WEBSITE TERMS OF USE

Maximus Vineyard Management (herein referred to as “MVM”) welcomes you to its website (the “Site”)! These terms of use (“Terms of Use”) apply exclusively to your access to, and use of, this Site so please read them carefully.

MVM reserves the right to change or modify any of the terms contained in these Terms of Use, at any time and in its sole discretion without prior notification. Any changes or modification will be effective upon posting of the revisions to this Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use from time-to-time to understand the terms and conditions that apply to your use of this Site.

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY SUBSEQUENT CHANGES THERETO. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE, OR OTHERWISE USE THIS SITE.

TRADEMARK, COPYRIGHT NOTICE AND AUTHORIZED USE OF SITE

This Site contains many of the valuable trademarks owned and used by MVM. These trademarks and related proprietary property may not be copied, distributed, or displayed, or reproduced, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except as expressly provided in these Terms of Use or with the prior written permission of MVM.

Copyrighted and copyrightable materials on this Site, including, without limitation, MVM logos, design, text, graphics, pictures, documents and files, and the selection, and arrangement thereof, are the property of MVM, including all intellectual property rights therein including copyright.

ALL RIGHTS RESERVED.

You are authorized to access, use and view this Site, and to copy and print documents published by MVM on this Site, for your personal and internal use only. In consideration of this authorization, you agree that any copy of these documents shall retain all trademark, copyright and proprietary notices contained thereon.

Except as stated above, no part of this Site may be reproduced, stored in any retrieval system, or transmitted in any form or by any means, whether electronic, mechanical, printed, photocopied, recorded, or otherwise.

You may not use, frame, or utilize framing techniques to enclose any MVM 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 the express written consent of MVM. Further, you may not use any meta tags or any other “hidden text” utilizing MVM’s name, trademark, or product name without MVM’s express written consent.

MVM reserves the right, without notice and in its sole discretion, to terminate your permission or license to use this Site, and to block or prevent future access to and use of this Site. Without limiting the foregoing, any unauthorized use of this Site will automatically terminate the permission or license granted by these Terms of Use and may violate applicable law including without limitation copyright laws and trademark laws.

DISCLAIMERS

MVM strives to ensure that the information contained in this Site is accurate and reliable. However, MVM makes no representation, warranties or conditions about any information contained in this Site. THIS SITE AND THE INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MVM DOES NOT REPRESENT OR WARRANT THAT INFORMATION IN THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MVM IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS RELATING TO INFORMATION ON THIS SITE. WHILE MVM ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THIS SITE IS SAFE, MVM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MVM DOES NOT WARRANT THAT THIS SITE WILL OPERATE CONTINUOUSLY OR ERROR FREE.

MVM may from time to time revise the information, services, products, prices, and the resources contained in or referred to in this Site, and reserves the right to make such changes without any obligation to notify past, current, or prospective visitors.

IN NO EVENT SHALL MVM BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION (i) DIRECT DAMAGES, (ii) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, AND (iii) PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, ANY INFORMATION PROVIDED THEREIN OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF MVM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

In any event, you agree that MVM maximum aggregate liability for damages arising out of or related to these Terms of Use shall be limited to $10.

The limitations of liability and disclaimers in these Terms of Use apply regardless of the form of action, whether for breach of or repudiation of contract, warranty, strict liability, negligence or other tort, or any other legal or equitable theory, and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract.

LINKS TO THIRD PARTY SITES

This Site may link to sites not maintained or related to MVM. These links are provided as a convenience to users and are not sponsored by or affiliated with this Site or MVM. MVM makes no representations, warranties or conditions about these links or the sites linked to this Site. Further, MVM does not implicitly endorse third-party sites linked to this Site. If you access third party websites you do so at your own risk and it is your responsibility, not the responsibility of MVM, to take any and all appropriate protective measures before linking to these third party websites, including without limitation to guard against viruses and other destructive elements. MVM is not responsible for the contents of any page linked to this Site or any other page not under its control.

SUBMISSIONS

You agree that any materials, including but not limited to questions, comments, suggestions, documents, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to MVM through this Site, or postings on this Site, are non-confidential (subject to MVM’s Privacy Policy) and shall become the exclusive property of MVM. MVM shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose (subject to MVM’s Privacy Policy), commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to MVM, irrevocably waives any and all “moral rights” in such materials, including the rights of integrity and to be to be recognized as the author.

MISCELLANEOUS

These Terms of Use are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, excluding any conflict of laws rules that would apply another body of law. These Terms of Use constitute and contain the entire agreement between you and MVM with respect to its subject matter and supersedes any prior oral or written agreements. If any provision of this policy is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this policy will otherwise remain in full force and effect and enforceable.