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Terms of Service

TERMS AND CONDITIONS OF USE

 

Bevz, Inc. having its business under the brand “Bevz” (“Bevz”), Terms and Conditions of Use covers the Bevz web sites www.bevz.com and the other related web sites operated under the www.bevz.com domain (collectively, the “Site”).

 

The Site provides you and/or, in the case that you represent a company or other entity, that company or other entity (“you”, “your”, “yourself”) with access to Bevz’s services and service providers (the “Services”, “Software”, “Saas”). These Terms of Use (this “Agreement”) and the Bevz Privacy Policy found at (https://www.bevz.com/privacy-policy) govern your use of the Site.

 

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU ARE ACCESSING THE SITE AND SERVICES ON BEHALF OF A COMPANY THAT YOU REPRESENT (“YOUR COMPANY”), THEN YOU AGREE TO BIND BOTH YOURSELF AS AN INDIVIDUAL, AND YOUR COMPANY, TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM.

 

By accessing the Site or otherwise using the Services, you acknowledge that you have read and agree to be bound by this Agreement. If you do not agree with any of the terms of this Agreement, you do not have permission to access the Site or use the Services.

 

In addition, you may also be asked to enter into additional agreements before being permitted to access certain of the Services. Those additional agreements are made a part of this Agreement and will govern your use of the Services covered by the additional agreements. In the event of a conflict between the terms of this Agreement and those additional agreements, the terms of the additional agreements shall govern.

Bevz reserves the right, in its sole discretion, to modify this Agreement at any time by posting a modified version of this Agreement to the Site. You agree to be bound by the modified Agreement through your continued access to the Site or use of the Services.

 

1. Registration: In order to access any Services, you will be asked to submit certain information about yourself (“Registration Information”). You represent and warrant that all Registration Information you have provided is true, accurate, current and complete.

 

2. Email Communication: You must provide your electronic mail (“email”) address and cell phone number when registering to access any Service. We may use your email address and cell phone number when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of Bevz. If you do not want to receive newsletters and updates, you may opt out of those Services (i) by emailing the address at the bottom of newsletters and updates with “UNSUBSCRIBE” in the subject line.

 

SMS Communication: By providing your mobile phone number during registration or updating your contact preferences, you agree that Bevz may send you text messages (SMS) regarding the management and administration of Services you have registered for. Occasionally, you may also receive SMS messages containing news, updates, or promotions we believe may be of interest to the members of Bevz. Standard text messaging rates may apply as provided by your carrier. Should you wish to opt-out of receiving SMS communications from Bevz, you may do so at any time by replying “STOP” to a message. 

 

3. Individual Features and Services: Certain features of the Services may have their own terms and conditions that you must agree to when you sign up for that particular product, function, or service (each an “Individual Service Agreement”). An Individual Service Agreement supplements these Terms and is hereby incorporated by reference. If any term of these Terms expressly conflicts with any term of an Individual Service Agreement, the conflicting term in the Individual Service Agreement will control. All other terms and conditions of each agreement will remain in full force and effect.

 

4. Use of the Site and the Services – Permissions and Restrictions: You may access and use the Site only for lawful purposes and solely in accordance with the terms of this Agreement. Bevz reserves the right to discontinue any aspect of the Site or Services at any time and without notice. All rights not expressly granted to you under this Agreement are reserved by Bevz and its licensors.

You will not:

  • license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Services;

  • modify or make derivative works based upon the Site or Services;

  • reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Services, or authorize any third party to do any of the foregoing;

  • access or make use of the Services and Site by scripts or automated services;

  • impersonate any person or use a name that you are not authorized to use; or

  • compromise violate or impair system or network security or operation.

 

Bevz may provide hardware also as a part of its service and you shall be responsible for maintaining the hardware. You hereby agree and represent that you shall use the hardware only for the purpose of using the service offered by Bevz, (i) You shall not use the hardware for any prohibited or unauthorized usage, (ii) you shall take good care of the hardware, (iii) You shall not modify or change the pre-installed softwares, UI, UX or others in the hardware and (iv) you in the event of termination shall return the hardware to Bevz in a workable good condition without any damage or fault in its working. You hereby further agree and authorize Bevz to collect the Hardware failure fee from you, in the case of any hardware failure due to any of the above mentioned reasons or your failure to return the hardware to Bevz within 21 days from the date of termination / cancellation of the Service. (“Hardware failure fee” for this clause shall mean a reasonable fee as mentioned in this Agreement or in any other agreement / addendum / mutual agreement by any other means executed or agreed between you and Bevz)

 

5. User Content: Some areas of the Site and associated entities of Bevz, allow Users to post or provide content such as comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Site is referred to as “User Content”). With the exception of Results (as defined below), we claim no ownership rights over User Content created by you; the User Content you create remains yours; however, by providing or sharing User Content through the Site, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Bevz has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Site.

