×Website Terms:
In addition to any terms and or conditions contained in any agreements and/or policies applicable to the beveragesdirect.com website ("Website") or BevDir LLC business ("Company"), by using the Website you hereby agree to the following terms ("Website Terms"):
- Arbitration & Choice of Laws.
- You and the Company agree that any dispute, claim or controversy arising out of or in relation to your use of the Website, this agreement, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, will be settled by binding individual arbitration. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute between you and Company, you and Company agree that the arbitrator will decide that issue. Notwithstanding the foregoing, you and Company each agree that any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to this arbitration clause or arbitration. However, all claims related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or intellectual property rights will be interpreted under Florida law and will be heard exclusively in the state and federal courts located in Orange, Florida.
- You and Company agree that the Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. The arbitration will be administered under American Arbitration Association’s most recent Commercial Arbitration Rules then in effect except where as modified herein. The arbitration will be conducted in Orange, Florida and will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the American Arbitration Association. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing Party. This arbitration will be held in Orange, Florida and both parties agree that they will be required to be present in Orange, Florida for arbitration under the terms of this Agreement and hereby submit to exclusive personal jurisdiction in Orange, Florida. The arbitrator will apply the laws of the State of Florida and the federal laws of the United States in deciding any controversy or claim pursuant to this arbitration clause.
- You and Company acknowledge and agree that each are waiving the right to a trial by jury as to all arbitrable disputes.
- You and Company acknowledge and agree that, to the fullest extent permitted under the law, each are waiving the right to participate as a plaintiff or class member in any class action lawsuit, class arbitration, or private attorney general action. If this class action waiver is held unenforceable with respect to the dispute between the Parties, the Parties agree that the entirety of the arbitration clause will be deemed void with respect to such dispute and the dispute must proceed in court.
- Conflict. In the event of any conflict between these Website Terms any other terms, conditions or policies applicable to the site, these Website Terms shall control.
- Copyright 2021 DeltaShield LLC
