EZ Wine & Spirits LLC
Effective Date: June 6, 2021
TERMS & CONDITIONS OF USE
BY PLACING ORDERS THROUGH THIS WEBSITE OR APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS OF USE (THE “POLICY”).
Understanding of Parties
The “Customer” is engaging the services of EZ Web Services, LLC. (EZ), by and through the online site owned and operated solely by Drnxmyth (Participant) for purposes of utilizing the services established by EZ’s “Platform”. This Platform may consist of marketing services, payment gateways, consumer offers, payment processing credentials and additional services.
Other sites that may be referred hereinto, which support EZ’s Platform, shall be regarded as “Supported Sites”. When not referred to specifically, Participant would be considered a “Supported Site”.
Third-Party and Third-Party Links
This Policy contemplates that all links provided by EZ have been verified and approved for use on the Participant site. EZ takes absolutely NO RESPONSIBILITY in ANY suit(s) that are directed to the Participant from links that have been approved or not approved for use on the Participants site. Customer understands that EZ does not maintain nor is EZ responsible for content on Participant site. EZ may provide links from time to time that EZ recommends to enhance Customer’s experience. Customer understands that by clicking on these links, Customer is leaving the supported site and EZ is not liable for any security breach that may occur.
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on Participant site by any third parties (including
information providers and users) are those of the respective author(s) or distributor(s) and not those of EZ. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than those who are authorized by us and is acting in her or his official capacity.
The use of online tracking mechanisms used by other parties is subject to those parties’ own privacy policies, and not this Policy. If you prefer to prevent other parties from setting and
accessing cookies on your computer or other device, you may set your browser to block cookies.
Credit Card Processing and Security
All on-line orders placed on Participants site require electronic payment methods which will be transmitted via secure and encrypted methods established by EZ’s payment gateways. In addition, we use standard security measures to protect the information you give us. Customer understands that a breach of security is still a possibility and agree to hold EZ harmless for any breach of that security which is not a direct result of EZ’s failure to maintain standard security measures used in on-line payment processing.
Customer understands that payment for orders is made directly to EZ, using EZ’s payment gateway. Through EZ’s Platform, orders are processed and routed to the appropriate Retailers for fulfillment. EZ does not pack or ship orders from Supported Sites. All orders are accepted and distributed by Retailers alone. EZ may charge Customer a Service Fee for processing the order and payment.
Retailers, and no one else, make all “alcoholic beverage sales”. Alcoholic beverage sales refer to any transaction, including delivery and soliciting or receiving any order, whereby title to alcoholic beverages is transferred, for consideration, to Customers. Retailers are also solely responsible for the delivery of all alcoholic beverages to the Customer. Customer understands that Retailer, not EZ or Participant, is responsible for compliance with all local, state and federal laws regarding the sale and distribution of alcohol. And that if any delay, cancellation or action commences based upon a violation of the sale or distribution laws, Customer shall hold EZ and Participant harmless for any damages which may result. Our Platform is not directed at children under the age of 21. We do not knowingly collect personally identifiable information from individuals under the age of 21.
EZ provides its Platform to Customers in exchange for Customer information and Customer consent to use said Information; EZ gives no gift, free goods or premium. If you place an order through the Platform, we will collect personal information relating to the order. This information may include, but is not limited to: (Full name, email address, shipping address,
billing address, phone number, payment information, other information related to your order (such as the nature of your purchase, whether it was a gift purchase, etc.) The purposes for which we use your information include, but are not limited to:
Responding to your questions or requests concerning the Services;
Fulfill the terms of any agreement you have with us;
Fulfill your order through our Platform or otherwise complete a transaction that you initiate;
Send you Participant information about services and other topics that are likely to be of interest to you, including newsletters, updates, or other communications, including promotional emails;
Improve our Platforms proprietary functions and Customer experience;
Deliver confirmations, account information, notifications, and similar operational communications;
Comply with legal and/or regulatory requirements;
Aggregate and deidentify information;
Benchmark results for our Participants;
Analyze how visitors use the Platform and various Platform features, including to count and recognize visitors utilizing the Platform;
Create new products and services; and
Manage our business.
