Kobayashi Winery

Great Taste from a Small Forest
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Products and Services Provided by Kobayashi Winery, LLC
"Kobayashi Winery®" is a registered service mark of Unwired2000, Inc, licensed for use by Kobayashi Winery LLC and its subsidiaries. Kobayashi Winery LLC is a holding company and is not an winery or an operating company. Therefore, products and services are provided exclusively by partners and not by Kobayashi Winery LLC . "Kobayashi Winery " may refer to Kobayashi Winery LLC itself or one or more of its partners, but when used in connection with the provision of a product or service, always refers to a partner.


Product Descriptions – Not Available in all States
The product descriptions, if any, provided on KobayashiWinery.com are not intended to constitute offers to sell or solicitations in connection with any products or services. Some products may not be available in all jurisdictions. Anyone interested in a particular product should contact the indicated Kobayashi Winery LLC  business to determine whether the product is available in their jurisdiction and to request a copy of the applicable description of the product.  Kobayashi Winery products depicted in this Site are representative of the Kobayashi Winery. Not all Kobayashi Winery wines and products are shown in this Site. Not all products that are shown in this Site are, or will be, available. The products shown in this Site may be changed without notice.


Links to Other Sites
While visiting KobayashiWinery.com , you may leave the Kobayashi Winery Web site and access certain non-Kobayashi Winery Web sites. Kobayashi Winery neither reviews nor controls the content and accuracy of these Web sites, and therefore will not be responsible for their content and accuracy. Your access to non-Kobayashi Winery Web sites is at your sole risk.

Other Web sites on the Internet may contain unedited, sexually explicit, violent, racist or other types of material, which may be offensive to you. Please access other Web sites at your own discretion.


General Disclaimer
All material including any link to other sites and content found at linked sites is provided "as is" and without any express or implied warranties including warranties of merchantability or fitness for a particular purpose. Due to the nature of the Internet, Kobayashi Winery does not warrant that access to KobayashiWinery.com or any of its pages will be uninterrupted or error free. Kobayashi Winery does not warrant or make any representations regarding the usefulness of or the expected results of the material contained on KobayashiWinery.com. Note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you. Please check your local laws for any such restrictions.

Viruses, Worms, Use of Files
Kobayashi Winery cannot and does not guarantee or warrant that files available for downloading from this site are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. Kobayashi Winery  does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, noninfringement or fitness for a particular purpose) with respect to the files available for downloading from this site. In no event will Kobayashi Winery  be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from this site. These files may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason except for personal use is expressly prohibited, unless prior written consent is obtained from the appropriate Kobayashi Winery copyright holder.


Wine Buying Information
The wine information on this Web site is provided by Kobayashi Winery solely for informational purposes as a public service to promote consumer education. It does not constitute collecting advice and is not intended to be a substitute for proper collection consul, by a professional. Kobayashi Winery  assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on this site. Always consult a professional with regards to wine collecting, as well as consulting with your doctor for appropriate information on the consumation of wine and wine-by products.


Forward-Looking Statements
KobayashiWinery.com  may from time to time contain forward-looking statements that include information about financial prospects, plans and objectives of management for future operations, economic conditions, trends and known uncertainties. Kobayashi Winery cautions the reader that actual results could differ materially from those that Kobayashi Winery expects, depending on the outcome of certain factors. In some cases, Kobayashi Winery describes uncertainties when offering forward-looking statements. Some factors that could cause Kobayashi Winery's actual results to differ materially from forward-looking statements ("Risk Factors") are listed in the most recent Form 10-K or Form 10-Q(PDF) Kobayashi Winery filed with the Securities and Exchange Commission.

Kobayashi Winery  does not undertake any obligation to correct or update any forward-looking statements on the Kobayashi Winery  Web site. Kobayashi Winery  also cautions the reader that the list of Risk Factors that appears in the most recent Form 10-K or Form 10-Q Kobayashi Winery  filed with the SEC may be modified by any subsequent SEC filings, such as Form 8-K, proxy statements, and other SEC filings. Kobayashi Winery  will not update the Risk Factors listed in any of Kobayashi Winery's SEC filings prior to the next required SEC filing. The list of Risk Factors provided in any of Kobayashi Winery's SEC filing may not be complete, and speaks only as of the date filed with the SEC.


Trademarks
There are references throughout KobayashiWinery.com to various trademarks or service marks and these, whether registered or not, are the property of their respective owners.


