Terms and Conditions

Welcome to BrewSouth’s website (referred to as “the site”, “BrewSouth.com”, us or we) operated by Multi-Level Media LLC a Florida corporation. BrewSouth provides its services and products to you subject to these Terms and Conditions of Sale (the “Terms and Conditions”), by which you agree to be bound. In addition, when you use any BrewSouth service, including placing an order for products through the Site, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, including, but not limited to, BrewSouth’s Privacy Policy and they are incorporated into this Agreement by this reference. BrewSouth reserves the right to change this Site and these terms and conditions at any time, in BrewSouth’s sole discretion. These Terms and Conditions constitute the complete and exclusive agreement between you and BrewSouth pertaining to the products identified in your order from the Site. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services.


Electronic Communications:

By clicking “I Agree” you (i) consent to the electronic communication and delivery of all documents related to these Terms and Conditions, (ii) agree that your act of clicking the “I Agree” button is a binding form of your electronic signature, which you agree binds you to the terms of these Terms and Conditions, (iii) represent that you have internet access and a valid e-mail address enabling you access this website and to receive communications and documents electronically, and (iv) represent that you have a printer or other device to print or save communications and documents, including without limitation these Terms and Conditions, and that you have printed or otherwise saved a copy of these Terms and Conditions for your records.


El
igibility:

The Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, or the age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services; (b) do not have more then one online account withdraw BrewSouth; and (c) have full power and authority to enter into this agreement and that, in doing so, you will notification violate any other agreement to which you are a party.


Registration and Account
:

When you purchase products from the Site, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. Additionally, you agree to accept responsibility for all purchases and activities that occur under your account.  In consideration of your use of the Services, you agree to provide accurate, current and complete account information; maintain and promptly update your account information; maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to BrewSouth; and promptly notify BrewSouth if you discover or otherwise suspect any security breaches related to the Services.  We may refuse any application to join the subscription service of BrewSouth or receive our services for any reason whatsoever.


Purchase of Products
:

A one-off or gift order is deemed to be submitted when you enter valid payment details into our website and confirm the order by pressing the relevant button on the web page. No order is accepted from you until our website displays an order confirmation message and you receive an email confirmation.  For recurring subscription orders, an order is deemed to be submitted if you have an active account on the date you are due to billed. We will display a charge date in advance of any future billings via email and also in your My Dashboard facility. You can make changes to any recurring subscription order up until the point at which you card is charged – these changes can be made through your Dashboard.  Your submission of an order amounts to an offer to enter a contract to buy the products from BrewSouth; you cannot then withdraw or cancel you order except as specifically stated in these Terms and Conditions.


P
ayments:

BrewSouth accepts Visa, MasterCard, Discover Card, and American Express for all orders as well as Paypal for all orders except Subscriptions. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize BrewSouth to charge your order (including shipping) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled automatically.  The safety of your personal information is extremely important to BrewSouth. We use a wide array of electronic and physical security measures and devices to protect your personal data and credit card information from unauthorized access.  BrewSouth does not store any Credit Card numbers or other sensitive data on our servers. Any “Stored Cards” or orders and customers utilizing BrewSouth.com’s online ordering or subscription service are securely billed through a PCI Compliant Credit Card gateway and processor.


Roasters
:

BrewSouth has no ownership in the any of the Roasters, including but not limited to products offered through BrewSouth.com. Furthermore, the Roasters provide all content and Information relating to their products and profile pages, and as such, this content shall be considered strictly as Third Party Content under the Terms and Conditions of this agreement.


Feedback
:

Separate and apart from User Content, customers can submit questions, comments, suggestions, ideas, original or creative materials or other information about BrewSouth, the Sites or the Products (collectively known as, “Feedback”). Feedback is non-confidential and shall become the sole property of BrewSouth. BrewSouth shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.


Rights in User Content
:

We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., BrewSouth’s Facebook page, Instagram page, Pinterest page, or Twitter feed), you hereby grant BrewSouth a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and you name, likeness, vice and persona in any manner or media and for any purpose whatsoever at sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

By uploading, posting or submitting User Content to BrewSouth though the Sites or though our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize BrewSouth to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.


