Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Welcome to bannerelkwinnery.com(the "Site"), provided by Banner Elk Winnery ("Banner Elk Winnery"). These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Banner Elk Winnery for products, services or otherwise.
All Web site materials, including, without limitation, the Banner Elk Winnery logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright© 2013 Banner Elk Winnery. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Banner Elk Winnery or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only, provided that you may not, without the permission of Banner Elk Winnery or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Banner Elk Winnery, the Banner Elk Winnery logo and the products and services described in this Site, including without limitation Banner Elk Winnery and Banner Elk Winnery Live! are either trademarks or registered trademarks of Banner Elk Winnery and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Banner Elk Winnery. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Banner Elk Winnery, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Banner Elk Winnery. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Licenses and Site Access
Banner Elk Winnery grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Banner Elk Winnery or any third party.
You may not use, frame or utilize framing techniques to enclose any Banner Elk Winnery trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Banner Elk Winnery's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Banner Elk Winnery name, trademark or product name without Banner Elk Winnery's express written consent.
You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray Banner Elk Winnery or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Banner Elk Winnery logo or other proprietary graphic or trademark of Banner Elk Winnery to link to this Site without the express written permission of Banner Elk Winnery. This limited right may be revoked at any time.
Banner Elk Winnery makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Banner Elk Winnery and Banner Elk Winnery is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Banner Elk Winnery is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Banner Elk Winnery of the site or any information contained therein. When leaving the Banner Elk Winnery site, you should be aware that Banner Elk Winnery's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
In using this Site, you agree:
- Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites
- Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites
- Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files
- Not to use or attempt to use another's account, service or system without authorization from Banner Elk Winnery, or create or use a false identity on this Site
- Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings
- Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
Forums and Interactive Areas This Site may include discussion forums or other interactive areas. Forums and interactive areas shall be used only for noncommercial purposes. By using any forum or interactive areas, you agree not to do any of the following:
- Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable
- Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the US Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange or the Nasdaq
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
- Without Banner Elk Winnery's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
Banner Elk Winnery takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Banner Elk Winnery reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless Banner Elk Winnery and its affiliates and parties with whom Banner Elk Winnery has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.
Copyright Policy and Copyright Agent
It is Banner Elk Winnery's policy to respect the copyright and intellectual property rights of others. Banner Elk Winnery may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Banner Elk Winnery may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that Banner Elk Winnery or any user of our site has infringed your copyright in any material way, please notify Banner Elk Winnery's Copyright Agent and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
- An identification of the copyrighted work claimed to have been infringed
- An identification of the material that you claim is infringing so that we may locate it on the site
- Your address, telephone number and email address
- A statement by you 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 by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
You shall remain solely liable for the Content of any messages or other information you upload or transmit to Banner Elk Winnery, including any discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Banner Elk Winnery from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Banner Elk Winnery, or postings on this Site, are nonconfidential and shall become the sole property of Banner Elk Winnery. Banner Elk Winnery shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Banner Elk Winnery, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
This Site together with any documents issued by Banner Elk Winnery and available through this Site contain statements that constitute forward-looking statements within the meaning of the US Private Securities Litigation Reform Act of 1995. Those statements appear in a number of places in this Site together with any documents issued by Banner Elk Winnery and available through this Site and can be identified by the use of forward-looking terminology such as "believe," "expect," "plans," "may," "will," "should," "anticipates" or similar statements or the negative thereof or other variations thereof. Such forward-looking statements include, without limitation, statements made as to future operation costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. Such forward-looking statements are based on current expectations and by their nature involve known and unknown internal and external risks, uncertainties and other factors that may cause the actual results, performance or achievements to be materially different from those expressed or implied. The information contained in Banner Elk Winnery's most recent Annual Reports to Shareholders, including information included under the section captioned "Management's Discussion and Analysis," as well as other information included under the caption "Risk Factors" in other Banner Elk Winnery filings with the Securities and Exchange Commission, identifies important factors that could cause such results, performance or achievements not to be realized. Banner Elk Winnery undertakes no obligation to update forward-looking statements to reflect events or circumstances after the date such statements were made. The information contained within press releases issued by Banner Elk Winnery should not be deemed accurate or current except as of the date the release was posted. Banner Elk Winnery has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Banner Elk Winnery AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY Banner Elk Winnery OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT Banner Elk Winnery DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, Banner Elk Winnery AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
Banner Elk Winnery DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Banner Elk Winnery DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY Banner Elk Winnery VIA EMAIL OR OTHER MEANS, INCLUDING WITHOUT LIMITATION INFORMATION PROVIDED THROUGH Banner Elk Winnery LIVE!, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES Banner Elk Winnery MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Banner Elk Winnery OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
Banner Elk Winnery ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF Banner Elk Winnery, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.
Banner Elk Winnery DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL Banner Elk Winnery OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING Banner Elk Winnery OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE Banner Elk Winnery OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Banner Elk Winnery HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Superior Court of San Francisco County, California, or the United States District Court for the Northern District of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, Banner Elk Winnery reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.