Last updated August 31, 2019
Welcome to www.ExecutiveBev.com (the “Site”), owned and operated by Boutique Beverage Company, LLC, dba Executive Beverage Company, a North Carolina limited liability company (the “Company”). This Site is maintained as a service to our customers and distributors to advertise our products. By using this Site, you agree to comply with and be bound by the following terms and conditions of use (the “Terms”). Please review these Terms carefully. If you do not agree to these Terms, you should not use this Site.
If you are using the Site in connection with or on behalf of an entity, then by using the Site, both you and the entity you represent (the “Entity”) agree to be bound by these Terms. You hereby represent and warrant that you have full power and authority to bind the Entity to these Terms. If you provide to us any personally identifiable information in connection with your use and the Entity’s use of the Site, such as the name and contact information of the Entity’s personnel members, then you and the Entity hereby represent and warrant that you have the full rights and authority to provide to us such personally identifiable information.
1. Agreement. This Term of Use agreement (this “Agreement“) specifies the terms and conditions for access to and use of the Site and describes the Terms applicable to your access of and use of the Site. This Agreement may be modified at any time by the Company upon posting of the modified Agreement on the Site. Any such modifications shall be effective immediately. Each use of the Site by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. All content included on this Site is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Site Use. The Site is intended as a wine products marketplace, where distributors of wine products can interact, discover our products and engage in business with us by contacting us through use of the Site. You may access and use our Site only for your internal business purposes. You shall not (1) license, sublicense or otherwise commercially exploit or make our services and/or content available to any third party, other than as expressly permitted by this Agreement; (2) use our services to process data on behalf of any third party, or (3) use our services in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the services and its components.
5. Pricing and Availability of Products. We make no guarantees regarding the availability and/or pricing of our products on the Site. Any prices set forth alongside our products on the Site are subject to change at any time by us in our sole discretion. Furthermore, information made available through the Site does not constitute an offer to you. If you wish to order wine products from us, you may contact us through our Site, and acceptance of any order for wine products is at the Company’s sole discretion thereafter.
6. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
7. Indemnification. You agree to indemnify, defend and hold Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
8. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
10. Applicable Law. You agree that the laws of the state of North Carolina, without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between you and the Company or its affiliates.
11. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
12. Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of Company.
13. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
14. Entire Agreement. These Terms constitute the entire agreement between you and the Company and governs the terms and conditions of your use of the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Site.
15. Contact Information.
Boutique Beverage Company, LLC
dba Executive Beverage
Suite CC #220
1319 Military Cutoff Road
Wilmington, North Carolina 28405