ACCEPTANCE OF THE TERMS OF USE

The website displayed at www.stpetersburgdistillery.com (this “Website”) is operated by St. Petersburg Distillery Company, Inc. (“St. Petersburg Distillery”).

Please read these Terms & Conditions carefully before you start to use the Website.  By using and acing this Website, you expressly agree to accept and be bound by these Terms & Conditions, including our Privacy Policy.

AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS & CONDITIONS OR OUR PRIVACY POLICY, YOU MUST EXIT THIS SITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

We reserve the right, in our sole discretion, to modify or update these Terms & Conditions from time to time with immediate effect. It is your responsibility to review these Terms & Conditions periodically for updates.

PERMITTED USERS OF THIS SITE

This Website is intended to be used and accessed only by those who are of legal age to purchase and consume alcohol in their place of residence and in the location in which they are accessing this Website.  By using this Website, you represent and warrant that you are of such legal age.  If you are of legal age in your place of residence and the country from which you are accessing this Website, please continue. If you are not, please exit this Website immediately.

RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY

This Website and its entire contents, features, and functionaility (including but not limited to all information, software, text, displays, images, video, audio, names, logos, service marks, and the design, selection, and arrangement thereof) are exclusively owned by St. Petersburg Distillery (and its parents, affiliates, and subsidiaries) and its third-party licensors or other providers of such material.  St. Petersburg Distillery’s name, logo, these Terms and Conditions, and all related names, logos, product and service names, designs, and slogans are also trademarks of the Company.  All Website contents are therefore protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. .

These Terms and Conditions permit you to use the Website for your personal, non-commerical use only.  Your use of this Website does not grant you any right, title, interest or license to any such intellectual property appearing on the Website.  You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without St. Petersburg Distillery’s express prior written consent.

 

Any unauthorized use of the content of this Website may subject you to civil or criminal penalties.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

PERSONAL AND PROHIBITED USES OF THIS SITE

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions.  St. Petersburg Distillery maintains this Website for your personal entertainment, information and education. You should feel free to browse the Website and may download material displayed on the Website for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Website is prohibited except with St. Petersburg Distillery’s express prior written consent. All rights not expressly granted here are reserved to St. Petersburg Distillery.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individual(s) who control or author them.

You also agree not to use the Website in the following impermissible ways:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

 

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

 

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).

 

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

 

• Use the Website for the distribution, housing, processing, propagation, storage, or other handling of, any Content (as defined below) or other material prohibited by these Terms & Conditions, or any material that may create a risk of any loss or damage to any person or property, or any other material (including, without limitation, links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;
• Permit or otherwise enable unauthorized users to access and/or use the Website;
• Exploit the Website or collect any data incorporated in the Website in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
• Remove any copyright, trademark, patent or other proprietary notices from the Website or any Content on the Website;
• Register as a user of the Website by providing false, inaccurate, or misleading information;
• Attempt to gain unauthorized access to our computer systems (including any non-public areas of the Website) or engage in any activity that disrupts, diminishes the quality of, probes for vulnerability, interferes with the performance of, or impairs the functionality of, the Website (or the servers and networks which are connected to the Website).

DISCLAIMER OF WARRANTIES

1. PETERSBURG DISTILLERY DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR ACCURACY.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

LIMITATION OF LIABILITY

To the fullest extent provided by law, in no event shall St. Petersburg Distillery, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits and/or loss of goodwill, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Website. You acknowledge by your use of the Website, that your use of the Website is at your sole risk. Certain 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 may not apply, and you might have additional rights.

INDEMNIFICATION

You agree to defend, indemnify and hold St. Petersburg Distillery, its affiliates, licensors, and service providers, as well as all of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, harmless from and against any and all claims, liabilities, damages, judgments, losses, costs and expenses, including attorneys’ fees, arising out of or in any other way related to your use of the Website and/or its content, services, or products other than as expressly authorized in these Terms and Conditions..

