Disclaimer of Liability
Neither Baywood Cellars nor its contributors
shall be held liable for any improper or incorrect use of the
information described and/or contained herein and assumes no responsibility
for anyone's use of the information. In no event shall Baywood
Cellars or contributors be liable for any direct, indirect, incidental,
special, exemplary, or consequential damages (including, but not
limited to, procurement or substitute goods or services; loss
of use, data, or profits; or business interruption) however caused
and on any theory of liability, whether in contract, strict liability,
or tort (including negligence or otherwise) arising in any way
out of the use of this system, even it advised of the possibility
of such damage. This disclaimer of liability applies to any damages
or injury, including but not limited to those caused by any failure
of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication
line failure, theft or destruction or unauthorized access to,
alteration of, or use of record, whether for breach of contract
tortious behavior, negligence or under any other cause of action.
Indemnification
User agrees to defend, indemnify, and hold
harmless, Baywood Cellars, its contributors, any entity jointly
created by them, their respective affiliates and their respective
directors, officers, employees, and agents from and against all
claims and expenses, including attorneys' fees, arising out of
the use of the on-line service by user or user's account.
Disclaimer of warranties/accuracy of data
Although the data found herein have been produced and processed
from sources believed to be reliable, no warranty expressed or
implied is made regarding accuracy, adequacy, completeness, legality,
reliability or usefulness of any information. This disclaimer
applies to both isolated and aggregate uses of the information.
Baywood Cellars provides this information on an "as is"
basis. All warranties of any kind, express or implied, including
but not limited the implied warranties of merchantability, fitness
for a particular purpose, freedom from contamination by computer
viruses and non-infringement of proprietary rights ARE DISCLAIMED.
Changes may be periodically added to the information herein; these
changes may or may not be incorporated in any new version of the
publication. If you have obtained information from Baywood Cellars
from a source other than Baywood Cellars, be aware that electronic
data can be altered subsequent to original distribution. Data
can also quickly become out-of-date. It is recommended that careful
attention be paid to the contents of any metadata associated with
a file, and that the originator of the data or information be
contacted with any questions regarding appropriate use. If you
find any errors or omissions, we enourage you to report them to
mail@baywood-cellars.com.
Disclaimer of endorsement
Baywood Cellars distributes content
sometimes supplied by third parties and users. Any opinions, advice,
statements, services, offers, or other information or content
expressed or made available by third parties, including information
providers, users, or others, are those of the respective author(s)
or distributor(s) and do not necessarily state or reflect those
of Baywood Cellars and shall not be used for advertising or product
endorsement purposes. Reference herein to any specific commercial
products, process, or service by trade name, trademark, manufacturer,
or otherwise, does not constitute or imply its endorsement, recommendation,
or favoring by Baywood Cellars.
Disclaimer for Hypertext Links
Neither Baywood Cellars nor its contributors
is responsible for the contents of any off-site pages referenced.
The user specifically acknowledges that neither Baywood Cellars
or its contributors is liable for the defamatory, offensive, or
illegal conduct of other users, links, or third parties and that
the risk of injury from the foregoing rests entirely with the
user. Links from Baywood Cellars on the World Wide Web to other
sites do not constitute an endorsement from Baywood Cellars. These
links are provided as an information service only. It is the responsibility
of the viewing party to evaluate the content and usefulness of
information obtained from other sites.
Disclaimer of Duty to Continue Provision
of the Data
Due to the dynamic nature of the Internet, resources that are
free and publicly available one day may require a fee or restrict
access the next, and the location of items may change as menus,
homepages, and files are reorganized. User expressly agrees that
use of Baywood Cellars's website is at the user's sole risk. Neither
Baywood Cellars nor any of it's employees, agency, third party
content providers or licenser warrant that the service will be
uninterrupted or error free.
Choice of Law
Construction of the disclaimers above and resolution of disputes
thereof are governed by the laws of the State of California.