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Foremost in Service, Selection & Pricing

TERMS OF USE

 

Last Updated and effective as of: August 12, 2017

 

This is a Legally Binding Contract

 

These Terms of Use govern your use of this website (“Website”) and constitute a legally binding agreement between you and Foremost Liquors & Wines, the owner or operator of this Website (“Provider”).  You must read and agree to these Terms of Use before accessing or using this Website and its services.   By registering with this Website or using this Website or the service provided herein, you are indicating your acceptance of these Terms of Use and your intent to be legally bound hereby. If you do not agree, you may not use this Website or its services.  These Terms of Use describe the limited basis on which this Website and its services are available to you and supersede prior agreements or arrangements.  You may not use this Website or the service unless you are at least 21 years of age or older.

THESE TERMS OF USE CONTAIN LIMITATIONS ON PROVIDER’S LIABILITY AND DAMAGES RECOVERABLE BY YOU, WAIVERS OF WARRANTIES AND OF INDIVIDUAL CLASS ACTION AND JURY TRIALS, AND ANY DISPUTE BETWEEN YOU AND PROVIDER MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION THAT TAKES PLACE EXCLUSIVELY IN JACKSONVILLE, DUVAL COUNTY, FLORIDA.  PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS OF USE AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

NOTHING IN THESE TERMS OF USE IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.  IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS OF USE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.

These Terms of Use May be Amended in the Future

Provider controls and operates this Website.  Provider may modify these Terms of Use at any time, which will be effective upon Provider providing notice to you or Provider posting the amended or revised Terms of Use on this Website.  The date of the last revision of these Terms of Use is set forth above at the top of this page and should be checked by you periodically.  Your continued use of this Website after changes have been posted to these Terms of Use will constitute your acceptance of all such changes. 

 

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 must be at least 21 years of age to access and use this Website.  The sale of alcohol and other products and services are not made via this Website and must be arranged directly with the Provider or its representatives.  Provider does not sell alcohol to persons under the age of twenty-one or anyone outside the United States (or even in the United States if prohibited by law).   Provider undertakes reasonable efforts to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of twenty-one.  Your violation of these Terms of Use will be reported to the appropriate authorities who may prosecute you fully to the extent allowable by law.   

 

 

You represent and warrant that: (1) you are twenty-one years of age and over the legal age required to buy alcoholic beverages and products, and are legally competent to enter into this Agreement; (2) you are using this Website solely to learn about Provider’s products and services and inquire about their purchase; (3) you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use or in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party's use and enjoyment of this Website. 

 

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:

 

  1. 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;

 

  1. market, sell or make commercial use of this Website or any Site Materials;

 

  1. 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;

 

  1. make derivative works or uses of this Website or the Site Materials; or

 

  1. 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

 

This Website may include links to websites or web pages owned or operated by, or on behalf of, parties other than Provider.  If you are able to link to such other websites or web pages, you understand and agree that any products, services, or information available at such other websites or web pages, and the terms and conditions under which such products, services, and information are being offered, are being provided or determined solely by the entities that own or operate such sites or pages, and not by Provider.  Provider is not responsible or liable for the content of any linked website nor the accuracy of any information provided therein.  Provider does not make any representation or warranty with respect to such third party websites and is not responsible for their accuracy, sufficiency, veracity, completeness or timeliness.  You acknowledge that if you access a third party website from this Website, you do so at your own risk.  You understand that a hyperlink to a third party website does not imply that Provider endorses the content on, or the business of, the hyperlinked website.  You understand that you are solely responsible for determining the integrity and reliability of the information on this Website as well as any information found on a third party website linked to this Website.  You agree that Provider shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.  You are responsible for reviewing the applicable terms of use agreements and privacy policies of the third party websites.

 

Website 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.

