Terms and Conditions
Welcome to our website. The following Terms and Conditions (“Terms”) govern your use of this website. By using this website, you agree to be bound by these Terms. Your acceptance of these Terms also applies to your use of our mobile apps and our official social media channels, including on Facebook, Twitter, Instagram, and LinkedIn (“Social Media Sites”), to the extent permitted by the social media platform’s Terms. References to “we,” “our,” “us” or “Our Brand” herein refer to Stateside Brands LLC, d/b/a Stateside Vodka and/or Stateside Brands (“Stateside”), and its brands, affiliates and service providers, and references to our “Site” refer to this website, our mobile apps, and our Social Media Sites.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
1. Modification and Acceptance
We may modify these Terms at any time. Each time you access our Site, it is your responsibility to review these Terms for updates. Your continued use of the Site after we have posted any modifications means you accept such modified Terms. If you disagree with these Terms (as may be modified) or are dissatisfied with our Site, your sole remedy is to discontinue using our Site.
2. Age Verification
You must be 21 years of age or older to use our Site. By continuing, you confirm that you are 21 or older.
3. Cookies and Privacy Practices
Any personal information submitted by you via our Site is governed by our Privacy Policy. Please review this policy to understand how we may use your personal information and our other privacy practices. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people to visit our website. Some of our affiliate/advertising partners may also use cookies.
4. Copyrighted Material
All content included in or made available through our Site, such as text, images, logos, graphics, and functionality, is the property of Stateside or its content suppliers and is protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws. You may not use that content in any way whatsoever, except as expressly permitted by these Terms (or in the case of copyright material, as permitted by United States copyright laws). Our trademarks and trade dress may not be used in connection with any other party’s product or service in any manner that is likely to cause confusion among customers or in any manner that disparages us. Subject to your compliance with these Terms, Stateside grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal, non-commercial use of our Site. In no event may you use our Site, or any of its content, in any commercial manner. We may revise this consent to use, or withdraw access to, our Site at any time without notice or liability to you.
5. User Comments and Submissions
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Surfside does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Stateside, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Surfside shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Stateside reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
o You are entitled to post the Comments on our Site and have all necessary licenses and consents to do so.
o The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party.
o The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy.
o The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Stateside a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
6. IP Complaints
If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please provide us with the information specified below, in writing. Please do not use this procedure for any other purpose. Include the following information:
o Signature of person authorized to act on behalf of copyright owner;
o Description of copyrighted work;
o Description of where the infringing material is located on our Site;
o Your address, telephone number, and e-mail address;
o Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
o Statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
If the content was removed under the take-down procedures of the United States Digital Millennium Copyright Act (DMCA), you may be able to file a DMCA counter-notification. In these cases, you'll receive further instructions about this process in the notification you receive from Stateside.
Our designated agent for notice of claims of copyright infringement is:
Legal Department
Stateside Brands LLC
1700 N. Hancock St.
Philadelphia, PA 19122
e-mail: legal@statesidebrands.com
7. Electronic Communications
When you visit our Site, order portal or send e-mails or other communications from your desktop or mobile device, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.
8. Social Media Rules
We enjoy engaging with our customers via our Social Media Sites, but you must adhere to the below rules whenever you post on our Social Media Sites. You must be 21 or over to visit or post on our Social Media Sites and any communications regarding our products must not encourage or depict excessive consumption, underage drinking or misuse of our alcohol products. We reserve the right (but not the obligation) to remove any posts or content for any reason, including those that violate the below rules or that we deem offensive, inappropriate or unacceptable in our sole discretion, but we do not regularly review posted content. We take no responsibility for any content posted by you or any third party. You must also abide by the Terms of the social media platform.
9. Hyperlinking and Third-Party Links
The following organizations may link to our Site without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Site in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
• commonly known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Surfside; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed above and are interested in linking to our website, you must inform us by sending an e-mail to Surfside. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Site, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Site as follows:
• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Site being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Stateside’s logos or other artwork will be allowed for linking absent a trademark license agreement. Our Site may contain links to other websites. We are not responsible for those websites, their content or any goods or services available on those websites. Inclusion of any linked website on our site does not imply approval or endorsement by us. When you access these third-party sites, you do so at your own risk.
While we are committed to safeguarding your privacy online, we cannot guarantee and make no representations that communications will be secure. By submitting your personal information to us, you acknowledge that there is no guarantee of security and that we have no liability for any interception or unauthorized access.
10. Disclaimers, Limitation of Liability, and Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STATESIDE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. STATESIDE DOES NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH STATESIDE ENDEAVORS TO PROVIDE ACCURATE PRODUCT INFORMATION, IT DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON OUR SITE. NEITHER STATESIDE NOR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, DEATH, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER OR NOT IT KNEW OR SHOULD HAVE KNOWN THE LIKELIDHOOD OF SUCH DAMAGES, ARISING OUT OF OUR SITE OR YOUR PARTICIPATION IN ANY OF OUR PROMOTIONAL ACTIVITIES. IF THE ABOVE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED $100.
THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SITE IS AT YOUR OWN RISK.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STATESIDE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND VENDORS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF YOUR BREACH OF THESE TERMS OR ARISING OUT OF ANY CONTENT THAT YOU POST.
Some states do not allow the exclusion or limitation of certain warranties or liabilities, in which case the above limitations or exclusions may not apply to you.
11. Disputes
Any dispute or claim related in any way to your use of or otherwise arising out of our Site, including any products purchased through our Site, will be resolved by binding arbitration rather than in court, except as specified below.
The arbitration will be conducted by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The arbitration hearing will take place in the county of your billing address, unless the parties mutually agree otherwise.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such a claim may be brought only in the state and federal courts located in Philadelphia County, Pennsylvania. This provision will survive any termination of these Terms.
12. Governing Law
The Federal Arbitration Act, applicable federal arbitration laws and the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Stateside.
These Terms, and the other policies posted on our Site, constitute the entire agreement between us regarding our Site. Stateside’s failure to exercise any right under these Terms does not operate as a waiver of such right. All section titles are for convenience and do not affect the meaning of any provision. If any provision is unlawful, void or unenforceable, that provision is deemed severable and will not affect any remaining provision.