TERMS OF SERVICES

BEVZ

TERMS OF USE

Thank you for visiting the Bevz website and/or using the Bevz App.  Please read this Terms of Use Agreement carefully before accessing or using our Site or App (each a “Platform” and collectively the “Platform”).  We have tried to make it as clear as possible.  These Terms of Use (these “Terms”), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Platform.  These Terms constitute a legal agreement between you and Bevz.  In order to use the Platform, you must agree to these Terms.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM.

1. About Bevz

Bevz connects consumers to retailers to provide on-demand beverage delivery.  Bevz is not, itself, a retailer or liquor store.  Bevz is not liable or responsible for our retailer’s compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses.  In addition, Bevz does not guarantee the quality of what our Retailers sell and does not independently verify, and is not liable for, representations made by Retailers regarding their products on the Platform.

Drivers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of Bevz.  Drivers are required tp comply with all applicable federal, state, and local laws, rules and regulations.  Bevz shall not be liable or responsible for any delivery services provided by Drivers, or any errors or misrepresentations made by any of them.  You hereby acknowledge that Bevz does not supervise, direct, control, or monitor a Driver’s provision of services and expressly disclaims any responsibility or liability for the services performed.

Bevz is committed to ensuring that the products ordered by a consumer is delivered in a manner consistent with consumer’s expectation.  As provided in greater detail in these Terms, you agree and acknowledge these material terms:

• You may use the Platform only as set forth in these Terms;

• Your use of the Platform may be subject to separate third-party terms of service and fees, including without limitation your mobile network operator’s (“Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;

• You consent to the collection, sharing, and use of your personally identifiable information in accordance with Bevz’s Privacy Policy;

• The Platform is provided “as is” without warranties of any kind, and Bevz’s liability to you is limited; and

• Disputes arising under these Terms will be resolved by binding individual arbitration.

2.  Definitions

The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Platform” or the “Terms”) and all other operating rules, policies (including the Bevz Privacy Policy, available at https://www.bevz.com/privacy).

  1.  The “Platform” refers to the Bevz’s website located at www.bevz.com (the “Site”), and all content and products provided by us at or through the Site, and the Bevz mobile or tablet application provided by us and available for download through a link provided on our Site, Google play or Apple’s App Store (the “App”).
  2. “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Platform; that accesses or uses any part of the Platform; or that directs the use of the Platform in the performance of its functions.  You must be at least 21 years of age.
  3. “Bevz,” “We,” and “Us” refer to Bevz, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  4. “Content” refers to content featured or displayed through the Platform, including without limitation text, data, articles, images, photographs, graphics, software, designs, features, and other materials that are available on the Platform.
  5. “User” refers to You, the consumer.
  6. “Retailer” includes retailers or merchants whose products are made available for purchase through the App and use the Platform as a platform for receiving and accepting orders.
  7. “Driver” is the party that will be transporting the products from the Retailer to the customers.

3. Registration and Account

To access some features of the Platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times.

You are the sole authorized User of any account you create through the Platform.  You are solely and fully responsible for all activities that occur under your password or account.  You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account by minors.  You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity.  Should you suspect that any unauthorized party may be using your password or account, you will notify Bevz immediately.  If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Bevz has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Bevz has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).  You agree not to create an account or use the Platform if you have been previously removed by the Bevz, or if you have been previously banned from use of the Platform.

4.  Payment Terms

(a) Prices.  You understand that: (a) the prices for menu items displayed through the Platform may differ from the prices offered or published by Retailers for the same menu items and/or from prices available at other third-party websites and that such prices may not be the lowest prices at which the menu items are sold; (b) Bevz has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) Bevz reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Platform provided under this Agreement (other than taxes based on Bevz’s income).  Payment will be processed by the Bevz, using the preferred payment method designated in your account.  Bevz has no obligation to itemize its costs, profits or margins when publishing prices on the Platform and reserves the right to change such prices at any time, at its discretion.  You are liable for all transaction taxes on the Platform provided under these Terms (other than taxes based on Bevz’s income).

(b) No Refunds or Returns.  Charges paid by you for accepted orders are final and non-refundable. Bevz has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion.  You can find our Return Policy here.

(c) Authorization.  You authorize Bevz to charge all sums for orders that you make to the payment method designated in your account.  When you place an order order through Bevz, a temporary pre-authorization hold is placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase.  The amount of this pre-authorization hold may be greater or less than the order total quoted at checkout.  However, your payment will be captured up to 24 hours after your order is completed or cancelled.  In the event that the pre-authorization is greater than the final amount, the difference will be released after your order is completed or cancelled; depending on your bank, it may take up to 5 business days to receive access to these released funds.  Bevz also places an initial temporary pre-authorization hold on each new payment method you add to your account.  Bevz reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.

(d) Missed delivery.  Bevz reserves the right to charge you the full order amount, including any Bevz fees, if you are not at the designated delivery location when the Courier arrives to complete the delivery or if you fail to pick up an order from a Merchant.

(e) Cancellations.  If you cancel your order, you may be charged depending on what stage the order was in when you cancelled.

5.  Your Use

You agree to protect the Platform, and its proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Platform or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Bevz.