R
eturns and Refunds:

If you are dissatisfied with your purchase for any reason, please contact us at custserv@brewsouth.com within twenty-one (21) days from the date you received your shipment. The product must be unused, factory sealed and in it's original packaging. We will either replace the coffee at our expense or depending on the circumstances, provide you with a full or partial store credit or refund of the purchase price less any applicable shipping charges. If the product has been opened or used and considered a 'flawed roast', you may return the unused coffee to us for roaster evaluation. If the roaster deems the returned coffee as flawed, we will replace the original item with the same item or offer a refund or store credit. This process can take up to 14 days from the date the returned coffee arrives in our warehouse to the time the evaluation is performed by the roaster. We may also require the return or photographic documentation of any coffee you are dissatisfied with before we provide a replacement, store credit or refund. If product is being returned, you will be provided with shipping instructions. Returns that do not comply with the terms detailed in this section or our Terms and Conditions will be ineligible for any credit or refund. Shipments that are returned for insufficient address or undeliverable will receive a product refund minus actual shipping cost, even if free shipping was provided. Shipments that are refused will receive a product refund minus a 30% restocking fee, minus actual shipping cost, even if free shipping was provided. Sample packs are not eligible for return, credit, replacement or refund.

All shipments are packed well and insured against damage.  If any Product you receive arrives damaged, please contact us immediately (within 48 hours of delivery) at custserv@brewsouth.com and, depending on the circumstances, you will receive a replacement product, partial or full refund of the portion of the purchase price applicable to the damaged Product. We may require the return or photographic documentation of any damaged Product before we provide you a replacement, credit or refund.


Shipping Terms
:

All coffees are freshly roasted for you at the time of your order. We ship all orders for in-stock items withing 48 to 72 hours. We ship via the USPS. You agree to pay any shipping charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping from time to time, but we will provide notice of the charges applicable to you before you make your purchase.


International Transactions
:

The following provisions apply to shipments to customers located outside of the United States of America. All customs fees, import duties, cargo insurance, taxes and other charges imposed on or relating to the purchase from BrewSouth shall be paid by you, the customer.  To confirm and validate orders, our processing department may request additional information that is required to process credit card orders outside of the United States.


No Resale
:

You are not permitted to resell or otherwise use the Products for commercial purposes.


Indemnification
:

You agree to defend, indemnify and hold harmless BrewSouth and our partners, independent contractors, service providers and consultants and our respective directors, officers, employees and agents (collectively, the “BrewSouth Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) any Feedback you provide; (d) your violation of these Terms; or (e) your violation of the rights of another.

Disclaimer:

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BREWSOUTH, THE SERVICES AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BREWSOUTH DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND CONTENT CONTAINED THEREIN. BREWSOUTH DOES NOT REPRESENT OR WARRANT THE CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

BREWSOUTH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY, WHILE BREWSOUTH ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, BREWSOUTH  CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR IT SERVER (S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

BrewSouth reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by BrewSouth. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.


Severability
:

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforce-ability of any remaining provisions.


Applicable Law - Arbitration
:

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BREWSOUTH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BREWSOUTH.

You and BrewSouth agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and BrewSouth are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and BrewSouth agree that you will notify each other in writing of any dispute withing thirty (30) days of when it arises. Notice to BrewSouth shall be sent to Multi-Level Media LLC, Attn: Legal, PO BOX 549, Fort Walton Beach, Florida, 32549-0549. You and BrewSouth further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Fort Walton Beach, Florida; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in Okaloosa County, Florida have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Florida and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BREWSOUTH WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING


Termination
:

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us to the fullest extent permitted by applicable law.

Promotion Codes:

Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present. Each promotion code or offer may be used only once per customer. If more that one customer is registered at the same delivery address our promotion code or offer may only be used by one customer registered at that address. BrewSouth reserves that right to withdraw or terminate any of its promotion codes or offers at any time. If this happens, then the promotion codes or offers may not be used for any orders placed after the date or withdrawal or termination. BrewSouth reserves the right to reject the use of a promotion code or offer where fraud is suspected. Any promotion code or offer provided on this site cannot be used in conjunction with the purchase of a gift card, or subscription order.