December 22, 2008

Terms of Use

The Traditional Aceto Balsamico of Monticello™ Website Terms of Use

These Terms and Conditions govern your use of the Traditional Aceto Balsamico of Monticello (hereinafter referred to as “TABOM”) website with the multiple URLs of www.organicbalsamic.com, www.newmexicobalsamic.com and www.americanbalsamic.com and your relationship with either the TABOM brand and its maker and distributor, The Darland Company, LLC (hereinafter referred to as “TDC”). Please read the Terms and Conditions carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms and Conditions, please do not register for or otherwise use this website. By using the TABOB website, you agree to be bound by these Terms and Conditions.

Nothing in these Terms and Conditions affects your statutory rights.

Users of this website agree not to use the site for sale, trade, or other commercial purposes. Users may not use language that is threatening, abusive, vulgar, discourteous, or criminal. Users may not transmit information or materials that would violate the rights of any third party or which contains virus or other harmful components. TDC has the right to remove or edit any message or material submitted by users. By communicating with TDC via this website, however, users grant TDC permission to use any information, suggestions, ideas, drawings or other concepts for any purpose TDC chooses, commercial, public or otherwise, without compensation whatsoever.

Copyright

All website design, text, graphics, button icons, images, the selection and arrangement thereof, is the Copyright © 2008 of The Darland Company, LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of TDC and is protected by U.S. and international copyright laws. All software used on this website is the property of TDC or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with TDC or using this website as a shopping resource or for mass or other media journalism about TABOM. Any other use of materials on this website -including reproduction for purposes other than those permitted above, such as modification, distribution, republishing, transmission, display, competitive activity or performance – without the prior written permission of TDC is strictly prohibited, unless written approval is clearly gained in advance from an identified representative of TDC.

Trademark

The Traditional Aceto Balsamico of Monticello brand, www.organicbalsamic.com, www.newmexicobalsamic.com and www.americanbalsamic.com are the property of The Darland Company, LLC and may not be used in connection with any product or service that is not offered by TDC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TDC or its TABOM brand. All other trademarks, product names, book names and company names or logos cited herein are the property of their respective owners.

The ™ Monticello Sun is a trademark of The Darland Company, LLC and cannot be reproduced in any manner without advance written approval.

All material and information presented by TDC is intended to be used for informational purposes only. Your use of this website is subject to these Terms and Conditions. The statements made about our product have not been read or evaluated per se by the U.S. Food and Drug Administration or the U.S. Department of Agriculture or the New Mexico Department of Agriculture/ Organic Program. This website is not intended to serve as a substitute for any other food preparation ideas, cooking or serving advice or to replace personal food use experience.

This website is solely an online store for TABOM brand balsamic vinegar.

Disclaimer

TDC cannot be responsible for any TABOM product shipment problems, including lost shipments, or other such consequences resulting from provision of an incorrect shipment address to TDC by any customer purchasing from this website or via any other purchase means.

TDC IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TDC DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES. IN ADDITION, TDC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL BE FREE OF ERRORS OR VIRUSES.

Under no circumstances, including but not limited to negligence, will TDC be liable for special or consequential damages that result from the use of this site or the TABOM product offered on it. In no event shall TDC’s liability to a user for any loss, damage or claim exceed the amount paid by the buyer and/or the user for accessing this site.

For the convenience of its website users and its customers, TDC offers links to, and listings of, various third-party websites, and, unless otherwise expresses indicated, no affiliation between TDC and an entity linked or listed is intended. TDC does not monitor sites linked to and the use of any such link is strictly at the user’s own risk. In no event shall TDC be liable for special or consequential damages that result from activity occurring on non-TDC websites when a user links to such sites from www.organicbalsamic.com, www.newmexicobalsamic.com or www.americanbalsamic.com.

TDC will not be liable for any damages of any kind arising from the use or inability to use this website.

Price and availability information, including any information in connection with the use of the website’s ‘Waiting List’, are subject to change without notice. Notification to customers by TABOM or TDC of a reservation or presence on the TABOM ‘Waiting List’ does not guarantee that the product will be available for actual purchase and/or delivery within any specific time period, despite best ‘good faith’ efforts of TDC to accomplish this. The annual maximum TABOM product bottles available each year, estimated to be 1000 bottles, is not a guarantee of that overall number, or any number, being made available. The TABOM product is the end result of an agricultural process subject to weather vagaries and other ‘Acts of God’ that are not within the control of TDC to make, sell, and deliver product as intended and as described in this website; therefore, TDC will not be liable for any lack of product or guarantee of availability to customers due to these possible negative events or outcomes.

TDC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

Applicable Law

This site was created and is controlled by TDC, operating in the State of New Mexico, U.S.A. As such, the laws of the State of New Mexico will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Furthermore, in consideration for use of this website, you agree that any action at law or in equity arising out of or related to these terms shall be filed only in the state or federal courts located in Santa Fe, New Mexico, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

TDC reserves the right to make changes to its website and these disclaimers, terms and conditions at any time and for any reason.

Our Mailing Address

The Darland Company, LLC
423 Calle del Norte
Monticello, New Mexico 87939
United States of America

Product Information

The product(s) displayed on this website can be ordered and delivered only within the United States. All prices displayed on this website are quoted in U.S. dollars and are valid and effective in the U.S. Any and all product purchased from this website should be used in accordance with the manufacturer’s instructions, precautions, suggestions, and guidelines.

Reference to any person, product, editorial comment, services, processes or other information by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TDC.