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OVS believes that strong
electronic privacy is crucial for the ongoing
success of the Internet as a service, commercial and
entertainment medium, and is committed to protecting
your privacy as much as possible. To that end, we
have developed a set of policies and practices,
which are designed to illustrate the type of
information we collect from you, how and where we
store the information, with whom we share the
information, and how you can choose to opt-out and
modify your personal information.
Privacy,
Security and Cookies
As a matter of policy, OVS does not sell, transfer,
or provide information of a personal nature to any
other company. However, we do collect information in
the aggregate, and use it internally to better serve
our customers by analyzing traffic patterns, types
of information accessed, length of time spent in
certain areas of the site, etc.
We use a secure
server for your online transactions.
When you place an order or access your order or
account information, we offer the use of secure
servers. The secure server software (SSL) encrypts
all information before it is sent to us.
Furthermore, all of the customer information we
collect is protected against unauthorized access.
This site has security measures in place to protect
the loss, misuse and alteration of the information
under our control. Credit card information is stored
only in highly secured databases.
Unfortunately, no data
transmission over the Internet can be 100% secure.
As a result, although we use every effort to protect
your personal information using the latest
encryption and security technologies, OVS cannot
ensure or guarantee the security of any information
that you transmit to us or from our online products
or services, and you do so at your own risk.
We use
third-party intermediaries.
The financial information we collect is used ONLY to
bill you for products you purchase, and then to
deliver those products to you. When you purchase
from us, we send your credit card information, name,
and billing address to credit card companies for
verification and to authorize your purchase. We give
your name and shipping information to third-party
shippers who use this information to deliver your
purchase.
Other personal
information is maintained within a secure Windows NT
Server environment on our database. Only authorized
individuals within our company are allowed to access
this information.
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No visitor
information is sold or traded to other companies.
Your Internet Protocol (IP) address and email
address are used to help identify you and to gather
broad demographic information. We also use your IP
address to help diagnose problems with our server
and to administer our Website. We may also collect
referral data (e.g. the address of the last URL a
user visited prior to clicking through to our site)
and browser and platform type (e.g. a Netscape
browser on a Windows platform) in order to track our
relationships with other companies and our aggregate
clientele's interests and needs, but none of it is
associated with you as an individual. We may also
use the information we collect to notify you about
important changes to our website and special offers
that might be of interest to you. Users have the
option to not receive future communications (see
Opt-Out below). We may also collect aggregate search
terms for internal reporting and targeted
advertising, product monitoring, product improvement
and targeted advertising.
Our site uses forms for
customers to request information regarding our
products and services including pricing and
ordering. We collect user-specific contact
information (such as email addresses and mailing
addresses) and financial information (such as
account or credit card numbers) for purposes of
ordering and billing for these products and
services. Contact information is used by OVS to
contact the visitor regarding their price quote
and/or purchase. We do not sell, rent, trade or
transfer this customer-specific information to any
third parties. We may provide aggregate statistics
about the use of our website, and customer sales,
traffic patterns and other e-commerce related
information to reputable third party vendors, but
these statistics will have no information, which
personally identifies our customers or visitors.
Sweepstakes and
Contests
From time to time, we may sponsor sweepstakes,
contests or other events, which require the
collection, processing and storage of individual
contact and demographic information necessary to
conduct the event. We will not share that
information with any third parties except to the
extent necessary to fulfill prize awards and state
and federal regulatory requirements.
Other Marketing
Communications
You may elect to receive a variety of special
mailings, including content newsletters and or
e-mail marketing communications announcing new
products and features and other e-mail broadcast
programs. If you wish to end your subscription,
simply follow the instructions or e-mail us at
webmaster@ovs.com.
If you wish to opt out of other communications,
please see Opt-Out below.
Links to Other
Sites
This site contains links to other sites. OVS is not
responsible for the privacy practices or the content
of such Websites.
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Cookies
A cookie is a small bit of text used by a browser to
store information. When you visit a site that uses
cookies, the Web server will request permission to
pass a cookie to your browser. If accepted, it will
occupy only a few bytes on your hard drive and can
improve your Web surfing experience. OVS uses
cookies to track customer visits through our site.
We use cookies to remember your name and the
contents of your shopping cart. This allows you to
leave our site, come back later, and still have the
contents of your shopping cart intact. It also lets
us personalize your experience with us, tailoring
the content to your interests. Our website requires
the use of cookies. Turning off cookies or rejecting
the cookie will prevent you from accessing certain
features on our website.
