SOUTH BEACH WINE LLC
Terms and Conditions
1. Introduction. Please read this Web page carefully. It contains the Terms and Conditions governing your access to and use of this Web Site operated by SOUTH BEACH WINE LLC, a Florida limited liability company (hereinafter, “SOUTH BEACH WINE”, “Our” and “Us”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by SOUTH BEACH WINE) form a binding agreement between you and SOUTH BEACH WINE. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk. In consideration for your being given access to this Site, you hereby release, waive, discharge and covenant not to sue South Beach Wine, LLC, a Florida limited liability company, its subsidiaries, affiliates, successors, contractors, agents, representatives and/or employees (collectively referred to as “South Beach Wine Team”) for any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any damage to your property or loss, damage or injury that you personally sustain, including death, whether caused by the negligence of our South Beach Wine Team or not while participating in our programs, using this Site’s content and/or attending SOUTH BEACH WINE’s events in person, regardless of location. You hereby assume all risks to your property and your person and in no way will South Beach Wine Team be liable to you for damages or injuries you sustain. By accessing our Site, you agree that any alcohol purchased from or received by you from representatives of South Beach Wine Team is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use our Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of twenty-one (21), SOUTH BEACH WINE will prosecute you fully to the extent allowable by law. If you do not agree, please leave our Site immediately.
3. Certain Definitions. The following definitions apply to these Terms and Conditions:
"SOUTH BEACH WINE Web Site" or the "Site" includes “www.southbeachwine.com” in its entirety and related sites owned or operated by SOUTH BEACH WINE and includes Content, Text, Graphics, Design, Programming and Services as applicable in the context.
“Agreement” means these Terms and Conditions as outlined herein.
“You”, “you”, “your” and “User” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Design" includes the color combinations and the page layout of the Site.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
4. Acceptable Use of the Site.
4.1 General Use Rules. The Site is intended for is intended for an adult audience only, and persons under the age of twenty-one (21) are not eligible to use this Site. Entry into this Site requires age verification. SOUTH BEACH WINE requires all Users to be at least twenty-one (21) years old to use any area of the Site. User represents that User is at least twenty-one (21) years old. We ask that anyone under the age of twenty-one (21) do no submit any personal information to us. You may use this Site only for lawful purposes within the stated context of SOUTH BEACH WINE'S intended and acceptable use of the Site. SOUTH BEACH WINE is the sole interpreter of the Site’s intended and acceptable use.
4.2 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions.
5. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of SOUTH BEACH WINE or its licensors, and is protected by United States copyright law and international treaties. SOUTH BEACH WINE reserves for itself and its licensors all right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. " SOUTH BEACH WINE," the SOUTH BEACH WINE design logo and certain other names or logos are service marks or trademarks of SOUTH BEACH WINE, and all related product and service names, design marks and slogans are the trademarks of SOUTH BEACH WINE. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by SOUTH BEACH WINE‘s trademarks and copyrights. All other product marks contained on the Site are the trademarks of their respective owners. South Beach Wine® and other associated imagery are registered trademarks of South Beach Wine LLC and no images, words, photos, audio, video, logos, text, methods, or articles may be used, copied, or recreated in any similar form without prior written permission from South Beach Wine LLC.
6. Disclaimers and Limitations on SOUTH BEACH WINE’S Liability.
6.1 Allocation of Responsibility. SOUTH BEACH WINE assumes no responsibility for the activities, omissions or other conduct of Users.
6.2 No Endorsements by SOUTH BEACH WINE. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Site, goods, products, services, or otherwise.
6.3 No Guaranty of Results. SOUTH BEACH WINE makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the User’s objectives.
6.4 WARRANTY DISCLAIMERS. (a) THE SITE IS PROVIDED ON AN 'AS IS' AND ‘AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SOUTH BEACH WINE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SOUTH BEACH WINE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) SOUTH BEACH WINE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SOUTH BEACH WINE IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) SOUTH BEACH WINE makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Users, or of any other form of communication engaged in by Users. Information provided by Users may contain inaccuracies or typographical errors. You agree that any reliance on information posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) SOUTH BEACH WINE makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL SOUTH BEACH WINE (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOUTH BEACH WINE HAS BEEN NOTIFIED OF SUCH DAMAGES.
(c) Due to the nature of these Terms and Conditions, in addition to money damages, SOUTH BEACH WINE will be entitled to equitable relief upon a breach of these Terms and Conditions by you.
