Southern Wine & Spirits of America, Inc. Web Site Disclaimer
Welcome to the Southern Wine & Spirits of America, Inc (SWS) official Web site. SWS provides its services to registered users ("User") subject to the following conditions, which you agree to accept and abide and be bound by if you visit and/or shop at this Web site. Please read these conditions carefully. SWS promotes responsible drinking of alcoholic beverages. Do not drink and drive. Do not drink if you are under 21 years of age.
SWS provides its services to you ("User") subject to the following conditions which you agree to accept and abide and be bound by if you visit and / or shop this web-site. Please read them carefully.
A. PROPRIETARY RIGHTS IN CONTENT
All content used and/or included on this Web site, such as text, graphics, logos, button icons, images, video, animation, audio clips, digital downloads, data compilations, and software, and the compilation of all such content, is protected by United States and international copyright laws, and is the exclusive property of SWS, its content suppliers and/or software suppliers. User acknowledges that this Web site contains or may contain information, data, software, photographs, graphics, artwork, video, animation, typefaces, sounds, and/or other material (collectively, "Content") that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies now existing and/or hereafter developed. SWS owns copyright rights in the selection, coordination, arrangement, and enhancement of such Content which is copyrighted as a collective work under the U.S. copyright laws. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, User may make limited copies of select portions of the Content, provided that the copies are made only for Users personal use and that User maintains and includes in such copies any notices contained in the Content, such as copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, User may not download, upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of SWS or the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by any software license agreement relating thereto and/or accompanying such software.
B. THIRD PARTY CONTENT; CLAIM OF COPYRIGHT INFRINGEMENT
To the extent the SWS Web site includes Content supplied by one or more third parties, SWS has no editorial control over such Content; any opinions, advice, statements, services, offers, or other information that constitutes part of such content expressed or made available by third parties, are those of the respective authors or distributors and not of SWS or its subsidiaries and/or affiliates or any of their officers, directors, employees, or agents. SWS neither endorses nor is responsible for the accuracy or reliability of such third party Content. Neither SWS nor its subsidiaries or affiliates, nor any of their officers, directors, employees, or agents, nor any third party, guarantees the accuracy, completeness, or usefulness of any Content on the SWS Web site, whether provided by SWS itself, by you, the User or by any third party. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the SWS Web site, and under no circumstances shall SWS or its subsidiaries or affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the SWS Web site. SWS has the right, but not the obligation, to monitor the Content on the SWS Web site, including User-supplied Content, and to edit, modify or remove any such Content in its sole discretion. In the event that SWS determines that User has uploaded or posted Content protected by the copyright rights of any third party, SWS shall remove the Content from the SWS Web site and notify User of the same. In the event that User uploads or posts Content protected by the copyright rights of any third party after receipt of such notification, this agreement shall be automatically terminated and User's access to the SWS Web site shall be thereafter denied. Upon notice to SWS by a third party that any Content provided by User and contained on the SWS Web site infringes upon the copyright rights of such third party, SWS shall promptly remove or disable access to the offending material and notify User of the same. In the event that User disputes such third party's claim that such material infringes its copyright rights, and requests that SWS re-establish the accessibility of the Content on the SWS Web site, SWS shall notify the third party copyright claimant and replace the allegedly offending material on the SWS Web site unless it is notified that a legal action regarding such material has been filed by the third-party copyright claimant. In the event that any User or third party claims that its copyrighted material has been improperly posted or displayed on the SWS Web site, such person may notify the following notify SWS's copyright agent C/O Risk Management at the following address, 1600 N. W. 163rd St. Miami FL 33169 or by phone at (305) 625-4171 ext. 1250. In notifying SWS's copyright agent, such User or third party shall supply all of the following information: to the agent: a. description of the copyrighted work or other intellectual property the person claims to have been infringed; b. description of where on the SWS Web site the allegedly infringing material is located; c. the person's address, email address and telephone number; d. statement that the person claiming copyright infringement has a good faith belief that the disputed use is not authorized by the copyright owner , its agent or the law; e. statement under penalty of perjury that the information provided in its notice is accurate and that the person is the copyright owner or is authorized to act on behalf of such copyright owner.