This information enables
us to save you time when returning to the site by
saving your access information so you don't have to
re-enter it each time you visit. Cookies cannot
profile your system or collect information from your
hard drive. And although you may receive cookies
from many different sites, the Web server that
originally issued it can only read each cookie. We
do not use cookies to store credit card numbers or
other personal identification. You are not
identified by name or e-mail address, just by a
unique string of numbers that we assign the first
time you come to our site.
Your Consent
By using our online information and ordering
services you consent to the collection of this
information within the parameters allowed by our
privacy policy. Please note that the information you
enter may be transferred outside the European
Economic Area for the purposes of processing by OVS
and its affiliates and in order to maintain accounts
for you at other OVS websites. By submitting your
order, you consent to this transfer. Your personal
information may also be used by us and our
affiliates to occasionally notify you about
important functionality changes to our website, new
OVS services and special offers that we think may be
helpful to you. If you would rather not receive this
information, please see the Opt-Out information
below.
Online Surveys
We may occasionally run our own online surveys and
ask visitors for contact information (such as email
address) and demographic information (such as zip
code, age, or income level). We use contact data
from our surveys to send users information about our
company. This information is also used to contact
the visitor when necessary. The demographic
information is used to learn more about the types of
people who visit our site. Users may opt-out of
receiving future mailings; see opt-out section
below.
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Change/Modify
Your Information
You can change your personal information with us in
the following three ways:
1. Send mail to the
following postal address:
Webmaster
OVS
2700 St. Joseph Road
McMinnville, Oregon 97128
2. You can call us at:
1-800-653-2216
3. Email us at
webmaster@ovs.com
Opt-Out
Should you care to not receive promotional
materials, notification of changes on our Website or
other materials, please feel free to opt-out by
contacting us at the address and phone number above,
or by emailing
webmaster@ovs.com
or by clicking on the "Unsubscribe" button on the
home page and stating your request.
Changes in this
Policy
OVS will post any changes to our policy on this page
of our website. It is your responsibility to
periodically check this privacy policy for changes.
We will not individually notify you of any changes,
but any changes will apply to you as long as you use
our site.
Contact OVS
If you have any questions about our privacy policy
or your visit to this website, please contact us at:
Webmaster
OVS
2700 St Joseph Road
McMinnville, Oregon 97128
Phone: 1-800-653-2216
Local: 503-435-2700
Fax: 503-474-0476
Email:
webmaster@ovs.com
Please send email to
webmaster@ovs.com
to have your email address removed from our database
or to correct or update any of your information.
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Terms of Use Agreement
OVS
June 29, 2001
Thank you for visiting
ovs.com (hereafter the "Site"); which is a service
of OVS. OVS maintains the Site for your information,
education and communication. Please feel free to
browse the Site.
OVS makes available for
your use on the Site information, documents,
software and products (collectively, the
"Materials") and various services (the "Services").
Your access and use of the Site, the Materials and
the Services are subject to the following Terms of
Use Agreement ("Terms of Use") and all applicable
laws. Please review the Terms of Use carefully, and,
if you agree to them, please feel free to continue
visiting the site.
1. User
Representations
i. Your Acceptance.
You agree to the terms and conditions outlined in
this Terms of Use with respect to the Site. You
agree to review this Agreement prior to reviewing
any information or obtaining any documents. OVS may
change these Terms of Use at any time by updating
the Terms of Use available on the Site. A change in
the Terms of Use may include, without limitation,
adding to, deleting from, or amending the existing
Terms of Use. Any new Terms of Use may address
matters that are different than the types of matters
that are then contained in the Terms of Use. OVS
will not provide you with individual notice of any
change in the Terms of Use. You should review the
Terms of Use prior to using the Site. Your continued
use of the Site following the posting of changes to
these terms will mean you accept those changes.
ii. Parental Consent
for Minors.
This Site is established for the sole use of adults,
and may not be used by children. OVS does not wish
to use the Site to obtain any information about
children or to market any products or services to
children. If you are under the age of 18, you are
required to provide OVS with written consent from a
parent of guardian before using this Site, sending
any information about yourself or others, or
purchasing any products or services. You must also
read, or have your parent or guardian read, the OVS
Privacy Statement.