7. Government Warning. According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. Please drink responsibly.
8. Legal Drinking Age Warning. SOUTH BEACH WINE does not sell or serve alcohol to persons under the age of twenty-one (21). SOUTH BEACH WINE makes every effort to ensure that alcoholic beverages are not delivered to or served to anyone who is under the age of twenty-one (21). You acknowledge that SOUTH BEACH WINE is an exporter of alcoholic beverages and broker sales agent licensed by the State of Florida, Department of Business and Professional Regulation, Division of Alcoholic Beverages & Tobacco and that SOUTH BEACH WINE only engages in those activities as permitted under Florida law.
9. Amendments to this Agreement and Changes to Site. SOUTH BEACH WINE may revise these Terms and Conditions at any time by updating this page and Site. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. Therefore, it is your responsibility to check the Terms and Conditions for any changes.
10. Indemnity. In addition and notwithstanding the conditions for use of this Site under section 1 of this Agreement, you agree to defend, indemnify, and hold harmless SOUTH BEACH WINE (and its managers, members, officers, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site or your breach of these Terms and Conditions. SOUTH BEACH WINE shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding. If terms of this section 10 conflict with the terms of section 1 of this Agreement, then the terms of this section 10 shall control.
12. Questions and Notices. Questions concerning the use of the Site should be directed to . Notices shall be sent, for SOUTH BEACH WINE, to the address listed on the Site, and, for you, to the address submitted by you or such other address as SOUTH BEACH WINE reasonably determines is an appropriate address for you.
13. General. SOUTH BEACH WINE’S contact information is listed on the Site. SOUTH BEACH WINE makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access SOUTH BEACH WINE from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Florida, United States of America without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in Miami-Dade County, State of Florida in the United States of America. You and SOUTH BEACH WINE’s sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by SOUTH BEACH WINE in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and SOUTH BEACH WINE.
14. Mediation and Arbitration. Any disputes between the parties hereto, whether arising under this Agreement or otherwise, which the parties cannot resolve between themselves using good faith shall be referred to a mediator in Miami-Dade County, State of Florida in the United States of America, and any mediation shall be held in Miami-Dade County, State of Florida in the United States of America. User shall pay all costs of said mediation. In the event that said dispute is not resolved in mediation, the parties shall submit the dispute to a neutral arbitrator residing in Miami-Dade County, State of Florida in the United States of America. The arbitration shall be held in Miami-Dade County, State of Florida in the United States of America and the non prevailing shall bear the cost of said arbitration. In the event that the parties are unable to agree upon an arbitrator within 15 calendar days of the date on which either party requests arbitration of a matter, the arbitrator shall be provided by and arbitration shall be conducted by the American Arbitration Association. The parties further agree that full discovery shall be allowed to each party to the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to Florida statutes. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorney's fees (including Trial and Appellate attorney's fees) incurred in enforcing the ruling or decision of the arbitrator. Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights.
16. Termination. SOUTH BEACH WINE reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (a) this Agreement; (b) registration with or ability to access SOUTH BEACH WINE and/or any other service provided to you by SOUTH BEACH WINE.
17. Severability. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement.
18. Attorney’s Fees and Costs. The non-prevailing party in any dispute under this Agreement shall pay all costs and expenses, including expert witness fees and attorneys' fees, incurred by the prevailing party in resolving such dispute.
19. Non-Circumvention. User agrees that the terms and conditions of this Agreement are fully applicable and binding to itself, its officers, directors, shareholders, affiliates, subsidiaries, contractees, clients, representatives, employees, associates, assigns, trustees, heirs and/or assigns or executors, and User irrevocably binds itself not to deal independently with any person, business, corporations, partnership, sellers, borrowers, lenders, agents, brokers, institutions, including their affiliates, subsidiaries, contractees, clients, representatives, employees, associates, assigns, trustees, heirs and/or assigns, or executors or other entities introduced or known to User, without the knowledge of SOUTH BEACH WINE, subject to all of the terms and conditions in this Agreement. User agrees not to attempt to circumvent, avoid or bypass SOUTH BEACH WINE in any manner, regarding any agreements or disclosures made between the parties hereto.
20. Modification. No change or modification of this Agreement shall be valid unless it is in writing and approved by SOUTH BEACH WINE.
