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Terms Of Use

Welcome to our website. The following Terms of Use (“Terms Of Use”) govern your use of this website. These Terms of Use also apply to your use of our mobile apps and our official social media channels, including on Facebook, Twitter, Instagram, and LinkedIn (“Social Media Sites”), to the extent permitted by the social media platform’s terms of use. References to “we,” “our,” “us” or “Our Brand” herein refer to E. & J Gallo Winery, and its brands, affiliates and service providers, and references to our “Site” refer to this website, our mobile apps, and our Social Media Sites.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE BELOW.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

o Signature of person authorized to act on behalf of copyright owner;
o Description of copyrighted work;
o Description of where the infringing material is located on our Site;
o Your address, telephone number, and e-mail address;
o Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
o Statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
If the content was removed under the take-down procedures of the United States Digital Millennium Copyright Act (DMCA), you may be able to file a DMCA counter-notification. In these cases, you'll receive further instructions about this process in the notification you receive from Gallo.

Our designated agent for notice of claims of copyright infringement is:

Kristi Whalen
Legal Department
E & J. Gallo Winery
600 Yosemite Blvd.
Modesto, CA 95354
(209) 341-6349
e-mail: Kristi.Whalen@ejgallo.com

 

 

 

 


o Respect Others. Do not post any content that is derogatory, disparaging, promotes bigotry, is abusive or threatening, vulgar or obscene. Follow the golden rule – treat members of our community fairly and with respect. Nudity and sexually explicit content is not allowed.
o Follow the Law. Illegal activity or discussions encouraging illegal activity will not be tolerated.
o Don’t Infringe. Do not use it unless you have the right to – this means, don’t post photos, images, logos, songs, text or other content that you don’t own or have the right to use.
o Respect Privacy. Do not post or solicit anyone’s name, phone number, address, email address or other personal information. Don’t spam or transmit junk mail.
o 21+ Only. Do not post photos of, or otherwise feature or reference, any individual under the age of 21.
Of course, you must also abide by the terms of use of the social media platform.

 

 

 

 

XII. Disputes

Please contact our Consumer Engagement team with any concerns by utilizing the Contact page on this Site. Any disputes and claims between us that cannot be resolved by our Consumer Engagement team will be resolved in accordance with this dispute resolution provision.

Any dispute or claim related in any way to your use of or otherwise arising out of our Site, including any products purchased through our Site or your participation in any promotional activities, will be resolved by binding arbitration rather than in court, except as specified below.Claims for public injunctive relief (as defined by law) are not subject to this mandatory binding arbitration provision. Similarly, in lieu of arbitration, you may assert claims in small claims court having jurisdiction if your claims qualify.

There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

You may opt out of these dispute resolution procedures by calling Consumer Engagementat 1-888-295-0247 or emailing ConsumerRelations@ejgallo.comto request the opt out form. Your completed opt out form must be received by Gallo within 30 days of the date when you first accept these Terms of Use, or it will not be valid.

The arbitration will be conducted by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Gallo will reimburse those fees for claims demanding less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Gallo will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Unless we agree otherwise, the arbitration hearing will take place in the county of your billing address.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim may be brought only in the state and federal courts located in Sacramento County, California. This provision will survive any termination of these Terms of Use.