Message Boards and Chat Rooms
It is a condition of your use of Message Boards or Chat Rooms that you do not: (i) post or transmit any unlawful, threatening, abusive, libelous, defamatory, racial, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (ii) post or transmit comments containing harassing or offensive language, using sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activity online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, worms or Trojan horses; (iii) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works without first obtaining permission from the owner; (iv) post or transmit any information, software or other material which contains a virus, worm, Trojan horse or other code that has contaminating or destructive properties; (v) post any information, software, or other material for commercial purposes; (vi) solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes; (vii) impersonate any person or entity or falsely represent your professional or other affiliation with any person or entity; or (viii) use KobayashiWinery.com to collect personally identifiable information in violation of our Privacy Policy. You agree Kobayashi Winery , at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.

You agree to indemnify and hold Kobayashi Winery  and its employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys' fees, made by a third party arising from any material you contribute to Message Boards or Chat Rooms you access via KobayashiWinery.com.

You understand that Kobayashi Winery has no obligation to monitor Message Boards or Chat Rooms. Kobayashi Winery reserves the right at all times to disclose any information regarding the Message Boards or Chat Rooms, or to remove any information or materials, in whole or in part, that in Kobayashi Winery's sole and absolute discretion are objectionable. You acknowledge that Kobayashi Winery reserves the right to monitor any and all information transmitted or received through KobayashiWinery.com which may be examined, recorded, copied, and used in accordance with our Kobayashi Winery Privacy Information. Use of KobayashiWinery.com constitutes consent to such activity by Kobayashi Winery.

When using KobayashiWinery.com, please be certain that anything you disclose does not compromise your personal safety. Do not provide your name, phone number, social security number or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.

Limitation of Liability
You agree by accessing KobayashiWinery.com that under no circumstances or any theories of liability under international or civil, common or statutory law including but not limited to strict liability, negligence or other tort theories or contract, patent or copyright laws, will Kobayashi Winery  be liable for damages of any kind occurring from the use of this web site or any information, goods or services obtained on this web site including direct, indirect, consequential, incidental, or punitive damages (even if Kobayashi Winery has been advised of the possibility of such damages), to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages so some of these limitations may not apply to you.


Minors and the Children's Online Privacy Protection Act
Except as expressly stated upon initial access to a specific Kobayashi Winery web site or section of such site, KobayashiWinery.com does not direct content to Minors and does not intend to collect personal information from Minors and therefore is not subject to the Children’s Online Privacy Protection Act.

If you allow your minor child, or a child for whom you are legal guardian (a "Minor"), to access and use KobayashiWinery.com , you agree that you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of KobayashiWinery.com; and (iii) the consequences of any use.


The Digital Millennium Copyright Act
Kobayashi Winery reserves the right, but not the obligation, to terminate your access to Kobayashi Winery if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Kobayashi Winery and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. Kobayashi Winery has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:

Keith E. Jackson
Chief Information Officer
Kobayashi Winery, LLC
keith.jackson@kobayashiwinery.com
757-644-4464

Any notice regarding any infringement of copyright or of other proprietary rights must include the following information:

A signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
If you choose to access KobayashiWinery.com from outside the United States you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from KobayashiWinery.com to a foreign national or foreign country in violation of those laws.


Changes and Applicable Law
We reserve the right to make changes to KobayashiWinery.com and our Legal Disclaimer/Conditions of Use. We encourage you to review the Web site and these terms periodically for any updates or changes. Your continued access or use of KobayashiWinery.com shall be deemed your acceptance of these Legal Disclaimers/Conditions of Use and any changes and the reasonableness of these standards for notice of changes. Use of KobayashiWinery.com and purchases of products from KobayashiWinery.com will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and KobayashiWinery.com will be brought exclusively in a federal or state court of competent jurisdiction sitting in Hampton, Virginia. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.



Disclaimer
Material in this Site may contain inaccuracies or typographical errors. Kobayashi Winery shall not be liable or responsible for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.


No Warranties
THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KOBAYASHI WINERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. KELLER ESTATE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT KOBAYASHI WINERY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.

Limitation of Liability
IN NO EVENT SHALL KOBAYASHI WINERY BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF KOBAYASHI WINERY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR UNDER ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS AND MATERIALS ON THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity
You agree to defend, indemnify and hold harmless Kobayashi Winery, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.

Miscellaneous
These Terms and your use of this Site shall be governed under the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Any dispute arising under these Terms or out of your use of this Site shall be resolved exclusively by the state and federal courts of the Commonwealth of Virginia. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts.