THIS DOCUMENT CONTAINS SIGNIFICANT INFORMATION ABOUT YOUR PRIVILEGES AND RESPONSIBILITIES, ALONG WITH TERMS, RESTRICTIONS, AND EXCLUSIONS THAT ARE APPLICABLE TO YOU. PLEASE REVIEW IT THOROUGHLY.
BY ENTERING OR UTILIZING THE DIGITAL PLATFORMS (AS DEFINED BELOW), YOU ACCEPT AND CONSENT TO BE BOUND BY THESE USAGE TERMS (“USAGE TERMS”) (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED HEREIN, UNDER WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE STATED HEREIN) AND YOU RENOUNCE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ARBITRATION ON A CLASS-WIDE BASIS) and our Privacy Policy, AND YOU AFFIRM THAT (A) YOUR USE OF AND ACCESS TO THE DIGITAL PLATFORMS WILL ABIDE BY THESE USAGE TERMS AND ALL RELEVANT LAWS, RULES, AND REGULATIONS AND (B) YOU ARE LEGALLY OF AGE TO ENTER INTO A BINDING AGREEMENT. If you do not agree to these Usage Terms and the Privacy Policy, you are not authorized to enter or otherwise employ the Digital Platforms.
The ensuing Usage Terms are agreed upon by you and Best Buy Liquors (“Best Buy Liquors” or “we” or “us” or “our” or similar pronouns) and, along with any accompanying documents cited herein, manage your access to and utilization of the Best Buy Liquors website at bestbuyliquors.com or any other Best Buy Liquors website where this is published (each, a “Best Buy Liquors Website”), whether accessed via the Best Buy Liquors website (desktop or mobile) and/or Best Buy Liquors applications for mobile and tablet devices (collectively, the “Digital Platforms”).
For clarity, your utilization of specific areas, services, or features of the Digital Platforms may be subject to additional provisions, which will be published or otherwise made accessible to you concerning such area or feature. For instance, your acquisition of non-auction items through the Best Buy Liquors Digital Platforms will be governed by the applicable Sales Terms, and your participation in online auctions will be governed by the Sales Conditions applicable to the relevant auction. Best Buy Liquors auctions and purchases are managed by terms found at bestbuyliquors.com .
We retain the right to alter these Usage Terms periodically, at any time without prior notice to you, by posting such revisions on the Best Buy Liquors Websites. It is your responsibility to periodically review the Usage Terms. You will be informed if these Usage Terms have been amended since your last visit to the Digital Platforms by referencing the “Last Modified” date at the bottom of this page. IF YOU DISAGREE WITH THE CURRENT VERSION OF THE USAGE TERMS, YOUR SOLE RECOURSE IS TO REFRAIN FROM ACCESSING OR OTHERWISE UTILIZING THE DIGITAL PLATFORMS.
1. Electronic Communication. When you enter or use the Digital Platforms, provide your email address to a Best Buy Liquors representative, or send us emails, you are engaging in electronic communication with us. By doing so, you consent to receive communications from us electronically. We will communicate with you via email or by posting notifications on the Digital Platforms. You acknowledge that all agreements, notifications, disclosures, and other communications that we provide to you electronically comply with any legal requirement that such communication be in writing.
2. Proprietary Rights. Between you and Best Buy Liquors, Best Buy Liquors exclusively and solely owns all rights, titles, and interests in and to the Digital Platforms and all its components, including: all content (including but not limited to audio, images, photographs, illustrations, text, graphics, logos, button icons, other visual elements, video, written content, Trademarks, etc.), software, code, data, and materials used in or available on it; the appearance, design, and organization of the Digital Platforms; the compilation of content, code, data, and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution, and subsequent modification), and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the aforementioned. Your usage of the Digital Platforms does not confer upon you any right, title, or interest in any of its elements, and Best Buy Liquors (or our applicable licensors, partners, or affiliates) possesses and maintains all rights, titles, and interests (including all intellectual property and proprietary rights) in and to them.
3. Limited License. Subject to the constraints and limitations outlined in these Usage Terms, we grant you a limited license to access and utilize the Digital Platforms for internal purposes, including (a) accessing and viewing content on the Digital Platforms on your computer or other Internet-enabled devices, such as mobile phones and tablets, (b) creating single copies or prints of content on the Digital Platforms, and (c) placing bids or orders (where applicable) for products offered for auction or sale on the Digital Platforms. The Digital Platforms and the services provided on or through them, including any content, software, code, data, and materials therein, are solely for your personal, non-commercial use. The Digital Platforms are not intended for individuals under the age of 13 and are only offered to users aged 13 years or older.
4. Prohibited Use.
Any business distribution, dissemination, use, or exploitation of the Digital Platforms or any aspect thereof (including any content, software, code, data, or materials utilized in or accessible on the Digital Platforms), is strictly prohibited unless you have obtained the express prior written consent of Best Buy Liquors or the relevant rights holder.
Except as explicitly allowed under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, replicate, mirror, reproduce, post, transmit, alter, adapt, edit, create derivative works from, transfer, sell, license, rent, or otherwise exploit or make commercial use of the Digital Platforms or any aspect thereof (including any content, software, code, data, or materials used in or available on the Digital Platforms) or (ii) interpret, reverse engineer, decompile, decrypt, disassemble, or convert into human-readable form the Digital Platforms or any aspect thereof (including any content, software, code, data, or materials used in or available on the Digital Platforms) not intended for such interpretation (this includes using or directly viewing the underlying HTML or other code from the Digital Platforms except as interpreted and displayed in a web browser).
As a prerequisite for accessing and using the Digital Platforms, you agree that you will not utilize the Digital Platforms or any aspect thereof for any purpose that is unlawful, commercially oriented (such as, for instance, fundraising for anyone, advertising or promoting any product, service, pyramid scheme, or other enterprise) or prohibited by these Terms of Use, or any other purpose not sanctioned under these Terms of Use. You agree to comply with all applicable local, state, national, and international laws, regulations, and rules and refrain from accessing or using the Digital Platforms from a jurisdiction where such access or use is illegal or unauthorized. For example, but not limited to, you agree that while using the Digital Platforms and the various services and features offered on or through the Digital Platforms, you shall not:
(a) impersonate any individual or entity, whether real or fictitious, or misrepresent your affiliation with any other individual or entity;
(b) disclose any personal information about another individual, including another person's name, address, phone number, email address, credit card information, or any other information that could be used to track, contact, or impersonate that person;
(c) insert your own or a third party's advertising, branding, or other promotional content into any of the services, content, functions, information, materials, or products available through the Digital Platforms; utilize, redistribute, republish, or exploit such content or service for any further commercial or promotional purposes; or engage in unauthorized or unsolicited advertising or marketing;
(d) engage in data mining, spidering, "screen scraping," "database scraping," harvesting of catalog information, email addresses, IP addresses, or other contact or personal information, or any other automated means of obtaining information from the Digital Platforms or through the Digital Platforms or the services offered on or through the Digital Platforms;
(e) obtain or attempt to obtain unauthorized access to computer systems, materials, or information that is not intentionally made publicly available by Best Buy Liquors through any means, including through password mining;
(f) use the Digital Platforms or any services, content, functions, information, materials, or products available through the Digital Platforms in violation of Best Buy Liquors' or any third party's intellectual property or other proprietary or legal rights;
(g) frame or link to the Digital Platforms without our express written permission or as otherwise expressly permitted pursuant to Section 8 below;
(h) use the Digital Platforms or any services, content, functions, information, materials, or products available through the Digital Platforms for purposes of money laundering, bid rigging, price fixing, or other unlawful collusion, price signaling, or exchange of competitively sensitive data or information;
(i) engage in activities, or use the Digital Platforms or any services, content, functions, information, materials, or products available through the Digital Platforms, in a manner that could damage, disable, overburden, or impair the Digital Platforms or our (or our third-party service providers’) computing, storage, or communications infrastructure, or interfere with any other party's use and enjoyment of the Digital Platforms;
(j) use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or network system or to damage or obtain unauthorized access to any system, data, or other information of Best Buy Liquors or any third party; or
(k) attempt (or encourage or enable anyone else's attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Digital Platforms or any services, content, functions, information, materials, or products available through the Digital Platforms.
5. Brands. The brands, emblems, marks of service, and trade titles (collectively the "Brands") exhibited on or in connection with the Digital Platforms (or on content accessible on the Digital Platforms) and all rights therein belong to Best Buy Liquors, SPTC, Inc., or our affiliates, licensors, or partners, or other parties, and may not be utilized in any manner unless expressly authorized in writing by Best Buy Liquors or the relevant Brand owner.
6. User Data; Registration of Accounts. In the course of your utilization of the Digital Platforms, you may be requested to provide certain personal data to us ("User Data"), including if you opt to register a user account on the Digital Platforms. Our policies regarding the collection and use of such User Data respecting the privacy of such User Data are outlined in the pertinent Best Buy Liquors Privacy Policy which are incorporated herein by reference.
We will not deliberately collect personally identifiable information from any person that is actually known to us to be a child under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT UTILIZE OR ACCESS THE DIGITAL PLATFORMS AT ANY TIME OR IN ANY MANNER.
You recognize and agree that you are solely responsible for the accuracy and content of User Data, and you agree to keep it up to date.
You may register for an account on the Best Buy Liquors Websites. We may decline to accept any application for an account registration, or may terminate any account registration at any time, in our sole discretion. Your account is personal to you, and you may not share your account information with, or permit access to your account by, any third party. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and acknowledge and agree that you are and will be solely liable for any and all acts and omissions under your account, including any content that is posted or transmitted using the Digital Platforms. Without limiting the foregoing, you agree to make reasonable efforts to prevent unauthorized access to or use of your account and to maintain the confidentiality of your username and password, and any device that you use to access your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by Best Buy Liquors and others due to any unauthorized use of your account.
7. Submissions. Unless specifically solicited, we do not seek nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Digital Platforms, by email or in any other manner. Any information, creative works, demos, ideas, suggestions, feedback, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us ("Submissions") will be considered not to be confidential or secret, and may be used by us in any manner consistent with the relevant Best Buy Liquors Privacy Policy. By submitting or sending Submissions to us, you: (a) assert and warrant that the Submissions are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in Submissions have been waived, (b) irrevocably assign to us all right, title, and interest therein, and waive any rights therein that cannot be assigned to us (including moral rights), and (c) acknowledge that we have the unrestricted right to use Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
8. Linking to the Digital Platforms. You agree that if you include a link from any other website to the Digital Platforms, such link shall: (i) not contain any logos, but rather should merely read "Best Buy Liquors" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Digital Platforms. You are not permitted to link directly to any image hosted on the Digital Platforms or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website. You are permitted to link directly to videos hosted on the Digital Platforms only with proper credit to Best Buy Liquors, and you may not alter the videos in any way. You agree not to download or use images hosted on the Digital Platforms on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Digital Platforms in any manner such that the Digital Platforms, or any page of the Digital Platforms, is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Digital Platforms be discontinued, and to revoke your right to link to the Digital Platforms from any other website at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: Best Buy Liquors, 1613 Neptune Avenue, Brooklyn, New York 11224, Attention: Website Management.
9. Indemnity. You agree to defend, indemnify on demand and hold Best Buy Liquors and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers, and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from (a) your use of or reliance on the Digital Platforms or any services, content, functions, information, materials, or products available through the Digital Platforms, (b) your purchase or use of any products through the Digital Platforms, (c) your placement or transmission of any message, content, information, software, or other materials through the Digital Platforms, or (d) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Use. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.
10. Product and Service Orders. We may offer certain products for sale through the Digital Platforms to visitors and registrants of the Digital Platforms, including, for example, our auction catalog. Certain products that you bid on, purchase, and/or download on or through the Digital Platforms may be subject to additional terms and conditions presented to you at
YOU CLEARLY COMPREHEND AND AGREE THAT YOUR ENTRANCE TO AND UTILIZATION OF THE DIGITAL PLATFORMS IS SOLELY AT YOUR OWN PERIL, AND THE DIGITAL PLATFORMS AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS, AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS ARE PROVIDED ON AN “ AS IS ” AND “ AS AVAILABLE ” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
WITHOUT CONSTRAINING THE AFOREMENTIONED, THE RELEASED PARTIES (I) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE DIGITAL PLATFORMS, AND (II) HEREBY RENOUNCE, AND YOU HEREBY FORGO, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, OR OTHERWISE ON THE DIGITAL PLATFORMS OR IN CORRESPONDENCE WITH BEST BUY LIQUORS OR ITS AGENTS. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE HANDLING, STORAGE, AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU VIA THE DIGITAL PLATFORMS.
THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT:
(A) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS, OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS, OR SERVICES AVAILABLE ON THE DIGITAL PLATFORMS WILL MEET YOUR EXPECTATIONS;
(B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT, OR COMPLETE;
(C) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS, AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(D) ANY DEFECTS OR ERRORS IN THE DIGITAL PLATFORMS WILL BE RECTIFIED;
(E) THE DIGITAL PLATFORMS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(F) ANY PARTICULAR RESULT OR OUTCOME CAN BE ACHIEVED OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL PLATFORMS WILL BE ACCURATE OR RELIABLE.
14. RESTRICTION OF LIABILITY.
IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY VIOLATION OF THIS AGREEMENT, (B) THE UTILIZATION OF, OR THE INCAPABILITY TO UTILIZE, THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS, OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS, (C) YOUR PROVISION OF INFORMATION VIA THE DIGITAL PLATFORMS; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORMS; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE DIGITAL PLATFORMS, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT RESTRICTING THE AFOREMENTIONED, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE DIGITAL PLATFORMS ARE ACCESSED, DOWNLOADED, OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER PROPERTY THAT RESULTS THEREFROM OR FROM YOUR USE OF ANY SUCH MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS, OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).
15. Conflict Resolution. EXCEPT AS OTHERWISE PROVIDED UNDER THESE TERMS OF USE, ALL DISPUTES AND CLAIMS BETWEEN YOU AND BEST BUY LIQUORS THAT ARISE OUT OF OR IN CONNECTION WITH, OR RELATE TO, THESE TERMS OF USE SHALL BE RESOLVED, AT THE FILING PARTY'S ELECTION, IN EITHER A SMALL CLAIMS COURT OR BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARBITRATION SHALL TAKE PLACE IN NEW YORK, NEW YORK. ALL DISPUTES IN ARBITRATION WILL BE HANDLED SOLELY BETWEEN THE NAMED PARTIES, AND NOT ON ANY REPRESENTATIVE OR CLASS BASIS. FURTHER, UNLESS BOTH YOU AND BEST BUY LIQUORS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE 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 WITHOUT AFFECTING OTHER INDIVIDUALS.
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND BEST BUY LIQUORS SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
YOU UNDERSTAND THAT YOU AND BEST BUY LIQUORS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY.
16. Local Standards. We do not represent or warrant that the Digital Platforms or any content, materials, information, functions, or products available through the Digital Platforms are appropriate for use in all locations. Persons who choose to access the Digital Platforms do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. Termination. Notwithstanding anything to the contrary set forth in these Terms of Use, we may cancel any order, terminate your access to all or any part of the Digital Platforms at any time, and/or block or prevent future access to and use of the Digital Platforms, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Digital Platforms, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of these Terms of Use shall survive and (b) the provisions of these Terms of Use that by their nature are intended to survive termination shall so survive. We maintain a policy that provides for the termination in appropriate circumstances of the Digital Platforms use privileges of users who are repeat infringers of intellectual property rights.
18. Miscellaneous. The Terms of Use incorporate the applicable Privacy Policy and any other terms applying to your use of the Best Buy Liquors Website by reference. These Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York. Subject to the terms of Section 15 above (Dispute Resolution), you agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise set forth herein, these Terms of Use may only be amended by a written agreement executed by you and an authorized representative of Best Buy Liquors specifically referencing these Terms of Use. Any waiver of any provision of these Terms of Use by Best Buy Liquors must be made in writing and signed by an authorized representative of Best Buy Liquors and the provision to be waived. Headings used in these Terms of Use are for convenience only and are not to be relied upon. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. These Terms of Use will insure to the benefit of, and are intended to be enforceable by, Best Buy Liquors successors, assignees and licensees. There are no third party beneficiaries to this Agreement.
19. Further Inquiries. You may direct questions about these Terms of Use, or other issues, to:
Best Buy Liquors
1613 Neptune Avenue
Brooklyn, New York 11224
Attn: Website Management
Last Modified: March 27, 2024