Terms of use

Welcome to www.enjoymazza.com (the “Site”). Robert Mazza Inc. (“Mazza”) provides website features to you subject to the following terms and conditions (the “Terms of Use” or “Agreement”). These Terms of Use set forth the terms and conditions that apply to the use of the Site by you (“you” or the “End User”). By using the Site, you agree to all of the Terms of Use set forth below. Please read them carefully. If you do not wish to agree to the Terms of Use, please refrain from using the Site.

PRIVACY

Please review our Privacy Notice, which this Agreement is incorporated as part of, and governs your visit to the Site, to understand our privacy practices.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY COPYRIGHT

All content on this Site is the property of Mazza or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Mazza and is protected by U.S. and international copyright laws. All software used on this site is the property of Mazza or its software suppliers and is protected by the United States and international copyright laws.

COPYRIGHT COMPLAINTS

If you believe that your work has been copied and posted on our site in a way that constitutes copyright infringement, you should provide Mazza with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:

Please provide:

(1) a description of the copyrighted work that you believe has been infringed;

(2) a description of the material that you claim is infringing the copyrighted work and a detailed description of where it is located on our website;

(3) your address, telephone number, and email address;

(4) a written 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;

(5) a statement by 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; and

(6) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to Mazza at the following address:

Robert Mazza Inc.

11815 East Lake Road

North East, PA 16428

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of Mazza or others.

TRADEMARKS

www.enjoymazza.com and other www.enjoymazza.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Mazza in the U.S. Mazza’s trademark and trade dress may not be used in connection with any product or service that is not Mazza Wine’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Mazza. All other trademarks not owned by Mazza that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mazza.

LICENSE AND SITE ACCESS

Mazza grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Mazza. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Mazza. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mazza without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Mazza’s name or trademarks without the express written consent of Mazza. Any unauthorized use terminates the permission or license granted by Mazza. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.enjoymazza.com so long as the link does not portray Mazza, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mazza logo or other proprietary graphic or trademark as part of the link without express written permission. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.

MONITORING

Mazza shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that are or may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Mazza, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Mazza shall have the right, but not the obligation, to remove any material that Mazza, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, including without limitation, comments that contain the following: Hate speech-language that degrades others on the basis of gender, race, national origin, religion, sexual orientation or disability; Personal attacks – language that is threatening, intimidating, defamatory, libelous or encourages others to cause injury or property damage to any person; Invasion of privacy – phone numbers, email addresses, physical addresses or other personal information; Off-topic – opinions and arguments unrelated to the article to which the comments are attached or to the comments of other readers; Advertising – solicitations of any kind, all spam including comments or links that are repeatedly posted; Copyright/Plagiarism – comments that appear to violate copyright laws.

PRODUCT & SERVICE DESCRIPTIONS

Mazza attempts to be as accurate as possible. However,
Mazza does not warrant that content of this site is accurate, complete, reliable, current, or error-free.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MAZZA. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ROBERT MAZZA. AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, VENDORS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. MAZZA DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR-FREE, AVAILABLE AT ALL TIMES, OR AVAILABLE WITHOUT INTERRUPTION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAZZA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MAZZA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ROBERT MAZZA INC’S SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MAZZA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAZZA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.

INDEMNIFICATION & RELEASE

You agree to defend, indemnify, and hold harmless Mazza and its affiliates, directors, officers, employees, and agents from and against all claims, damages, and expenses, including reasonable attorney’s fees, arising out of or related to any products or services you purchase in connection with the Site, your use of the Site, or your violation of any third-party right. You are solely responsible for interactions with other users of the Site. To the extent permitted by applicable law, you hereby release Mazza from any and all claims or liability related to any product or service of Mazza and any conduct, action, or inaction by Mazza or another user of the Site. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The indemnity and release provisions of this section shall survive the termination of this Agreement.

APPLICABLE LAW & DISPUTES

By visiting www.enjoymazza.com, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Mazza. Any dispute relating to anyway to your visit to www.enjoymazza.com or to products or services sold or distributed by Mazza or through www.enjoymazza.com shall be adjudicated in any state or federal court in Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site. We suggest that you re-read our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by You after such notice shall be deemed to constitute acceptance by You of such modifications. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ENTIRE AGREEMENT

The Agreement (including any terms incorporated by reference herein), constitutes the entire agreement between Mazza and you with respect to your access, use, and receipt of services from the Site and supersedes all prior agreements, negotiations and discussions between you and us relating to the same. There are no third-party beneficiaries of the Agreement. We exclude any representations and warranties previously given or made in relation to the same.

TERMINATION

Mazza may terminate this Agreement at any time. Without limiting the foregoing, Mazza shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Mazza, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions above relating to Intellectual Property, Disclaimer of Warranties & Limitation of Liability, Indemnification & Release, and Applicable Law & Disputes will survive termination of this Agreement?

OUR ADDRESS

Robert Mazza Inc.

11815 East Lake Road

North East, PA 16428