2. Copyright and
Trademarks
i. Copyright.
Copyright OVS, 2000. All rights reserved. Everything
you see or read on this Site is copyrighted unless
otherwise noted and may not be used except as
provided in these Terms of Use or with the written
permission of OVS. OVS does not warrant or represent
that your use of the materials displayed on the Site
will not infringe the rights of third parties not
owned or affiliated with OVS. Please do not
distribute, modify, transmit, reuse, repost, or use
the content of the site for public or commercial
purposes, including the text, images, or software
code without prior written permission from OVS.
ii. Trademarks.
The trademarks, logos, and service marks
(collectively the "trademarks") displayed on the
Site are registered and unregistered trademarks of
OVS, its affiliates and other third party vendors.
OVS will enforce its intellectual property rights to
the fullest extent of the law.
Top of Page 3. Content and
Liability Disclaimer
Liability.
Your use of the Site is at your own risk. While OVS
strives to include accurate and up-to-date
information in the Site, OVS makes no warranties or
representations as to its accuracy, nor as to its
decency, copyright compliance or legality. OVS, its
affiliates, as well as any other party involved in
creating, producing, or delivering the Site
specifically disclaim any liability or
responsibility for any errors or omissions in the
content of the Site, or any of the forms, documents
or Agreements contained on the Site. In particular,
but without limiting the foregoing, OVS, its
affiliates, and any other party involved in
creating, producing, or delivering the Site are NOT
LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SITE.
Without limiting the
foregoing, everything on the Site, including, but
not limited to the Materials and Services, is
provided to you "AS-IS" AND "AS AVAILABLE," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, COMPATIBILITY,
SECURITY OR ACCURACY OR FREEDOM FROM COMPUTER VIRUS.
OVS DOES NOT WARRANT THAT THE FUNCTIONS WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE
CORRECTED. Please note that some jurisdictions may
not allow the exclusion of implied warranties, so
some of the above exclusions may not apply to you.
Check your local laws for any restrictions or
limitations regarding the exclusion of implied
warranties.
i. No Substitute for
Professional Advice.
The forms, agreements and documents within the Site
or available through the Site may not be appropriate
under the circumstances of a particular transaction.
Please consult local laws and regulations, as
requirements will vary from state to state.
ii. You assume any
and all responsibilities and obligations with
respect to any decisions or advice made or given as
a result of the use or selection of any information,
program or document obtained from the Site.
OVS personnel, and our guest contributors, have
exercised their best professional efforts to provide
accurate and helpful responses, at no charge.
HOWEVER, the nature of this resource is such that
the answers are generally brief and simplified, and
do not deal with all possible contingencies.
Additionally, accepted vineyard management practices
are in a constant state of flux, and are not
universally accepted. THEREFORE, OVS assumes no
liability for the validity or applicability of this
information to your specific situation. You use this
information at your own risk. In fact, we encourage
you to seek other sources of advice and information
before taking significant risks.
iii. Links.
The Site may contain links to third party Internet
sites. The linked sites are not under the control of
OVS, and OVS is not responsible for the content of
any linked site or any link contained in a linked
site. OVS reserves the right to terminate any link
or linking program at any time. OVS does not endorse
companies or products to which it links. If you
decide to access any of the third party sites linked
to the Site, you do so entirely at you own risk.
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Indemnification
You agree to indemnify
OVS and its affiliates, directors, officers,
employees, vendors and agents from and against any
and all liabilities, expenses (including court costs
and attorneys' fees), losses and other damages that
are caused by, arise out of, or relate to your use
of the Site, including, without limitation, any
claim of libel, defamation, violation of rights of
privacy or publicity, loss of service by other users
of the Site and infringement of intellectual
property or other rights. OVS will notify you
promptly of any claim for which it seeks
indemnification and will afford you the opportunity
to participate in the defense of such claim,
provided that your participation will not be
conducted in any manner prejudicial to OVS's
interests, as reasonably determined by OVS.
5. Communication
For information on OVS's
Privacy Statement, click here. Any information that
is disclosed in chat rooms, forums, message boards,
and/or news groups becomes public information and we
will collect such information about you as you
choose to disclose.
6. Partners and
Third Party Vendors
i. OVS Not a Party.