We may share your information with Participant and other third parties when we believe, in our sole discretion, that doing so is necessary:
To comply with applicable law or a court order, subpoena, or other legal process;
To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party;
To establish, protect, or exercise our legal rights or defend against legal claims; or
To facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.
We retain personal information about you necessary to fulfill the purpose for which that information was collected or as required or permitted by law. We do not retain personal information longer than is necessary for us to achieve the purposes for which we collected it. When we destroy your personal information, we do so in a way that prevents that information from being restored or reconstructed.
Acceptance by Use – Modifications
By using our Platform through Supported Sites, you signify your acceptance of this Policy, including, without limitation, all the terms and conditions in this Policy. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions within this Policy, your only remedy is to discontinue use of the Supported Site.
We reserve the right to modify our Policy at any time. Your continued use of our Platform through Supported Sites following the effective date contained in the
notification or the posting of such changes on the Supported Sites, if no other
effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the then current terms and conditions of the Policy.
NO EXPRES OR IMPLIED WARRANTIES
THIS SITE AND APPLICATION, AND ALL SERVICES MADE AVAILABLE BY EZ IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING EZ MAKES NO WARRANTY OF ANY KIND: (I) THAT PARTICIPANTS SITE, APPLICATION OR EZ’S PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS USED TO MAKE AVAILABLE THE FOREGOING IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) WITH RESPECT TO ANY BEVERAGES OR OTHER PRODUCTS PURCHASED BY CUSTOMER IN CONNECTION WITH THE THIS SITE, APPLICATION AND EZ SERVICES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE QUALITY OR INGREDIENTS THEREOF; OR (III) WITH RESPECT TO ANY ACTIONS OR INACTIONS (INCLUDING NEGLIGENCE) OF ANY RETAILER, INCLUDING WITHOUT LIMITATION ANY NONFULFILLMENT OR INCORRECT FULFILLMENT OF ANY ORDER.
IMMUNE FROM LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EZ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH THIS SITE OR APPLICATION, EZ’S SERVICES, OR ANY OTHER INTERACTIONS
YOU HAVE WITH EZ, EVEN IF EZ OR A EZ REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, EZ AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS SHALL HAVE NO LIABILITY TO YOU OF ANY KIND WITH RESPECT TO: (I) ANY BEVERAGES OR OTHER PRODUCTS PURCHASED BY CUSTOMER IN CONNECTION WITH THIS SITE, APPLICATION AND EZ’S SERVICES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE QUALITY OR INGREDIENTS THEREOF; OR (II) WITH RESPECT TO ANY ACTIONS OR INACTIONS (INCLUDING NEGLIGENCE) OF ANY RETAILER, INCLUDING WITHOUT LIMITATION ANY NONFULFILLMENT OR INCORRECT FULFILLMENT OF ANY ORDER.
IN NO EVENT SHALL THE TOTAL LIABILITY OF EZ AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE, APPLICATION OR EZ PLATFORM (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED TEN DOLLARS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH CASES, THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non- appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, where the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Policy shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER THIS SECTION MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida. All parties agree to submit to the jurisdiction and venue of Miami-Dade County, Florida for any dispute arising out of this violation of this Policy. Customer agrees that any action at law or in equity that is not subject to mandatory arbitration as set forth above, shall be filed only in the state or federal courts in and for Miami Dade County, Florida. And you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such
action. A provision of this Policy may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Policy shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Policy shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Policy. If any provision of this Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions. This Policy may not be transferred or assigned
by you, but may be assigned by EZ without restriction. This is the entire agreement between you and EZ relating to the subject matter herein and shall not be modified except in a writing, signed by both parties. For the avoidance of doubt, the foregoing does not prevent EZ from updating this Policy from time to time, provided that any such updated Policy shall apply only following your acceptance of such updated Policy (e.g., the next time you submit an order on this website) and shall not apply retroactively.