Last Updated and effective as of: August 12, 2017
This is a Legally Binding Contract
Your Use of this Website
Provider offers you access to this Website and its content, information and services solely for your use in learning about Provider’s product and service offerings, and you agree to access this Website only for those purposes.
You agree to indemnify, defend and hold harmless Provider and its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against, and to be responsible for, all losses, damages, and expenses, including legal fees Provider may suffer or incur for your actual or threatened breach of this Agreement or if any of your representations are untrue or inaccurate .
Provider reserves the right, without notice and in its sole discretion, to terminate your use of this Website, and to block or prevent future access to and use of this Website. You agree that your right to use this Website does not include, and you shall not:
- publish, publicly perform or display, or distribute to any third party any Site Materials (as defined below), including reproduction on any computer network or broadcast or publications media;
- market, sell or make commercial use of this Website or any Site Materials;
- systematically collect and use any data or content including through the use of any spiders, scrapers, robots, or similar data gathering, mining or extraction methods;
- make derivative works or uses of this Website or the Site Materials; or
- use, frame or utilize framing techniques to enclose any portion of this Website (including the images found at this Website or any text or the layout/design of any page or form contained on a page).
Third Party Links and Content
You agree that any electronic or printed information, data, images, videos, photographs, artwork or other content contained on this Website ("Site Materials"), constitute the copyrighted or copyrightable and proprietary property of Provider or third parties from whom Provider has secured permission to display such Site Materials on this Website. You acknowledge that Provider has granted to you a limited, revocable, and non-exclusive license to use these Site Materials solely for your private use to view the content as it appears on this Website and for no other purposes or uses. You will not commercialize, sell, download, copy, license, re-license, sublicense, modify, reverse engineer, swap, re-use, create derivative works of or re-purpose the Site Materials, nor will you assist others in doing so. Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to Provider in the United States and other countries and may not be used by anyone for any purpose without Provider’s prior express written consent.
This Website contains proprietary information that that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. If you believe that any content posted to, or linked from, this Website infringes upon your copyright rights, please consult the Digital Millennium Copyright Act (DMCA) Procedure section set forth below.
Your Postings and Submissions
Provider may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“Submissions”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload Submissions that are defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
Provider does not claim ownership to your Submissions; however, you grant Provider a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Provider and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND OR NATURE, EITHER EXPRESS OR IMPLIED, OR GUARANTIES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THIS WEBSITE’S CONTENT. PROVIDER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE. PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, OR SERVICE PURSUANT TO YOUR USE OF THIS WEBSITE.
Limitation on Liability and Damages
PROVIDER SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL PROVIDER BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PROVIDER’S REASONABLE CONTROL. IN NO EVENT SHALL PROVIDER’S TOTAL, COMPLETE AND AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS (U.S. $100.00).
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, PROVIDER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You understand that Provider has not entered into any form of fiduciary or special relationship with you.
Choice of Forum
Binding Arbitration and Class Action Waiver
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. NO CLAIMS MAY BE BROUGHT AS A CLASS ACTION, ON A CONSOLIDATED BASIS OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. The parties’ mutual promises contained herein, including to arbitrate certain disagreements, rather than litigate them before courts or other bodies, provide consideration for each other for this entire clause. Neither you nor Provider will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Cooperation with Law Enforcement
Digital Millennium Copyright Act (DMCA) Procedure
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Provider’s Designated Agent as follows:
Foremost Liquors & Wines
Att: DMCA Copyright Agent
2640 Blanding Blvd. #107
Middleburg, FL 32068
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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 and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Provider to locate the material;
- Information reasonably sufficient to permit Provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If Provider receives a DMCA communication or notification concerning content that you submitted, Provider will provide you notice and provide you an opportunity to provide counter-notification in accordance with the DMCA.
DMCA Complaints must meet the then current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. This is not a substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material on a Provider Site is infringing the copyrights of others. If you are uncertain whether material on a Provider Site is infringing, Provider recommends seeking advice of an attorney.