21. Venue and Jurisdiction. Should a lawsuit or arbitration be necessary to enforce this Agreement the parties agree that jurisdiction and venue are waived and suit or arbitration shall be brought in Miami-Dade County, State of Florida in the United States of America.
22. No-Waivers. The waiver by any party of any other party's breach of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach, and the waiver by any party to exercise any right or remedy shall not operate nor be construed as a waiver or bar to the exercise of such right or remedy upon the occurrence of any subsequent breach. No action on the part of either party to this Agreement shall be interpreted as waiver unless such action shall be in writing.
23. Governing Law. This Agreement shall be governed by the laws of the State of Florida, United States of America (without regard to the laws that might be applicable under principles of conflicts of law) as to all matters, including, but not limited to, matters of validity, construction, effect and performance.
SOUTH BEACH WINE LLC
Information Collected. The information which SOUTH BEACH WINE LLC, collects through the Website may include Personal Information (hereinafter the "Personal Information") which refers to information that helps it identify users or viewers of the Website (collectively, "Users" and each a "User" or “you” and shall refer to “Customer” as defined in Website Terms and Conditions). The Personal Information includes data such as a User’s name, street address, phone number, facsimile number, email address. Users are responsible for keeping all Personal Information current and may change any previously entered information through the Website in the manner set forth below. SOUTH BEACH WINE LLC, may utilize Personal Information, without limitation, for the following purposes: (i) establishing and verifying user identities; (ii) opening, maintaining, administering and servicing Customer’s accounts; (iii) processing, servicing or enforcing transactions and sending communications relating to the Website; (iv) providing User support in connection with User-use of the Website; (v) providing service updates for the Website; (vi) providing promotional notices and offers and other SOUTH BEACH WINE LLC, information; (vii) responding to User-posed inquiries and comments; (viii) maintaining the security of the Website and Company-systems; and (ix) evaluating Use of the Website for potential improvements and otherwise. The Website may also collect data that cannot be traced back to a specific individual (hereinafter the "Anonymous Information"). For example, SOUTH BEACH WINE LLC, may be able to keep count of how many Users have viewed the Website and specific content therein, or key words utilized to find the Website, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers or email addresses. Users who view the Website but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by SOUTH BEACH WINE LLC, from anonymous Users. The Website may use browser cookies to collect Anonymous Information. The Website may also incorporate web beacons or similar tracking technologies to allow SOUTH BEACH WINE LLC, to track how the Website is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to website and other similar information. Furthermore, SOUTH BEACH WINE LLC, may, either directly or through a third party, track Users’ conduct on the Website, including, without limitation, areas of the Website visited, topic(s) viewed, most popular pages of the Website, Users’ Internet connection type and browser use SOUTH BEACH WINE LLC, may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Website and services.
3.1 We disclaim any liability for disclosure of any Personal Information or non-Personal Information arising out of any of the following circumstances:
a) Disclosure to government (local, state, national, or international) agencies in response to legal processes, such as subpoenas or court order; or
b) Any unlawful or unauthorized access to and transmissions of Personal Information from this website; or
c) Disclosure of any information by the User themselves on message boards, public forums, blogs, social networking websites, or any other online or offline media.
3.2 The use of some features of the Site requires the User to register using a simple registration form. Through the form, Personal Information is collected and additionally Personal Information is collected at different stages and at different times of the Users use of this Site. This Personal Information may include, but not limited to, the Users name, Company name, physical addresses, email address, telephone number, fax no., credit card information, etc. While collecting such Personal Information from the Users, we take great care and diligence in collecting only as much information as is absolutely vital to provide the User with efficient and timely services. All such Personal Information is kept confidential and never shared with, or sold to, or traded with, any third party without your explicit consent.
3.3 Some of the instances when we collect Personal Information from the Users of this website include:
a) During registration process; or
b) While completing an online form to request information about our products.
3.4 Some of the uses of the Personal Information so collected by our website include:
a) to allow the User to purchase goods from our Site; or
b) to provide the User the information requested from us; or
c) to contact the User when requested; or
d) to provide such information to our affiliates and partners (if any) under confidentiality agreement so that they may provide the User with offers and information about products or services the User might be interested in; or
3.5 The User can always disallow us to contact the User regarding the latest offers, news, and updates, by opting out at the time or registration or by sending an email to Info@SouthBeachWine.com.