III. LICENSE AND WEB SITE ACCESS; USER CONDUCT
SWS grants you a limited license to access and make personal use of the SWS Web-Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of SWS. This license does not include, and User expressly agrees that it will at all times refrain from any and all of the following activities in connection with the SWS Web site:
(i) uploading or otherwise distributing third party Content on the Web site;
(ii) conducting any resale or commercial use of the SWS Web site or its Contents, except as expressly contemplated herein;
(iii) collecting and using any product listings, descriptions, or prices except as expressly contemplated herein;
(iv) making any derivative use of the SWS Web site or its Contents;
(v) downloading or copying account information for the benefit of another merchant;
(vi) disclosing any password-protected Content to any person who has not obtained a separate password;
(vii) using data mining, robots, spiders, or similar data gathering and extraction tools;
(viii) interfering with or disrupting computer networks connected to the Web site;
(ix) supplying knowingly false and/or inaccurate information to SWS regarding your account;
(x) uploading or posting any Content for which the User does not have the license or right to do so, including but not limited to any Content protected owned by a third party, or which infringes on the copyright, trademark, patent, rights of publicity or privacy of any third party;
(xi) uploading or posting any unauthorized advertising, solicitations, offers for sale or any other content whose purpose is to use the SWS Web site for User's personal commercial activities;
(xii) uploading or posting any material or information that contains a computer virus;
(xiii) using the Web site in such a manner as to gain unauthorized access to the computer systems or information of other Users;
(xiv) uploading or posting any material or information that is unlawful, defamatory, vulgar, obscene or otherwise objectionable;
(xv) reproducing, copying, modifying, selling or distributing for any commercial purpose any portion of the Web site, its design, layout, user interface, trade dress or any of the contents therein;
(xvi) using any frame or framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SWS and/or its subsidiaries and/or using any meta tags or any other "hidden text" utilizing SWS' name, trademarks and/or service marks, without the express written consent of SWS. Any rights not expressly granted to User herein are reserved by SWS. All Content on the SWS Web site is and shall continue to be owned exclusively by SWS or others, and is protected by patent, copyright, trademark, trade dress or other proprietary rights. Under no circumstances shall User acquire any ownership or other rights in the content by or through use of the SWS Web site. SWS reserves the right to change or modify the Content of the Web site at any time and for any reason.
IV. TERMINATION OF USE
SWS may terminate or suspend User's access to all or part of the SWS Web site without notice, for any conduct that SWS, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party provider, a service provider, or SWS. Any unauthorized use of the SWS Web site shall automatically terminate the permission or license granted herein by SWS, whether or not SWS is aware of such use.
V. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
User expressly agrees that use of the SWS Web site is at User's sole risk. Neither SWS nor its subsidiaries and/or affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants/manufacturers, sponsors, licensors (collectively, "Providers"), or the like, warrant that the SWS Web site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the SWS Web site, or as to the accuracy, reliability, or currency of any information Content, service, or merchandise provided through the SWS Web site.
