Terms and Conditions of Use for the BetterHalfMix.com Website

You should read these terms and conditions of use ("Terms of Use") before further proceeding with accessing, viewing, and otherwise using the BetterHalfMix.com website (“Site”), since it is a condition to your access, view and use that you agree to these provisions. If you continue to visit this Site, then you have agreed to these terms and conditions. Thank you for visiting this Site.

This Site is operated by L&B Beverage, LLC ("our", "we", and/or "us"). We welcome you to this Site and hope you will enjoy and benefit from it.

1. Access to the Site

By using the Site, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use. You further represent and warrant that your access and use of the Site, and your purchase and/or use of any products sold through this Site, shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. You agree to use this Site for your own personal use only. If you do not agree with any of these Terms of Use, you must stop accessing this Site.

2. Use of Content and Proprietary Notices

2.1 Certain content of this Site, including, but not limited to, text, design, photographic images, video clips, illustrations, artwork, articles, reference information, menus and all other protectable elements of this Site which is not “User Content” as defined below (collectively, the “BetterHalfMix.com Content”) remains the sole and exclusive property of us or the authors, as applicable, including all copyright, trademarks and all other proprietary rights. You agree not to duplicate, or otherwise extract any of the BetterHalfMix.com Content for any purpose other than for your own personal use, unless otherwise authorized by us in writing. You also agree not to sell or modify the BetterHalfMix.com Content, display, publicly perform, distribute or otherwise use any of the BetterHalfMix.com Content, in whole or in part, for any public or commercial purposes without our prior written consent.

2.2 All trademarks and service marks, including, but not limited to characters, artwork, logos, identified on this Site are owned exclusively by us, unless otherwise indicated on this Site. You agree not to remove, modify, use or otherwise exploit any of our trademarks or service marks without our prior written consent.

2.3 The BetterHalfMix.com Content may be updated and otherwise modified by us without notice. You should keep looking at this Site to see if any of the BetterHalfMix.com Content has changed.

2.4 Neither we, nor any owners, administrators, contributors, website users and authors are responsible for any liability arising from your use of or reliance on the BetterHalfMix.com Content or User Content (as defined below).

3. Content Posted by You to the Site

3.1 By sending, transmitting, publishing, displaying or uploading (collectively, "Posting") any text, links, photos, video, design, illustrations, artwork, articles, messages or other data or information (collectively, "User Content") on or to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us and our successors and assigns an irrevocable, perpetual, nonexclusive, fully-paid, royalty-free and worldwide right (including any moral rights) and license (as well as consent) to use, copy, reproduce, modify, adapt, publish, translate, distribute, derive revenue or other remuneration from, communicate to the public, perform and display such User Content and to prepare derivative works of, or incorporate into other works, such User Content and to grant and authorize sublicenses of the foregoing in any form, media, or technology now known or later developed. Except as provided in our Privacy Policy, none of the User Content shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any User Content.

You also understand and agree that if and when you decide to Post any User Content to or through this Site:

(a) The User Content is not in breach any of these Terms of Use, nor does the User Content violate any law or judicial or governmental order;

(b) You represent and warrant that you own all rights to and/or are authorized to Post the User Content to or through this Site;

(c) We may preserve and/or disclose the User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to any claims that any User Content violated the rights of third parties, or (d) protect the rights, property, or personal safety of this Site, its users or the public; and

(d) We may modify, alter, delete, remove or otherwise not display or post such User Content at our sole discretion.

3.2 You are solely responsible for the User Content that you Post on the Site.

4. Improper Use

4.1 You agree not to submit to us or through this Site any materials, including, but not limited to, any User Content, that (a) infringes or misappropriates any copyright, trade secret or other proprietary rights of any other party, (b) contains any defamatory or libelous statements, (c) invades any person’s privacy, (d) harasses or threatens the safety of any person, (e) is racially, culturally, or ethnically offensive or hateful, (f) displays pornographic or sexually explicit material of any kind, (g) includes material that exploits people under the age of 18 in a sexual or violent manner, is intended to solicit personal information from anyone under 18 or is in any way harmful to minors, (h) violates these Terms of Use, (i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses, (j) solicits passwords or personally-identifying information for commercial or unlawful purposes from other users, (k) contains any material that you do not have the right to transmit either by law or as a result of a contractual or fiduciary obligation, (l) diverts users to another website, (m) misrepresents your identity, or (n) otherwise violates any federal, state, local or foreign laws or regulations. Illegal and/or unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited and will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Site without notice. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Site.

4.2 You further agree not to or permit any other person to:

(a) transmit, distribute or upload programs or material that contain malicious code, including, but not limited to, viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information;

(b) send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called "spamming" or "phishing";

(c) disrupt, impair, alter or otherwise interfere with the functions, features, BetterHalfMix.com Content or User Content or use of this Site;

(d) violate any laws, regulations, judicial or governmental order, any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other firths of ours or of any third party;

(e) gain unauthorized access to this Site;

(f) sell, market or promote any product or service on or through this Site, including, without limitation, copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by us or other users for the purpose of selling, engaging in, marketing or promoting any product or service; and/or

(g) improperly display any TCP/IP packet header or part of the header information in any email or other postings.

4.3 Even though all of the above materials and activities are strictly prohibited, there is a small chance that you may become exposed to them while using the Site. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure.

5. Copyright Infringement Notification and Procedure

5.1 If you believe that this Site contains text, images, or other elements that infringe your copyrights in your work, please follow these procedures.

