site (the “Site”). Use of this Site signifies your agreement with the following Terms of Use. We reserve the right, in our sole discretion, to modify these Terms of Use at any time and you agree to be bound by such modifications through your use of the Site. Please exit this Site immediately if you do not accept these Terms of Use, are not of a legal age for consuming alcoholic beverages in the country or other territory in which you are located, or are accessing our Site in a country or other territory where use of our Site is not permitted.

Trademarks, Copyrights & Restrictions
Freixenet, Freixenet Cordon Negro, Freixenet Brut De Noirs, Freixenet Mia, Freixenet Elyssia and Freixenet Carta Nevada are trademarks held by the Company, its parent or affiliates. All other marks indicated by the ® registration mark are trademarks held by their respective owners.

All materials on this site, including, but not limited to, images, illustrations, audio clips, video clips (the “Materials”) are protected by copyrights which are owned or licensed by the Company. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from any web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company’s copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.

Submissions
Although comments and questions are welcomed, the Company does not accept unsolicited submissions or creative ideas for its programs, promotions, or products. Any bulletin board postings, messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of the Company. Furthermore, the Company is not responsible for the confidentiality of any information communicated to the Site. By communicating Materials to the Site, you are granting the Company a royalty-free, non-exclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform and display the Materials for any purpose, including, but not limited to, advertising and promotional purposes.

Acceptable Use
You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site. You may not use our Site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any Materials which do not comply with our content standards below.
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Disclaimers
By using this Site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, agents, distributors and affiliates for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.

THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE WEB SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.

The Materials provided on this web site are for entertainment and promotional purposes only. Neither the Company, nor its officers, directors, employees, agents, distributors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company’s web site.

Termination
The Company may, in its sole discretion, terminate or suspend your access to all or part of the site. In the event this agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities and limitations of liabilities set forth in this agreement shall survive any such termination.

Jurisdiction
This site is controlled and operated by the Company from the Company’s headquarters in Sonoma, CA. The Company does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of California, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of California. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the site, and the agreement may be modified by the Company at any time.

Contact Information
If you have any questions, concerns, or comments about our legal policies you may contact us using the information below:
By E-Mail: info@freixenetusa.com
By Phone: (707) 996-7256

We reserve the right to make changes to these policies. Any changes to these policies will be posted. Latest update: June 2011.