The SWS Web site and all information provided thereon is provided by SWS or other Providers on an "as is" and "as available" basis. SWS makes no representations or warranties of any kind, express or implied, as to the operation of the SWS Web site or the information, Content, materials, or products included on this site. To the full extent permissible by applicable law, SWS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SWS does not warrant that the SWS Web site, its servers, or e-mail sent from SWS are free of viruses or other harmful components. In no event shall SWS or any other Provider be liable to User(s) for any damages of any kind arising from the use of, or inability to use, the SWS Web site, from User's reliance on any information or Content contained on the Web site, from any errors or inaccuracies in information provided on the Web site, from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to SWS' records, programs, or services, and including but not limited to direct, indirect, incidental, punitive, special, and consequential damages, or for any claim of lost profits, lost data or any "down-time" of User's computer or computer network, and arising out of any legal theory, whether or not SWS has been advised in advance of the possibility of such damages. No oral advice or written information given by SWS or its subsidiaries and/or affiliates, or any of its or their officers, directors, employees, agents, providers or the like shall create a warranty, nor shall User rely upon any such information or advice. User's sole remedy in connection with this agreement is to cease use of the SWS Web site. To the extent that certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
VI. LINKS TO THIRD PARTY WEBSITES
In the event that the SWS Web site includes links to third-party web sites, User understands and agrees that selecting any such links shall cause User to leave the SWS Web site. Any such linked web sites are not under SWS's control, and SWS makes no representation of any kind in connection with any such third-party web site, its contents, its operation, or any other matter related to any such third-party web site. Such links are provided as a matter of convenience only and do not constitute an endorsement or promotion of any such third-party web site.
VII. TRADEMARK NOTICE
The following trademarks are common law and/or registered trademarks of SWS. All other company, product and brand names are or may be the trademarks of their respective owners, and SWS makes no claim of ownership or other rights therein.
VIII. USE OF USER INFORMATION; INDEMNIFICATION
User understands and agrees that it has no expectation of privacy or confidentiality in connection with any information submitted by User to SWS through this Web site. If User submits information to the Web site, including but not limited to personally identifiable User data, financial information, purchase orders or any other information concerning User's buying or purchase habits ("User Information") User hereby grants to SWS a perpetual, non-exclusive, royalty-free worldwide license to use, copy, analyze, report on, distribute and in all other ways commercially exploit the User Information. Notwithstanding the above, SWS acknowledges and agrees that User retains ownership rights in any copyrights or other intellectual property rights contained in such User information, subject only to the license granted herein. In the event that any third party brings a claim against SWS in connection with any content provided to the SWS Web site by User, or User's use of the SWS Web site, User agrees to indemnify, defend and hold SWS, it officers, directors, employees and agents harmless from any such claim and to pay for any attorneys' fees or costs, settlements or judgments pertaining to such claim.
IX. APPLICABLE LAW
By visiting the SWS Web site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SWS or its affiliates in connection with your use of the SWS Web site.
Any dispute arising out of, connected to or in any way relating to your visit to or use of the SWS Web site or to products you purchase through SWS (whether or not purchased through the SWS Web site) shall be submitted to binding, confidential arbitration in Miami, Florida, except that, to the extent you have acted or failed to act in any manner requiring injunctive relief, or violated or threatened to violate SWS' intellectual property rights, SWS may seek injunctive or other appropriate relief in any state or federal court in the state of Florida or elsewhere in its sole discretion, and you consent to exclusive jurisdiction and venue in such courts and/or in Florida-based AAA arbitration. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association ("AAA") before a single arbitrator chosen by the AAA in accordance with its then prevailing arbitrator-selection process. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction to the fullest extent permitted by applicable law. No arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
XI. SITE POLICIES AND MODIFICATIONS
SWS may, from time to time, post other policies on the SWS Web site which policies also govern your visit to such Web site. SWS reserves the right to make changes to its Web site, policies, and these Conditions of Use at any time.
The provisions of these Conditions of Use are intended to be severable. If, for any reason, any of these conditions shall be deemed invalid, void, or unenforceable in whole or in part, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. This agreement sets forth the entire agreement between the parties in connection with the subject matter hereof, and supersedes all prior understandings, agreements (whether oral or written), representations, courses of dealing or industry customs. This agreement may be terminated by either party at any time and for any reason. In the event this agreement is terminated, User agrees to cease any and all use thereof. No failure or delay by SWS to exercise any right or remedy hereunder upon any breach or default by User shall constitute a waiver by SWS of such right or remedy, or of User's breach or default. User and SWS are independent contractors, and no agency, partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship is, or is intended to be, created by entering into this agreement.