ON-LINE STORES; PROMOTIONS

Additional terms and conditions may apply to the purchase of goods or services and to specific portions or features of the Website, including but not limited to contests, sweepstakes, invitations, or other similar features (an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

COMMUNICATION WITH THIS SITE

By connecting to and using the Website through a third-party service (e.g., Facebook or any other social media site), you give us permission to access and use information, content and/or material that you have supplied to that service, as permitted by that service, and to store your log-in credentials for that service.

Please remember that you are solely responsible for your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor disputes between you and any other user of the Website, or any user’s action or inaction.

You agree that you will abide by any third-party company policies and terms necessary in using our Website or Website (such as a third-party publisher terms of use or Facebook terms of use).

Any communication or material you transmit to the Website by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. St. Petersburg Distillery cannot prevent the “harvesting” of information from this Website, and you may be contacted by St. Petersburg Distillery or unrelated third parties, by e-mail or otherwise, within or outside of this Website. Anything you transmit may be edited by or on behalf of St. Petersburg Distillery, may or may not be posted to this Website at the sole discretion of St. Petersburg Distillery and may be used by St. Petersburg Distillery or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, St. Petersburg Distillery is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Website, you accept that it will not be treated as confidential and may be used by St. Petersburg Distillery without compensation in any manner what so ever, including without limitation reproduction, transmission, publication, marketing, product development, etc.

Although St. Petersburg Distillery may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Website, St. Petersburg Distillery is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website. St. Petersburg Distillery assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Website.

TERMINATION

At its sole discretion, St. Petersburg Distillery may modify or discontinue the Website, or may modify or terminate your account or your access to this Website, for any reason, with or without notice to you and without liability to you or any third party.

St. Petersburg Distillery also has the right, for any or no reason and in its sole discretion, to take any action with respect to any User Contribution that we deem necessary or appropriate, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

UNAFFILIATED PRODUCTS AND SITES

Descriptions of, or references to, products, publications or other websites not owned by St. Petersburg Distillery or its affiliates do not imply endorsement of that product, publication or website. St. Petersburg Distillery has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

LINKING POLICY

This Website may provide, as a convenience to you, links to sites owned or operated by parties other than St. Petersburg Distillery. Each linked to website has its own terms and conditions of use, as described in that site’s legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website’s legal notice/terms of use carefully before you use that site. St. Petersburg Distillery does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. St. Petersburg Distillery does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.

DISCLAIMER: Please be aware that St. Petersburg Distillery reserves the right to hyperlink from its websites and individual brand social media sites prior to receiving your company’s express permission. We do not believe this link would cause any consumer confusion or an impression of affiliation or sponsorship. Should your company object to the proposed hyperlink, please contact the distillery at 727-914-0931, or send email to [email protected] as soon as possible to request a posted hyperlink be removed.

UNITED STATES GOVERNING LAW;

These Terms & Conditions, and your relationship with us under these Terms & Conditions, shall be governed by the laws of the State of Florida without regard to its conflict or choice of laws provisions.

MANDATORY ARBITRATION; WAVIER OF RIGHT TO FILE SUIT

By using this Website you agree that any and all disputes with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to These Terms & Conditions shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in St. Petersburg, Florida.  You are encouraged to consult your own legal counsel regarding the waiver of rights associated with this provision before continuing to access the Website.

If travelling to Florida is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).

Any offer for any product, feature, service or Application made on this Website is void where prohibited.

 

CLASS ACTIONS waiver of rights

You agree to resolve any disputes related to these Terms & Conditions as an individual and not as part of a class action or as a class representative.  For the avoidance of doubt, you also agree not to join any class action seeking relief. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to these Terms & Conditions.

You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these Terms & Conditions:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.   You are encouraged to consult your own legal counsel regarding the waiver of rights associated with this provision before continuing to access the Website.

SEVERABILITY

If any provision in these Terms & Conditions is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms & Conditions shall remain in effect.

NO ASSIGNMENT, SUBLICENSE OR TRANSFER

You may not assign, sublicense, or transfer these Terms & Conditions or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate these Terms & Conditions.

ENTIRE AGREEMENT

These Terms & Conditions sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of these Terms & Conditions shall survive the expiration of these Terms & Conditions including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under these Terms & Conditions shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.

This policy is effective as of April 7, 2020