5.2 All notifications of claimed copyright infringement related to this Site should be sent only to our Designated Agent identified below. Note that the Designated Agent may change from time to time, so you should check this Term of Use before sending any notification to us. Written notification must be submitted by email, fax or mail to the following Designated Agent:

(a) Name of Agent Designated to Receive Notification of Claimed Infringement:

Chad Blakeney

(b) Full Address of Designated Agent to Which Notification Should be Sent:

4315 Gentle Grove Drive
San Antonio, Texas 78251

(c) Telephone Number of Designated Agent:

(210) 289-6485

(d) Facsimile Number of Designated Agent:

(210) 256-1919

(e) Email Address of Designated Agent:

info@betterhalfmix.com

5.3 In order to comply with Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

(a) An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s);

(b) Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed;

(c) A description of the material that you or the copyright owner claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page as to this Website where it is lawfully posted;

(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;

(e) Your name, address, telephone number, and e-mail address;

(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(g) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

6. Privacy Policies

All privacy related provisions as to this Site can be found by clicking [insert link], and are incorporated herein by reference.

7. Hyperlinks to Other Websites

You understand and agree that any hyperlinks to other websites that are suggested or identified in this Site or advertisements of other parties’ products or services are provided to you for convenience purposes only and that we do not make any representations or warranties regarding such websites, or the products or services offered through such websites. We do not endorse, verify or otherwise have any responsibility for any such websites, their business practices, or any goods or services associated with such websites. We reserve the right in our sole discretion and without notice to: (i) terminate any and all links to this Site from any third party site, (ii) terminate any and all links from this Site to any third party site and/or (iii) terminate any third party materials made available or accessible via this Site and remove any online posting thereof.

8. Disclaimer

8.1 WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE, OR THE USE OF ANY PRODUCTS PURCHASED THROUGH THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST BE OF LEGAL DRINKING AGE TO PURCHASE OR CONSUME ANY ALCOHOLIC BEVERAGES. WE ENCOURAGE RESPONSIBLE DRINKING. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S ACCESS OR USE OF THE SITE, ANY BETTERHALFMIX.COM CONTENT OR USER CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, OR YOUR USE OF ANY PRODUCTS PURCHASED THROUGH THIS SITE.

8.2 THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE BETTERHALFMIX.COM CONTENT, USER CONTENT, OR ANY OTHER MATERIAL APPEARING ON OR THROUGH THIS SITE.

8.3 Without limiting the foregoing, we are not responsible for any malicious code, delays, inaccuracies, errors, or omissions arising out of or resulting from your access and use of this Site. You (and not L&B Beverage, LLC) assume the entire cost of all necessary servicing, repair or correction.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, L&B BEVERAGE, LLC, AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS, SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR PURCHASE, CONSUMPTION OR USE OF ANY PRODUCTS SOLD THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).

10. Merchandise

10.1 Be aware that all cocktail mixes produced, offered and provided by us are only good for the period identified on each bottle, package or as indicated in an accompanying notice, and should not be consumed or otherwise used by anyone at or any time after the expiration date. Make sure before ingesting or serving any such cocktail mix that you carefully read the instructions and ingredients of the products. You are solely responsible for determining for whom such cocktail mix is appropriate for consumption.

10.2 Our sole liability and your exclusive remedy for cocktail mix ordered through this Site is for us to replace any such cocktail mix that you can reasonably demonstrate has been broken or damaged during transit. To seek replacement of such broken or damaged cocktail mix, you may contact us by sending an email with a subject matter indicating the number of cocktail mix bottles that have been broken or damaged during transit to info@betterhalfmix.com, and how we can contact you in order that we can respond to your request either by telephone or email. Orders of merchandise other than cocktail mix products through this Site are handled and fulfilled by a non-affiliated third party vendor (“Third Party Vendor”). The Third Party Vendor may have its own policies with respect to such merchandise, including any return policy. We take no responsibility whatsoever for such merchandise.

10.3 The purchase of any products through this Site is also subject to any other provisions stated in this Site or as indicated during the ordering process.

10.4 EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 10, ALL PRODUCTS SOLD THROUGH THIS SITE ARE SOLD “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, BY US OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY.

11. General

11.1 You agree to indemnify and hold us harmless from and against any and all claims, liabilities and damages (including, but not limited to, reasonable attorneys’ fees and legal costs) arising out of or relating to: (a) your use of the Site (including the Posting by you of any User Content on the Site) in violation of these Terms of Use, or (b) your breach of these Terms of Use.

11.2 These Terms of Use and your use of this Site are governed by the laws of the State of Texas without giving effect to any choice of law or conflict provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. Any and all disputes, claims or actions arising out of these Terms of Use or your use of this Site or any products sold through this Site will be exclusively heard in the state or federal courts located in Bexar County, Texas, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts.

11.3 You may not use or export or re-export the BetterHalfMix.com Content or User Content at or on this Site or any copy or adaptation thereof in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.

11.4 If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

11.5 No failure or delay by a party in exercising any right, power or privilege under these Terms of Use shall operate as a waiver thereof.

11.6 These Terms of Use, and all other provisions stated in or through this Site, including the privacy provisions, state the entire agreement between the parties relating to use of this Site, and the products sold through this Site. These Terms of Use and any other provisions stated in or through this Site may be amended at any time by us without notice.

11.7 The expiration or termination of these Terms of Use shall not affect those provisions, and the rights and obligations therein, set forth in these Terms of Use which either: by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of these Terms of Use, or must survive to give effect to the provisions of these Terms of Use.

11.8 There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other user of the Site.

11.9 YOU AND L&B BEVERAGE, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST BE BROUGHT FORTH WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated
These Terms of Use were last updated in January 2010.