Trio Carmel Terms and Conditions

I. Agreement between user and the Site

Welcome to the Site. The www.triocarmel.com website (the “Site”) is comprised of various web pages operated by Trio Carmel (“Trio”), a California limited liability company. This is an agreement between Trio and you (“user”, “you”). Your use of the Site constitutes your agreement to all such Terms without modifications of the terms, conditions and notices contained herein (the “Terms”). Your continued use of the website constitutes acknowledgement by you of these terms.

II. Trio’s products

Trio runs an ecommerce site and you can purchase goods such as olive oils, vinegars, wine, and gift items online.

III. Restricted Users

Trio does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. The website is not for use for anyone under the age of 18. By purchasing wine, the user is warrantying that they are of legal age for permittance of purchasing and consuming alcohol. Please do not use the website if you would like shipping outside of the United States. Please refer to section XIII.

IV. Privacy

Your use of the Site is subject to Trio’s Privacy Policy. By using this website, you agree to our Privacy Policy, which also governs the Site and informs users of our data collection practices.

V. Electronic Communications

By visiting the site, you’ve consented to receive any notice via electronic mail from Trio. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

VI. Your account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Trio is not responsible for third party access to your account that results from theft or misappropriation of your account. If you suspect that your Trio account has been compromised, you must immediately contact us at <a href=”mailto:team@triocarmel.com”>team@triocarmel.com</a>.

Trio and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

VII. Cancellation/Refund Policy

You may return a product purchased at the site by first emailing<a href=”mailto:team@triocarmel.com”>team@triocarmel.com</a>. Upon receipt at Trio, we will immediately issue a full refund minus a restocking fee. You may return a

product purchased at the Site by shipping, at your cost, the product back to Trio within 10 calendar days of receipt of product. The product must be fully sealed and unopened.

VIII. Links to third party sites/Third party services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Trio and Trio is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Trio is providing these links to you only as a courtesy, and the inclusion of any link does not imply endorsement by Trio of the site or any association with its operators. Although Trio is not responsible for any linked site, if you feel the content of that website is harmful or offensive, contact<a href=”mailto:team@triocarmel.com”>team@triocarmel.com</a>.

IX. Consent for disclosure to Third Parties

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the the Site domain, you hereby acknowledge and consent that Trio may share such information and data with any third party with whom Trio has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.

X. No unlawful or prohibited use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Trio that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Use of the Site is prohibited in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

XI. Intellectual Property

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Trio or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Trio content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Trio and the copyright owner. You agree that you do not acquire any ownership rights in any protected

content. We do not grant you any licenses, express or implied, to the intellectual property of Trio or our licensors except as expressly authorized by these Terms.

XII. International Users

The Service is controlled, operated and administered by Trio from our offices primarily located in Carmel, California. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Trio Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

XIII. Shipping

We ship only within the United States. We do not offer international shipping. Trio is not responsible for replacing product lost in the mail.

XIV. Indemnification

You agree to indemnify, defend and hold harmless Trio, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Trio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Trio in asserting any available defenses.

XV. Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITE AND TRIO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TRIO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRIO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES

WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRIO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

XVI. Termination/Right to Terminate

Trio reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without prior notice.

XVII. Choice of Law

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site.

XVIII. No relationships

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Trio as a result of this agreement or use of the Site.

XIX. Authorized Disclosure

Trio’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Trio’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Trio with respect to such use.

XX. Severability

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

XXI. Waiver

Any failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

XXII. Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Trio with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Trio with respect to the Site.

XXIII. Admissibility

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form.

XXIV. Choice of Language

It is the express wish to the parties that this agreement and all related documents be written in English.

XXV. Changes to Terms

Trio reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. It is your duty to continuously review the Terms to stay informed of our updates. Trio can make changes without prior notice to you. We will change the effective date below upon making changes.

XXVI. Contact Us

Trio welcomes your questions or comments regarding the Terms:

Email Address:
team@triocarmel.com

Telephone number:
831-250-7714

Effective as of June 25, 2012