The Site allows interactive transactions and access
to the sites of its Partners and other third party
vendors (collectively "Vendors") from which you may
purchase certain goods and services. OVS does not
control the products or services offered by the
Vendors, nor does it control the content of their
sites. Unless otherwise stated, Vendors are
responsible for all aspects of order processing,
fulfillment, billing and customer service. OVS is
not a party to the transactions between you and the
Vendors. OVS cannot, and does not, make any
representations or warranties as to the security of
any information (including without limitation credit
card and other personal information) you might be
requested to give to any Vendor. You are strongly
encouraged to make whatever investigation you feel
necessary or appropriate before proceeding with any
online or offline transaction with any of these
Vendors.
ii. Vendor Policies.
All rules, policies (including privacy policies) and
operating procedures of Vendors will apply to you
while you are on the Vendors' sites. OVS is not
responsible for information provided by you to the
Vendors. Vendors and OVS are independent contractors
and neither party has any authority to make any
representations or communications on behalf of the
other.
3. Accuracy of
Information
Information provided on
this Site, including information concerning the
products and their use is deemed reliable but not
guaranteed. You should verify any and all statements
herein. All listings and information are subject to
prior sales or changes without prior notice.
Top of Page 4. Copyright
Complaints
OVS may, in appropriate
circumstances and at its sole discretion, terminate
the accounts of users who infringe the copyright of
others. If you believe that your work has been used
or is accessible on the Site in a way that
constitutes copyright infringement, you may notify
OVS by providing OVS's copyright agent the following
information:
An electronic or
physical signature of the person authorized to act
on behalf of the owner of the copyright interest
that is allegedly infringed;
A description of the
copyrighted work that you claim has been infringed,
including where the copyrighted work exists or a
copy of the copyrighted work;
A description of where
on the Site the material that you claim is
infringing is located, reasonably sufficient to
permit OVS to locate the material;
Your address, telephone
number, and email address;
A statement that you
have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or
the law;
A statement from 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.
OVS agent for notice of
claims of copyright infringement on this Site can be
reached as follows:
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OVS Legal
Department
2700 St Joseph Road
McMinnville, Oregon 97128
Phone: (503) 435-2700
5. Applicable
Law
These Terms of Use shall
be treated as though they were executed and
performed in Portland, OR, and shall be governed and
construed in accordance with the laws of the United
States of America and, to the extent that state law
is applicable, by the laws of the State of Oregon
(without regard to conflict of law principles). The
language in these Terms of Use shall be interpreted
in a neutral manner and in accordance with their
fair meaning, and any rule of law or legal decision
that would require interpretation of any ambiguities
in these Terms of Use against the party that has
drafted them is not applicable and is waived. All
legal proceedings arising out of or in connection
with these Terms of Use shall be brought solely in
Portland, Oregon. You expressly submit to the
jurisdiction of the federal and state courts located
Portland, Oregon, and you consent to
extra-territorial service of process. OVS and its
affiliates make no warranties or representations
that materials on this Site are appropriate or
available for use in other locations, and accessing
them from territories where their contents are
illegal is prohibited. Those who choose to access
this Site from other locations do so on their own
initiative and are responsible for compliance with
local laws.
6. Export
The United States
controls the export of products and information. You
agree to comply with such restrictions and not to
export or re-export the Materials to countries or
persons prohibited under the export control laws. By
downloading any Materials, you represent that you
are not in a country where such export is prohibited
and that you are not on the U.S. Commerce
Department's Table of Denial Orders or the U.S.
Treasury Department's list of Specially Designated
Nationals.
7. Credit Cards
OVS takes your privacy
seriously. We do not share your credit card
information with any third party with the exception
of those parties who are involved in the
verification of the credit information. To protect
the security of your credit card information we
employ the industry standard Secure Sockets Layer
(SSL) technology. We also encrypt your credit card
number when we store your order and whenever we
transmit that information to participating
merchants. For further information, see our Privacy
Policy.
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8. Miscellaneous
i. Other OVS
Policies.
For information on OVS's Privacy Policy,
click here.
ii. Terms of Use
Control.
In the event that any term or statement elsewhere on
this Site conflicts with or is contrary to these
Terms of Use, these Terms of Use shall control.
iii. All Rights
Reserved.
All rights not expressly granted to you in these
Terms of Use are reserved to OVS.
iv. Compliance with
Local Laws.
You are responsible for compliance with the laws of
your local jurisdiction. |