 

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Bevz reserves the right, but is not obligated, to reject and/or remove any User Content that Bevz believes, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Site is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

 

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

  • You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

  • You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.

  • Your User Content and Bevz’s use thereof as contemplated by this Agreement and the Site will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

  • Bevz may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

  • To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

PROHIBITED ACTIVITIES: You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site and the service, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  2. Make any 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 creating user accounts by automated means or under false pretenses.

  3. Engage in unauthorized framing of or linking to the Site.

  4. Make improper use of our support services or submit false reports of abuse or misconduct.

  5. Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.

  6. Use any information obtained from the Site in order to harass, abuse, or harm another person.

  7. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  8. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  9. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  10. Delete the copyright or other proprietary rights notice from any Content.

  11. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  12. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  13. Use the Site in a manner inconsistent with any applicable laws or regulations.

Bevz takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Site. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Bevz shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

 

6. Fees and Payment: We accept the following forms of payment: Card, ACH or Wire transfer. You shall be required to purchase or pay a fee to access our services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We may on a mutually agreed basis change prices at any time. All payments shall be in U.S. dollars. 

 

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed.

 

Purchases through Bevz are processed on a pre-paid basis unless stipulated otherwise in any additional agreements or order forms, and all payments to Bevz are non-refundable. Subscriptions may be terminated at any given time through written notification or via a telephonic conversation with Bevz. The termination will become effective at the close of the current billing cycle. Upon cancellation, Bevz will issue a prepaid shipping label to facilitate the return of the provided hardware. The client is obligated to return the hardware within a 30-day period, herein referred to as the Hardware Return Period. Failure to return the hardware within the Hardware Return Period will incur a charge of $50 per month until the hardware is received by Bevz. Subscriptions, whether monthly, quarterly, or annually, will continue to renew automatically at the end of each subscription period, in alignment with the initial date of purchase. This will remain in effect until Bevz receives a formal written cancellation in accordance with this provision and other related provisions detailed in these terms and conditions.

 

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payments of all such taxes, levies, or duties.

Refund: All the services rendered by Bevz are non-refundable. Bevz does not refund any fees in that case if you stop using our services in between the term, we will not refund you the fees paid by you for the remaining term.

 

Important: No refunds or credits for partial months, quarters or years of service will be refunded to a customer upon cancellation.

 

If you are unsatisfied with our services, please email us at support@bevz.com or call us at (818) 235-1327

 

7. User Content License Grant: By posting or otherwise making available any User Content on or through the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant to Bevz a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and Bevz’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

 

8. Ownership of Intellectual Property: Bevz and its licensors own all rights, title and interest in and to the Site and Services, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto. “Intellectual Property Rights” means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. The Bevz name and logo are trademarks of Bevz, Inc., and no right or license is granted to you herein to use such trademarks.

 

9. Data Collection and Data Processing: Bevz will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by you as well as any non-personally identifiable data or information resulting from your use of the Services (“Results”). The Results include, but are not limited to pictures, UPCs, prices, barcodes, quantities, sizes, products listed on Site or within Services pertaining to your storefront, retailer location, product library, POS system, services or software. To the extent that any Results are collected by Bevz, such Results will be solely owned by Bevz (and you hereby assign any ownership rights in Results you may have to Bevz), and they may be used by Bevz for any lawful business purpose without a duty of accounting to you; provided, however, that Bevz shall use the Results in an aggregated form only, without specifically identifying the source of the Results.

 

Bevz during the course of providing its service shall process personal data only on Your behalf and at all times only in accordance with the provisions of applicable data privacy laws, rules and regulations. For the avoidance of doubt, Bevz shall be the Processor where You are the controller of the personal data and where You are the processor, Bevz shall be the sub-processor of personal data.

 

Bevz will process personal data in accordance with Your instructions. We agree that You may communicate any change in the initial instructions to Bevz by way of any official communication which shall be acknowledged and agreed by Bevz. Both the parties shall adhere and shall implement all necessary requirements under the applicable data protection laws.  Bevz shall not be held liable for your non-compliance of law.

 

10. Without limiting Bevz’s right to terminate these Terms and Conditions, Bevz may also suspend Your access to the Website or to the Service offered by Bevz or any Content or to the hardware provided to you, with or without notice to You, with or without any reason including actual, threatened, or suspected breach of these Terms and Conditions or applicable law or upon any other conduct deemed by Bevz, in its sole discretion, to be inappropriate or detrimental to the Website, Bevz, or to the services offered or any other User or third party.