3.6 Besides the above-mentioned Personal Information, some non-Personal Information may be collected when the User visits different pages of this Site. Such non-Personal Information may include the type of browser the User used to access this website, the operating system(s) installed on the User’s computer, internet protocol (ip) address of the User’s computer, ip address of the User’s internet service provider (isp), etc. This information is generally used to improve the layout and content of our website, provide the User with customized advertisements, analyze the site-usage, dispense with the need to re-login every time the User visits the webpages of the Site after logging in, and enhance the overall experience of using this website. All such non-Personal Information is kept confidential and never shared with, or sold to, any third party.
3.8 We accord maximum priority to the security of all the data we collect from the Users of this Site. Therefore, we use the latest and most secure technologies prevalent in the industry and available in the market to protect the integrity of all the Personal Information or non-Personal Information collected during the course of your interaction with the Site. Apart from several electronic and technical safeguards, we also employ certain physical and procedural safeguards in order to make the access to this sensitive data exclusive to the authorized personnel have access to this data. Notwithstanding any amount of steps and assurances we give, due to peculiar nature of the Web, no foolproof security from unauthorized access by hackers, crackers, or similar illegal means and personnel, can be guaranteed. Additionally, while processing online payments, we do not retain or intercept any credit card data which you submit through our secure servers. All such data is directly sent to the secured servers of the credit card companies through latest SSL encryption method for further processing.
Newsletter Subscriber. A User may become a subscriber to the newsletter of the Website in accordance with the Website Terms and Conditions (hereinafter the "Subscriber"), in which case the User may be asked to provide certain Personal Information, including his name, address, telephone number, email address. This information is collected within the registration process, in order to allow for greater ease in the Subscriber receiving our newsletter; to allow SOUTH BEACH WINE LLC, and the Website to identify the Subscriber; and to allow SOUTH BEACH WINE LLC, to contact the Subscriber for customer service purposes and otherwise. In addition, SOUTH BEACH WINE LLC, requests Subscriber’s email address to confirm new subscriber registration and to enable email or other electronic communications to be made through the Website. Moreover, SOUTH BEACH WINE LLC, may utilize a Subscriber’s email address to send updates, newsletters, news or other information regarding the Website to the Subscriber. In the event that Subscriber no longer wishes to receive such emails, Subscriber may "opt-out" by contacting SOUTH BEACH WINE LLC, by sending an email at Info@SouthBeachWine.com. The subject line of that communication should read: "DO NOT SEND ME NOTIFICATION EMAILS." Subscribers may be providing more Personal Information than general Users to the Website. By becoming a Subscriber that User assumes all risk, and agrees to these terms with regard to all of the information that he submits vis-à-vis the Website. Furthermore, the information set forth in the Subscriber’s profile may be shared with others, and registration as a Subscriber constitutes consent to sharing this information.
Security Procedures. SOUTH BEACH WINE LLC, undertakes reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems SOUTH BEACH WINE LLC, undertakes reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although SOUTH BEACH WINE LLC, is ever diligent in its security pursuits, it cannot guarantee the success of its efforts.
Special Cases. It is SOUTH BEACH WINE LLC's policy to not use or share the Personal Information about the Users of the Website in ways which have not been outlined or described herein without first allowing its Users a chance to opt out or otherwise disallow such unrelated uses. However, SOUTH BEACH WINE LLC, may disclose Personal Information about its Users or information relating to their Use of the Website for any reason if, in its sole discretion, it determines that it is reasonable to do so, including:
9.1 To comply with laws, such as the Electronic Communications Privacy Act, regulations or governmental or legal requests for such information;
9.2 To reveal information that is needed to identify, contact or bring legal action against any User who may be violating the Website Terms and Conditions;
9.3 To operate the Website properly;
9.4 To protect the Website and its Users; and/or
9.5 To fully cooperate with law enforcement authorities, private-party litigants and others seeking information about its Users to the extent required by applicable law.
Managing and Deleting Users’ Personal Information. If a User would like to modify or delete any Personal Information previously entered on the Website, User can update User’s information by contacting SOUTH BEACH WINE LLC, by sending an email at and providing User’s current and updated information.
Legal Drinking Age. SOUTH BEACH WINE LLC, is intended for an adult audience only, and persons under the age of twenty-one (21) are not eligible to use this Website. Entry into this Site requires age verification. SOUTH BEACH WINE LLC, requires all Users to be at least twenty-one (21) years old to use any area of the Site. User represents that User is at least twenty-one (21) years old. We ask that anyone under the age of twenty-one (21) do no submit any personal information to us.