Our Privacy Policy, Conditions of Use, Terms of Service

WELCOME, you've found our "Privacy Policy, Conditions of Use & Terms of Service" page. This is pretty dry material, but please read it — it describes your rights and responsibilities when using the dalluva.com website. If you have any questions, you can contact us.
  — Michael

OUR WEBSITE PRIVACY POLICY

This privacy policy sets out how Dall’Uva LLC (“Dall’Uva”) uses and protects any information that you provide to us when you use our website.  In this policy, we use the phrase "personal information" to mean information pertaining to an identified or identifiable living individual.

Dall’Uva is committed to protect your privacy. Should we ask you to provide personal information when using this website, you can be assured that it will only be used in accordance with this privacy policy.  By using the Dall’Uva website, you consent to our using your personal information in the ways described below.

Dall'Uva may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

This policy is effective from January 1, 2008.

Information we collect.

The following are examples of the types of information we may collect:

  • your name and title;
  • your contact information including address and email address;
  • your credit card information;
  • demographic information about you, such as your age range, approximate annual income, or marital status;
  • details of your preferences and interests.

You are not required to provide any of the above information in order to use the website, although you may not be able to take advantage of all of our website's features if you choose not to provide the information requested.

You cannot purchase products on the Dall’Uva website without providing at least the information listed in the first three bullet points above.

What we do with the information we gather.

We collect this information to understand your needs and provide you with better service, and in particular for the following purposes:

  • processing transactions;
  • providing you with information and updates relating to Dall’Uva’s business by email, phone, fax, or mail;
  • internal record keeping;
  • customizing our website according to your unique interests; and
  • improving our products and services.

We may share your personal information with our service providers, such as our order fulfillment partners, and others who support the Dall’Uva website.

These companies may be based in countries outside the United States, whose laws do not provide the same level of protection for personal data as those of the US.  By submitting information to this site, you consent to us transferring the information to such jurisdictions for the purposes outlined in this Privacy Policy.

We may periodically use your contact details to send promotional informationabout new products in our online store, special offers or other information which we think you may find interesting using the email address which you have provided.  Please see below for further information on our use of email for direct marketing purposes.  From time to time, we may also use your information to contact you for market research purposes.

If you have previously provided your contact information and prefer that we not contact you for updates on Dall’Uva, you can change your mind at any time and notify us by email using our online form here.

We will not sell your personal information except in connection with the sale, assignment or other transfer of our business. Third parties will not have access to your personal information other than as set out in this privacy policy.

Security.

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure,we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use browser cookies.

We may use browser cookies to store certain information about you and your usage of the Dall’Uva website.  Other payment processing website that we use may also store browser cookies in support of executing the payment transaction.

Links to our website & the websites of others.

Our website contains links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over other websites. Therefore, we cannot be responsible for the content of third party websites or the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this privacy policy. You should exercise caution and look at the privacy policy applicable to the website in question.

We love the attention, but you are not permitted to Frame or Link to the dalluva.com site unless you receive permission from Dall'Uva LLC in writing.

Parental Control Protections.

As required by the Communications Decency Act of 1996, Dall'Uva hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Dall'Uva does not sponsor or endorse any of these companies or their services.

Your rights.

If you have questions about the ways in which we are using your personal information you can contact us at Dall'Uva LLC, PO Box 2089, Los Gatos CA 95031-2089 USA, or send an email to us using our online contact form.

You may request details of personal information which we hold about you by writing to the above address, although we may charge a small fee for finding the information and sending it to you.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

Online Privacy Policy Only.

This online privacy policy applies only to information collected through our website and not to information collected offline.

Conditions of Use.

Please also visit below our Conditions of Use & Terms of Service section establishing the use, disclaimers, and limitations of liability governing the use of our website.

Contacting Us.

If there are any questions regarding this privacy policy you may contact us using the information below.

www.dalluva.com
Dall’Uva LLC
PO Box 2089
Los Gatos, CA 95031-2089 USA


OUR CONDITIONS OF USE & TERMS OF SERVICE

Dall'Uva LLC provides its website and services to you subject to the following conditions. If you visit this website, you accept these conditions. Please read them carefully.

The following terms and conditions govern all use of the www.dalluva.com website and all content, services and products available at or through the website, including, but not limited to, associated blogs, forums, and related websites taken together, the “Website.”  The Website is owned and operated by Dall’Uva LLC (“Dall’Uva”).  The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Dall'Uva’s Privacy Policy listed above) and procedures that may be published from time to time on this Site by Dall’Uva (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Dall’Uva, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 21 years old.

Responsibility of Contributors.

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, documents or spreadsheets, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Dall'Uva or otherwise.

Without limiting any of those representations or warranties, Dall'Uva has the right (though not the obligation) to, in Dall'Uva’s sole discretion (i) refuse or remove any content that, in Dall'Uva’s reasonable opinion, violates any Dall'Uva policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Dall'Uva’s sole discretion.

Responsibility of Website Visitors.

Dall'Uva has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Dall'Uva does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Dall'Uva disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which dalluva.com links, and that link to dalluva.com.  Dall'Uva does not have any control over those non-dalluva.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-dalluva.com website or webpage, Dall'Uva does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Dall'Uva disclaims any responsibility for any harm resulting from your use of non-dalluva.com websites and webpages.

Copyright Infringement and DMCA Policy.

As Dall’Uva asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by dalluva.com violates your copyright, you are encouraged to notify Dall'Uva in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. Dall'Uva will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Dall'Uva or others, Dall'Uva may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Dall'Uva will have no obligation to provide a refund of any amounts previously paid to Dall'Uva.

Intellectual Property.

This Agreement does not transfer from Dall'Uva to you any Dall'Uva or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Dall'Uva.  Dall'Uva, dalluva.com, the “Dall’Uva Seal” logo, and all other trademarks, service marks, graphics and logos used in connection with dalluva.com, or the Website are trademarks or registered trademarks of Dall'Uva, Michael Horne, or Dall'Uva’s licensors.  Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.  Your use of the Website grants you no right or license to reproduce or otherwise use any Dall'Uva or third-party trademarks. You hereby grant Dall'Uva an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or Dall'Uva products and services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Dall'Uva or the promotion thereof.

Changes.

Dall'Uva reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Dall'Uva may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Dall'Uva may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website is provided “as is”. Dall'Uva and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Dall'Uva nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will Dall’Uva, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Dall'Uva under this agreement during the twelve (12) month period prior to the cause of action.  Dall’Uva shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Dall'Uva Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Dall'Uva, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between Dall'Uva and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Dall'Uva, or by the posting by Dall'Uva of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Gatos, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions;  Dall'Uva may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Contacting Us.

If there are any questions regarding these Terms of Use you may contact us using the information below.

www.dalluva.com
Dall’Uva LLC
PO Box 2089
Los Gatos, CA 95031-2089
USA