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Terms of Use for Rene Barbier Website

General

These TERMS OF USE constitute an agreement between you and Freixenet USA, Inc., distributor of Rene Barbier wines (“we”, “our” or the “Company”). Use of this Site signifies your agreement with the following Terms of Use. We reserve the right, in our sole discretion, to modify these Terms of Use at any time and you agree to be bound by such modifications through your use of the Site. Please exit this Site immediately if you do not accept these Terms of Use, are not of a legal age for consuming alcoholic beverages in the country or other territory in which you are located, or are accessing our Site in a country or other territory where use of our Site is not permitted.

Trademarks, Copyrights & Restrictions

Rene Barbier, Rene Barbier Mediterranean Red, Rene Barbier Mediterranean White, Rene Barbier Mediterranean Rose are trademarks held by the Company, its parent or affiliates. All other marks indicated by the ® registration mark are trademarks held by their respective owners.

All materials on this site, including, but not limited to, images, illustrations, audio clips, video clips (the “Materials”) are protected by copyrights which are owned or licensed by the Company. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from any website owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company’s copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.

Submissions

Although comments and questions are welcomed, the Company does not accept unsolicited submissions or creative ideas for its programs, promotions, or products. Any bulletin board postings, messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of the Company. Furthermore, the Company is not responsible for the confidentiality of any information communicated to the Site. By communicating Materials to the Site, you are granting the Company a royalty-free, non-exclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform and display the Materials for any purpose, including, but not limited to, advertising and promotional purposes.

Acceptable Use

You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site. You may not use our Site:

• In any way that breaches any applicable local, national or international law or regulation.

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

• For the purpose of harming or attempting to harm minors in any way.

• To send, knowingly receive, upload, download, use or re-use any Materials which do not comply with our content standards below.

• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

• If you are under the legal age to consume alcoholic beverages under applicable law.

Disclaimers

By using this Site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, agents, distributors and affiliates for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.

THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE WEB SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.

The Materials provided on this web site are for entertainment and promotional purposes only. Neither the Company, nor its officers, directors, employees, agents, distributors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company’s web site.

Termination

The Company may, in its sole discretion, terminate or suspend your access to all or part of the site. In the event this agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities and limitations of liabilities set forth in this agreement shall survive any such termination.

Jurisdiction

This site is controlled and operated by the Company from the Company’s headquarters in Sonoma, CA. The Company does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of California, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of California. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the site, and the agreement may be modified by the Company at any time.

Contact information

If you have any questions, concerns, or comments about our legal policies you may contact us using the information below:

By E-Mail: info@freixenetusa.com
By Phone: (707) 996-7256
By Mail: Freixenet USA Inc.
967 Broadway
Sonoma, CA 95476

We reserve the right to make changes to these policies. Any changes to these policies will be posted.

Privacy Policy for Rene Barbier Website

This website is owned by Freixenet USA, Inc., distributor of Rene Barbier wines (“we”, “our” or the “Company”). Thank you for visiting our web site (the “Site”). This privacy policy tells you how we use personal information collected at this Site. Please read this privacy policy before using the Site or submitting any personal information. By using the Site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the Site to make sure that you understand how any personal information you provide will be used. Note, the privacy practices set forth in this privacy policy are for this Site only. If you link to other web sites, please review the privacy policies posted at those sites. To the extent any linked website you visit is unrelated to the Company, we are not responsible for its content or any use of the website.

Collection of Information

We collect personally identifiable information that our visitors volunteer to us, including, but not limited to name, date of birth, address, city, state, zip code, telephone numbers, cell phone numbers, gender, household income ranges, consumption habits, product usage, attitudes and preferences regarding our products and other personal information (collectively, “Personal Information”). Any Personal Information you send us will be used for the purpose indicated on the Site or as stated in this policy.

Use of Personal Information

This Personal Information will be held by us and may be used by us and our affiliated companies and their agents, partners, or licensees. We will not sell, exchange or otherwise distribute your Personal Information to unaffiliated third parties without your consent, except to the extent required by law, or as set out below:

–Agents and Service Providers. We sometimes contract with other companies and individuals to perform functions or services on our behalf. They may have access to Personal Information needed to perform their functions, but are restricted from using the Personal Information for purposes other than providing services for us.

–Business Transfers. In the event that our business is transferred to or merged with another company or entity, your Personal Information may be transferred to another company or entity that is part of the business transfer or merger.

–Legal Matters. We may preserve and disclose any Personal Information and any information about your use of this Site if we have a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of the Company its affiliates, other users of this Site, or the public; (b) enforce the Site’s TERMS OF USE; or (c) respond to claims that any content violates the rights of third-parties. We may also disclose information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.

The Personal Information we receive will be used in our marketing, promotion and advertising of our products. As a result of providing us with your contact information, we may contact you by sending you mailings or other communications (electronic or otherwise) regarding our products, services, promotions, or upcoming events that we believe may be of interest to you. We may also ask you (or have a service provider ask on your behalf) to participate in a survey seeking information or opinions related to our category of products.

Persons Under Legal Drinking Age Are Not Allowed

We maintain this Site for the use of individuals who are of legal age to consume alcoholic beverages under applicable law, and you must be of legal drinking age where you decide to access the Site or provide information to us. We do not solicit or knowingly collect personal information from persons under such legal drinking age, and we do not knowingly market our products or services to persons under such legal drinking age.

Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

Commitment to Data Security

Your Personal Information is kept secure. Only authorized affiliates, employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Our Commitment To Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under the age of 21, and no part of the Site is structured to attract anyone under the age of 21.

Special Features/Promotions

At various places on this Site we have special features or promotions such as a postcard or invite-a-friend feature. These communications are facilitated through our servers. We will use the information in accordance with your instructions. The recipient will be informed that you sent the communication through the Site. We may have other promotions or sweepstakes on our Site. When you enter a promotion or sweepstakes, we will ask for Personal Information about you. We will use this information for the purposes of administering the promotion or sweepstakes. We will also use and store this information for the purposes set forth under “Collection of Information” above unless you instruct us otherwise either through mechanisms provided with the entry form or elsewhere on the Site. Any additional uses for this information will be set forth in the Official Rules of the promotion.

Your Information and Opting-Out

If you do not want to receive further communications from us, please send a written request to the postal or e-mail address set out in this Privacy Policy.

Information Related to Employment

If you choose to submit your resume or apply for a position with us through this Site, we will use (and transfer, if necessary) the information you provide in order to evaluate your experience as it relates to potential employment opportunities with the Company or our affiliated companies throughout the world. We will use the information to contact you regarding any positions for which we believe you may be interested in submitting an application or other opportunities at the Company or our affiliates that we think may interest you.

Contact information

If you have any questions, concerns, or comments about our legal policies you may contact us using the information below:

By E-Mail: info@freixenetusa.com
By Phone: (707) 996-7256
By Mail: Freixenet USA Inc.
967 Broadway
Sonoma, CA 95476

We reserve the right to make changes to these policies. Any changes to these policies will be posted.

Cookies Policy for Rene Barbier Website

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal Information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

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