Uni and Sons, Corp., dba Biza Cocktails (referred to as “us”, “we” or “Biza”) provides the Biza site and various related services and products (together referred to as this “site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and user. In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents and products.
By using this site, you certify that you are 21 years of age or older, the legal drinking age in the United States, or are of legal drinking age in the country from which you are accessing the site. If you are not 21 years of age or older, or of legal drinking age in the country from which you are accessing the site, please exit this site immediately.
We may make various services available on this site including, but not limited to, information about our products and e-commerce for purchase of our products. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the site.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Copyright © 2020 Biza Cocktails, Franklin Lakes, NJ. All Rights Reserved.
For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Biza and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we, nor our Affiliates, warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Biza or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Biza or its Affiliates.
Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as nonconfidential and nonproprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Kris Deodato – President Biza Cocktails
P.O. Box 213
Franklin Lakes, NJ., 07417
800-978-1853 x1
kris@bizacocktails.com
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
We love engaging with our customers via our Facebook, Instagram, and other Biza social media sites (collectively, the “Social Media Sites”), however, when you post on our Social Media Sites you MUST adhere to the following rules:
1. You MUST be 21 years of age or older, regardless of where you access the Social Media Site.
2. Content regarding or incorporating our product(s) must NOT encourage or depict excessive consumption of alcohol, underage drinking, or misuse of alcohol products.
3. Do NOT post any content that expressly or by implication suggests a relationship between the consumption of alcohol and health benefits or effects.
4. Do NOT post any content that is derogatory, disparaging, deceptive or misleading, promotes bigotry, is abusive or threatening, vulgar or obscene.
5. Do NOT post any content that contains nudity and/or includes sexually explicit content.
6. Do NOT post content (including but not limited to photos, images, logos, songs, or text) that you do not own or have the rights to use.
7. Do NOT post or solicit anyone’s name, phone number, address, email address or other personal information.
We reserve the right (but not the obligation) to remove any posts or content for any reason, including those that violate the above 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.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site may represent the opinions and judgments of an information provider, site user, or other person or entity not connected with Biza. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Biza spokesperson speaking in his/her official capacity.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
The United States export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from bizacocktails.com to either a foreign national or a foreign destination in violation of such laws.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Governing Law
To the fullest extent permitted by law, any claim, controversy or dispute arising out of or relating to the Site or any other Service, these terms or any other policies or other terms incorporated herein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a “Dispute”) will be governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its choice of law principles.
Binding Arbitration
To the fullest extent permitted by law, you and Biza each agree to submit exclusively to confidential, binding arbitration in the event of a Dispute. The arbitration will be held in New York, New York on an individual basis and not as a class action. In the event that arbitration is not permitted by applicable law: (i) the parties expressly agree that any Dispute will be brought and heard solely and exclusively in the federal or state courts of competent jurisdiction located in New York County, New York and (ii) the parties waive any plea or defense that such courts of are not the appropriate venue or that they are not subject to personal jurisdiction of such courts.
To the fullest extent permitted by law and subject to the terms of the paragraph above regarding New York jurisdiction and venue: (i) you expressly waive any right you may have to arbitrate a dispute as a class action; and (ii) you also expressly waive your right to a jury trial. The arbitration will be administered by JAMS. You may obtain a copy of the rules of JAMS by contacting the organization. Each of us shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party.
Notwithstanding anything to the contrary in this Section, to the extent either party in any manner has violated or threatened to violate the other party’s intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or provincial or federal court of competent jurisdiction.
Arbitration Final
The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state or provincial law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action
As stated above, to the fullest extent permitted by law, these terms provide that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE BIZA PARTIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE OR PROVINCIAL STATUTE.
Additional Limit on Claims
Except as otherwise prohibited by law, any Dispute must be brought within one (1) year from the date the cause of action arises.
To the extent that any portions of this Section are prohibited by law (including, without limitation, as may be prohibited by the laws of the Provinces of Quebec and Ontario, Canada). Please refer to your local laws for any such prohibitions, then such portions shall be modified to the extent possible and necessary to preserve the original intentions of this Section, and the validity or enforceability of the remaining portions of this Section shall not in any way be affected or impaired thereby.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Legal Notices to us must be sent to the attention of Legal at customerservice@bizacocktails.com, if by e-mail, or at Biza Cocktails, P.O. Box 213, Franklin Lakes, NJ 07417, if by conventional mail. Data Privacy notices must be sent to dataprivacy@bizacocktails.com, if by email, or at Biza Cocktails, P.O. Box 213, Franklin Lakes, NJ 07417. Notices to you may be sent either to an e-mail address or address supplied by you for your account or registration. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
Products offered for sale and services available on the Site are for personal use only, not for re-sale. We reserve the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe, in our sole discretion, would violate any of our business practices, applicable laws or policies.
Biza directs its users to independent, third-party payment processors (each a “Payment Processor”), for any transactions related to alcohol beverage products. When you visit the online store portion of our Site, you will be redirected to a subdomain operated, controlled, and managed by the Payment Processor, and subject to such Payment Processor’s terms of use, privacy policy, ecommerce and payment terms, and any other terms and conditions set forth by the Payment Processor.
These Terms of Use and any other policies, including our Privacy Policy or other terms incorporated herein, constitute the entire agreement between you and Biza relating to your use of the Site or any other service and the use, handling, and rights to User Information or personal information submitted or provided by you, superseding any other agreement between you and Biza with respect to the subject matter hereof. Section headings in these terms are for convenience only and have no legal or contractual effect. If any provision of these terms or any other policies or other terms incorporated herein shall be found to be unenforceable, the other provisions shall still remain in full force and effect.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes, any portion of this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
Biza Cocktails is committed to providing website accessibility to all bizacocktails.com users in accordance with the Web Content Accessibility Guidelines (WCAG) 2.0. In our efforts to achieve this goal, Biza has, where applicable, used black copy against a white background for easier viewing. In addition, we have made our text 12 pixel Gill Sans font, which is easier to read (especially compared to Times Roman). We have also coded our images to include text using HTML ALT tags. This gives users the option to have descriptive text associated with an image. We continue to strive to make our website more accessible and with future upgrades we will continue to make enhancements. For any questions or concerns regarding bizacocktails.com’s accessibility, please email customerservice@bizacocktails.com or call 1-800-978-1853 ext. 1.
For questions or concerns related to this Site or these Terms of Use please contact Customer Service at customerservice@bizacocktails.com, if by email, or call 1-800-978-1853 ext. 1.