PLEASE READ THESE TERMS AND CONDITIONS OF USE, WHICH INCLUDES OUR PRIVACY POLICY, BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Sonoma Gourmet LLC.

 Thank you for visiting http://www.sonomagourmet.com (the “Site”) which is operated by Sonoma Gourmet LLC (“Sonoma Gourmet,” “Sonoma Gourmet LLC”, “we”, “us”, or “our”)! We hope you find our Site informative and enjoyable. Please read these Terms and Conditions of Use carefully because by using our Site, using, downloading or installing any software and/or Content (as defined herein) available from or through our Site (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms of Use, which includes and incorporates our PRIVACY POLICY and when we refer to our Terms and Conditions of Use, we mean it shall include our Privacy Policy as well.

 

Content and Copyright, Trademark, and Related Issues

The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the "Content") are for your personal informational purposes only. We authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice. The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited.  Sonoma Gourmet will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.

 

Linking / Third Party Links on Our Site 

Our Site may contain links to other Web sites. Sonoma Gourmet does not recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party Web sites and is not responsible for such Web sites’ terms of use or privacy policies or how they may treat your information. Your use of third-party Web sites is at your own risk. Please be mindful of this as you link to other sites. In general, Sonoma Gourmet does not object to links to our Site from third-party Web sites. However, you must abide by the following rules:

  • Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site. 

  • Do not present the link to our Site in any way that suggests Sonoma Gourmet or our Site has any relationship or affiliation with your Web site or endorses, sponsors or recommends the information, products or services on your Web site, unless you have a specific written agreement with Sonoma Gourmet to do so;

  • Link only to the home page of our Site; and 

  • Do not, without Sonoma Gourmet’s written permission,: (a) incorporate any content from our Site into your Web site (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any "metatag" or other information used by search engines or other information location tools to identify and select Web sites.

 Sonoma Gourmet will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful Web site, or any Web site that may adversely affect the name, reputation and goodwill of Sonoma Gourmet and its products. Sonoma Gourmet reserves the right to cancel permission to link at any time, for any reason. 

 

Limitation of Liability

The use of the Site and Content is at your own risk and are provided "as is." Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, SONOMA GOURMET AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, Sonoma Gourmet shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

 

Indemnification

You agree to defend, indemnify, and hold Sonoma Gourmet, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

 

General

Sonoma Gourmet is based in Sonoma, California, in the United States of America. Sonoma Gourmet makes no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.

 

Law that Applies; Interpretation and Modification

You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of Sonoma, State of California, to adjudicate and resolve any dispute with Sonoma Gourmet, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content.

YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Terms of Use are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.  No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

 

Copyright Violations

Sonoma Gourmet respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sonoma Gourmet’s Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is Sonoma Gourmet’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide Sonoma Gourmet’s Copyright Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov). 

 

DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you would like to submit a claim of copyright infringement, please substantiate each claim by sending Sonoma Gourmet’s registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:

Copyright Agent
Sean Sheelen
21684 8th Street East
Sonoma, CA 95476
info@sonomagourmet.com

While you may call us, this does not constitute a proper Notification to us. To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:

(a) Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

(b) Identification of the copyrighted material claimed to have been infringed.

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled.

(d) Information reasonably sufficient to permit Sonoma Gourmet to locate the material that is claimed to be infringing or to be the subject of infringing activity.

(e) Information reasonably sufficient to permit Sonoma Gourmet to contact you, such as a physical address, email address, and telephone number.

(f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

DMCA COUNTER-NOTIFICATION

If you elect to send us a Counter-Notification, please send an email or letter to Sonoma Gourmet’s registered Copyright Agent at the email or mailing address below:

Copyright Agent
Sean Sheelen
21684 8th Street East
Sonoma, CA 95476
info@sonomagourmet.com

While you may call us, this does not constitute a proper Counter-Notification to us. To be considered effective, a Counter-Notification must be submitted in writing and include the following information:

(a) Physical or electronic signature of the user or a person authorized to act on behalf of the user.

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. 

(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. 

(d) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the County of Sonoma, State of California and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

 

Complete Agreement

These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and Sonoma Gourmet regarding the Site and supersedes any and all other terms, representations, promises or discussions. Only Sonoma Gourmet has the authority to agree to amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing and executed by Sonoma Gourmet.

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” form or via U.S. mail to: Sonoma Gourmet, 21684 8th Street East, Suite 100. Sonoma, CA 95476

Sonoma Gourmet MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING

November 2014