Terms of Service

OVERVIEW

This website (www.ranchogordo.com) (this “Site”) is owned and operated by Rancho Gordo, Inc. ("Rancho Gordo"). As used herein and throughout the Site, the terms “we”, “us” and “our” refer to Rancho Gordo and/or its subsidiaries or affiliates (collectively referred to as “Rancho Gordo”). The terms “you”, “your” or “customer” refer to the user or viewer.

Please read these terms and conditions of service carefully. By visiting and using the features on this Site, you accept the Terms and conditions of service set forth below, including those additional policies, terms and conditions incorporated by reference and accessible by hyperlink (collectively, the “Terms of Service”). If you do not agree to our policies and practices as set forth in these Terms of Service, please do not use or otherwise interact with www.ranchogordo.com or any information or materials contained on this Site.

SECTION 1 - GENERAL CONDITIONS

Your use of this Site is expressly subject to these Terms of Service. If you do not agree with any provision contained in these Terms of Service, do not access or otherwise use this Site or any information or materials contained on this Site. Your use of this Site shall be deemed to be your agreement to abide by each of the terms, conditions, and restrictions set forth herein. These Terms of Service may be updated by Rancho Gordo at any time and from time to time with or without notice to you. Your continued use of this Site following any such change shall indicate your acceptance of any modifications to these Terms of Service.

By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Rancho Gordo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

The content of the webpages comprising this Site is offered for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements. You agree that Rancho Gordo and its licensors may make improvements and/or changes in the Site content and products, services, or events described in this Site, if any, at any time without notice and without liability to you. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site may not be legal by certain persons or in certain countries.

If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Rancho Gordo to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Rancho Gordo in writing. The Terms of Service reflect the entire agreement between you and Rancho Gordo and supersede all prior or contemporaneous negotiations, discussions, or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and may not be transferred, assigned, or delegated to anyone without the express written permission of Rancho Gordo. Any attempt by you to assign, transfer, or delegate these Terms of Service without Rancho Gordo’s express written permission shall be null and void. These Terms of Service will inure to the benefit of Rancho Gordo, its successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make these Terms of Service easier to read and have no binding effect.

Your use of this Site and any dispute arising out of such use of the Site is subject to the laws of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in Napa County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Rancho Gordo’s trademarks, including without limitation, graphics, logos, page headers, button icons, scripts, and service names, are trademarks, or trade dress of Rancho Gordo, Inc. in the U.S. and/or other countries. Rancho Gordo’s trademarks and trade dress may not be used in connection with any product or service that is not Rancho Gordo’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rancho Gordo. All other trademarks not owned by Rancho Gordo that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rancho Gordo. All trademarks reproduced in this Site which are not the property of, or licensed to, the operator are acknowledged on the Site.

Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense. From time to time, this Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

SECTION 2 - ONLINE STORE

Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By using the Site and agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

Products and Pricing

All products and/or services offered in our online store are sold in California and title passes to the buyer in California.

We reserve the right to limit the sale of our products and/or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. Quantities, descriptions, and/or pricing of our products and services are subject to change at any time without notice, at our sole discretion. Any offer of a product or service made on this Site is void where prohibited.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we have to change or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Certain products or services may be available exclusively in our online store. Product returns or exchanges are subject to our Return Policy (available here).

Our products (colors and image) are displayed as accurately as possible. We do not guarantee that your computer monitor's display of any color is accurate.

Credit Card Charges

Orders are by credit card only. We accept Visa, MasterCard, and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement. The billing address will be the address where your order will be shipped. If you wish to ship to an address different than your billing address, please provide this information at the time of your order.

You are responsible for providing current, complete and accurate contact and payment information for all purchases made at our store. Inaccurate, incomplete, or expired information may result in a delay in the receipt of your order and may inhibit our ability to contact you as needed.

Your submission of personal information through the store is governed by our Privacy Policy (available here). Credit card information is always encrypted during transfer over networks.

Sales Tax

All products and/or services purchased through our online store are sold in the state of California and title passes to the buyer in California. All purchases shipped to California addresses will be subject to a 7.75% sales tax.

Errors and Omissions

Occasionally, our listed prices, package sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, Rancho Gordo shall be held harmless for any such errors. Wherever possible, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order.

Sales and Shipping

Orders placed in the online store normally take 1-2 business days to process. All orders are processed and shipped from 1924 Yajome St, Napa California US 94559.

We offer flat rate shipping for our retail website customers, which includes packaging materials. Orders will be shipped by FedEx or United States Postal Service. Insurance may be available for an additional charge. Please note that when your order is picked up by the common carrier for delivery, the product becomes your responsibility. Rancho Gordo is not responsible for, and will not replace products that are damaged by extreme weather conditions during shipment. More information about our shipping policy is available here

You are responsible for providing current, complete, and accurate shipping information for all purchases made at our store. Inaccurate or incomplete address information may result in a delay in the receipt of your order.

Please contact us at customerservice@ranchogordo.com with any questions or concerns you may have regarding our shipping policies.

SECTION 3 – SITE ACCESS AND PERMITTED USE

Limited License

Rancho Gordo grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Rancho Gordo. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rancho Gordo. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rancho Gordo without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Rancho Gordo’s name or trademarks without the express written consent of Rancho Gordo. Any unauthorized use terminates the permission or license granted by Rancho Gordo.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Rancho Gordo so long as the link does not portray Rancho Gordo, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Rancho Gordo logo or other proprietary graphic or trademark as part of the link without express written permission.

User Reviews, Comments, and Other Submissions

In the event you submit reviews, suggestions, proposals, plans, or other creative ideas or materials, whether online, by email, or otherwise (collectively, 'comments'), you agree that we may edit, remove, copy, publish, disseminate, and/or otherwise use such comments without restriction and in any medium. Rancho Gordo is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene, or contain any computer virus or other malware that could in any way affect the operation of this Site or any related website, other website, or the Internet. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the source of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Comments are subject to removal, in our sole discretion, if we determine their content to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or in violation of another person’s intellectual property rights or these Terms of Service.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Service, you are expressly prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or any related website, other website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.

We reserve the right to revoke any party’s limited license to use this Site set forth above and deny your access and/or use of the Site or any related website for engaging in any of these prohibited uses or for any other failure to comply with any term, condition, or restriction contained of these Terms of Service. Any obligations assumed or liabilities incurred prior to such revocation will survive revocation of such license.

SECTION 6 – INDEMNIFICATION, DISCLAIMER, AND LIMITATION OF LIABILITY

Indemnification

You agree to indemnify, defend and hold harmless Rancho Gordo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Disclaimer of Warranties

ALTHOUGH RANCHO GORDO ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE RANCHO GORDO SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE RANCHO GORDO SITE. RANCHO GORDO DOES NOT WARRANT THAT YOUR USE OF THE RANCHO GORDO SITE, OR THE OPERATION OR FUNCTION OF THE RANCHO GORDO SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE RANCHO GORDO SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. RANCHO GORDO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE RANCHO GORDO SITE. THE RANCHO GORDO SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL RANCHO GORDO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RANCHO GORDO SITE, THE USE OR PERFORMANCE OF THE RANCHO GORDO SITE, THE DELAY OR INABILITY TO USE THE RANCHO GORDO SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES ON OR THROUGH THE RANCHO GORDO SITE, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE RANCHO GORDO SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE RANCHO GORDO SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF RANCHO GORDO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RANCHO GORDO SITE OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RANCHO GORDO SITE.

By using this Site, you agree to be bound by these Terms of Service. If you have any questions about these Terms of Service, please contact us at customerservice@ranchogordo.com.