 

You represent and warrant that your Submissions conform to these Terms of Use and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize Provider to use and exploit, your Submissions in all manners contemplated by these Terms of Use, and your Submissions do not and will not infringe the copyright, trade secret, trademark or other intellectual property rights or rights of privacy of you or any third party.   You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the Submissions against Provider or its licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

 

Provider has the right but not the obligation to monitor, screen, post, remove, modify, edit, store and review Submissions or communications sent through the Website, at any time and for any reason, including to ensure that the Submissions or communication conforms to these Terms of Use, without prior notice to you.  Provider is not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

 

NO WARRANTIES

 

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.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
 

No Relationship

 

You understand that Provider has not entered into any form of fiduciary or special relationship with you.
 

Governing Law

 

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  The parties agree that these Terms of Use shall not be governed by the Uniform Computer Information Transactions Act (UCITA) should UCITA or any similar legislation be in force or later enacted in any jurisdiction governing these Terms of Use.   

 

Choice of Forum

 

You agree that the exclusive venue for any dispute arising out of or relating to these Terms of Use, this Website, or the Site Materials that are not subject to arbitration shall be filed, and venue properly lies, only in a state or federal court located in Jacksonville, Duval County, Florida, and that you irrevocably consent to the personal jurisdiction and venue therein. 

 

Binding Arbitration and Class Action Waiver

 

You and Provider stipulate that these Terms of Use involve and impact interstate commerce.  Provider and you knowingly, voluntarily and irrevocably agree that any dispute, controversy or claim arising out of or relating to these Terms of Use, this Website, or the Site Materials, excepts disputes relating to the enforcement of Provider’s intellectual property rights, shall be resolved EXCLUSIVELY BY BINDING ARBITRATION in Duval County, Jacksonville, Florida, under the rules of the American Arbitration Association, which arbitration shall be governed by and enforceable under the Federal Arbitration Act (9 U.S.C. §§ 1-16) and judgment on the award may be entered by any court having jurisdiction thereof.  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.    You and Provider empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of Use or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms of Use are void or voidable.  All arbitration proceedings shall be maintained in strict confidence.   

 

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

 

Provider reserves the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing Provider to disclose any content, data, information, the identity of anyone posting content or using this Website or publishing or otherwise making available any materials that are believed to violate these Terms of Use.  BY ACCEPTING THESE TERMS OF USE, YOU WAIVE, RELEASE AND HOLD PROVIDER AND PROVIDER’S AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PROVIDER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PROVIDER OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.


Waiver

The waiver of a breach of these Terms of Use or the failure of a party to exercise any right under these Terms of Use shall only be effective if in writing.  In no event shall any waiver constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right under these Terms of Use. 

 

Entire Agreement

 

These Terms of Use constitute the entire, complete and only agreement between the parties regarding the subject matter contained herein and supersedes all proposals or prior agreements, whether oral or written, and all other communications between the parties relating to this subject matter.   Any modification of any term or condition of these Terms of Use shall be effective only if in writing and signed by authorized representatives of all parties.  No other act, usage or custom shall be deemed to modify these Terms of Use. 

 

Severability

 

Whenever possible, each provision of these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law.  However, if any provision of these Terms of Use or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible.  Otherwise, such provision shall be severed and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of these Terms of Use or the application of the provision to the other parties or other circumstances. 
 

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

info@foremostliquors.com

 

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

  1. 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;

 

  1. 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;

 

  1. 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;

 

  1. 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

 

  1. 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. 

 

We pride ourselves in offering a wide selection of fine wines, spirits and beer from around the world. Our services include keg rentals and deliveries, special orders, for hard-to-find brands, beverages catering for wedding, holiday parties and corporate events.

Locations:

Foremost Liquors & Wines (Middleburg)
2640 Blanding Blvd #207
Middleburg , FL 32268
Hours:
Mon-Thur: 10am-10pm
Fri, Sat: 10am-11pm
Sun: 11am-9pm
Phone: (904) 291-9400

Foremost Liquors & Wines (Orange Park)
644 Park Avenue
Orange Park, FL 32073
Hours:
Monday- Thursday 10am-9pm
Friday - Saturday 10am - 10pm
Sunday 11am-8pm
Phone: 904-644-7212

CONTACT US
Our Location Foremost Liquors & Wines
2640 Blanding Blvd.
Middleburg, FL 32068
Our Phone 9042919400
Email Us info@foremostliquors.com
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