 

If You provide Bevz any feedback or suggestions regarding the Website, Content and its services (“Feedback”), You hereby assign to Bevz all rights in the Feedback and agree that Bevz shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to You.  Bevz will treat any Feedback You provide to Bevz as non-confidential and non-proprietary.  You agree that You will not submit to Bevz any information or ideas that You consider to be confidential or proprietary.

 

11. DMCA Notice: Since we respect artist and content owner rights, it is Bevz’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, please notify Bevz’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

  • Identification of the copyrighted work that you claim has been infringed;

  • Identification of the material that is claimed to be infringing and where it is located on the Site;

  • Information reasonably sufficient to permit Bevz to contact you, such as your address, telephone number, and, e-mail address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

 

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice
Address: UrbanPiper Technology USA, Inc. Suite 206

651 N Broad St

Middletown Delaware 19709, U.S.A

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

 

Please note that this procedure is exclusively for notifying Bevz and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Bevz’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Bevz has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Bevz may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

12. Representations and Warranties: You represent, warrant and covenant for the benefit of Bevz that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of Your Company or other entity, to bind Your Company or other entity to the terms of this Agreement; (2) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the Services; (3) all information you provide to Bevz in connection with this Agreement and your access to the Site and use of the Services is correct and current.

13. Indemnification. You agree to indemnify, defend, and hold harmless Bevz and each of its respective employees, officer, directors, and affiliates (“Indemnified Parties”), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any Indemnified Party arising from: (a) your accessing the Site or use of the Services, including any materials disseminated or transmitted by you and/or your Registrants; (b) your breach of any term of this Agreement; or (c) your negligence or intentional misconduct hereunder. Bevz will provide you with notice of any such claim or allegation, and Bevz will have the right to participate in the defense of any such claim at its expense.

14. Disclaimer: THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. BEVZ DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET CUSTOMERS’ REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. ORDEMARK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY BEVZ WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE SERVICES.

15. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEVZ, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SITE. UNDER NO CIRCUMSTANCES WILL BEVZ BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEVZ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BEVZ, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BEVZ FOR THE LAST ONE MONTH IMMEDIATELY BEFORE THE RAISE OF SUCH CLAIM OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BEVZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

16. Privacy Policy: Bevz’s privacy policy, a copy of which is available at (https://www.bevz.com/privacy-policy) is incorporated in this Agreement by reference. By accepting this Agreement, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

17. Linked Sites: The Site may contain links to third party sites that are not under the control of Bevz, and Bevz is not responsible for any content on any linked site. If you access a third-party site from the Site, then you do so at your own risk. Bevz provides links only as a convenience and the inclusion of the link does not imply that Bevz endorses or accepts any responsibility for the content on those third-party sites. Bevz welcomes links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Bevz or any group or individual affiliated with Bevz. You may not use on your site any content or trademarks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.

18. Notices: All notices by you under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to Bevz’s address set forth on the Site, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. Bevz may deliver a notice to you by posting of a general notice on the Site, which will be effective 48 hours after posting to the Site.

19. Term, Termination: This Agreement shall be effective for as long as you use or access the Site or the Services. Bevz may terminate your access to the Site with or without cause, at any time and without notice to you. Neither Bevz nor any affiliate of Bevz shall be liable to you or to any third party for termination of your access for any reason. Sections 6-9, 11-15, and 19 shall survive termination or expiration of this Agreement. Except as otherwise stated in these Terms and Conditions, upon termination or expiration of these Terms and Conditions for any reason: (1) all rights and subscriptions granted to You under these Terms and Conditions will terminate; (2) You will immediately cease all use of and access to the Website and all Content, Services and the hardware (including, without limitation, all Content You obtained prior to termination) (3) You will return all the hardware which belongs to Bevz in a workable condition without any damage and fault in the working of the hardware within the time frame mentioned in this agreement. You shall agree and acknowledge that if there is any damage or defect in the hardware, You shall reimburse the value for such hardware and with or without prior information to you, the same shall be adjusted with the final settlement if any.

Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
a. Governing Law. You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be un-enforceable.

b. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Bevz. For any dispute with Bevz, you agree to first contact us at support@bevz.com and attempt to resolve the dispute with us informally. In the unlikely event that Bevz has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, the formation, interpretation, breach, alleged breach or termination (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The Venue of arbitration shall be in California, unless you and Bevz agree otherwise. If you are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Bevz from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

c. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BEVZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

General Provisions. This Agreement is the complete and exclusive statement of the Agreement between Bevz and you regarding the Site and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between Bevz and you. There are no other third-party beneficiaries under this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this Agreement or any of your rights or obligations under this Agreement without the prior written consent of Bevz. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.

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