You further agree that:

    1. You will not use the Platform if you are not fully able and legally competent to agree to these Terms;
    2. You will only use the Platform for lawful purposes and you will not use the Platform for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct or to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
    3. You will not use the Platform to advertise, solicit or transmit commercial advertisements, including “spam”;
    4. You will not use the Platform to cause nuisance, annoyance or inconvenience;
    5. You will not copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Platform, any updates, or any part of the Platform or content therein without written permission from Bevz;
    6. You will only use the Platform for your own use, not for commercial use, and will not distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Platform in any unauthorized manner, including but not limited to by trespass or burdening network capacity, or use the Platform in any service bureau arrangement;
    7. You will not attempt to obtain any information or content from the Platform using any robot, spider, scraper or other automated means for any purpose;
    8. You will keep secure and confidential your account password or any identification we provide you which allows access to the Platform;
    9. You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Platform;
    10. You and any recipient of your orders will provide whatever proof of identity and age reasonably requested by the Licensed Retailer, its employee or agent, or the shipping or delivery company used by the Licensed Retailer or that shipping or delivery company’s employee or agent; and
    11. You will not permit any third party to engage in any of the acts described in clauses (i) through (xi).

6. Transactions Involving Alcohol or Tobacco

You have the option to request delivery of alcohol or tobacco products from Retailers.  If you request or receive your delivery in the United States, you agree that you will only order alcohol products if you are 21 years of age or older.  You also agree that, upon delivery of age restricted products, you will provide valid government-issued identification proving your age to the Driver delivering the products and that the recipient will not be intoxicated when receiving delivery of such products.  If you order age restricted products, you understand and acknowledge that neither Bevz nor the Driver can accept your order, and the order will only be delivered if the Retailer accepts your order.  The Driver reserves the right to refuse delivery if you are not of legal age to purchase the products, if you cannot provide a valid government issued ID, if the name on your ID does not match the name on your order, or you are visibly intoxicated.  If the Driver is unable to complete the delivery of these products for one or more of these reasons, you may be subject to additional fees.

7.  User Content

(a) User Content. Bevz may provide you with interactive opportunities through the Platform, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit (“Make Available”) through the Platform. You hereby grant Bevz a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with Bevz’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant Bevz a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you.  You agree not to use the Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Bevz is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Platform.

(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to Bevz through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Bevz has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Bevz a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

(c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of Retailers or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Bevz and do not represent the views of Bevz or its affiliates. Bevz does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Platform, you agree that: (i) you will base any Rating or Review on first-hand experience with the Retailer or business; (ii) you will not provide a Rating or Review for any Retailer or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Retailer or business and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.

8. Intellectual Property Notice

Bevz hereby grants to you, subject to these Terms, a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Platform (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a mobile or other device that you own or control.  These Terms do not permit you to install or use the App on a mobile or other device that you do not own or control and you may not distribute or make all or any portion of the Platform available over a network where it could be used by multiple devices at the same time.

Bevz, our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Platform.  You should assume that everything you see or read on the Platform is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Bevz.  We reserve all rights that are not expressly granted to you under this Agreement or by law.

The looks and feel of the Site and App are our copyright.  You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Bevz.

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Platform are proprietary to Bevz or such Marks’ respective owners.  You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any Content.  The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

All rights not expressly granted herein are reserved by Bevz.

9. Communications with Bevz

We use email, instant messaging and other electronic means to stay in touch with our users. Additionally, we may contact you via telephone or the postal Platform. For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted, instant messaging through the Platform, text messaging, or via the Site or

App; (2) consent to be contacted by phone or physical mail; and (3) agree that all of the Terms of Use, agreements, notices, policies, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.  This section does not affect your non-waivable rights.

10. Termination and Suspension

Bevz has the right to suspend or terminate your account or access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately.  Bevz reserves the right to refuse Platform to anyone for any reason at any time.

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Dispute Resolution and Arbitration

(a) This is a Class Action Waiver.  In the interest of resolving disputes between you and Bevz in the most expedient and cost effective manner, you and Bevz agree that every dispute arising in connection with these Terms will be resolved by binding individual arbitration.  Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, and can be subject to very limited review by courts.  While the parties will be permitted to engage in discovery or exchange of non-privileged information relevant to the dispute, arbitration may allow for more limited discovery allowed for in court.  Arbitrators can award the same damages and relief that a court can award.  Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Platform, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

YOU AND BEVZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Unless both you and Bevz agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.  The court may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Any arbitration between you and Bevz shall be conducted by a single arbitrator, governed by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), as modified by these Terms, and administered by JAMS. The JAMS Rules and fee information are available at www.jamsadr.org or by calling JAMS at 1-800-352-5267. The arbitrator is bound by these arbitration terms.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrabilty of this Section 11.

(b) Notice.  A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”).

Bevz’s address for Notice is:

Bevz Inc.

Attn: Legal

ADDRESS

ADDRESS

The Notice must: (1) Describe the nature and basis of the claim or dispute; and (2) Set forth the specific relief sought (“Demand”).  We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Bevz may commence an arbitration proceeding.

(c) Opt Out.  You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by submitting a request here.  The notice must be sent within thirty (30) days of your creating an account with Bevz or the effective date of the first set of Terms containing a Dispute Resolution and Arbitration section, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs.  If you opt out of these arbitration provisions, Bevz also will not be bound by them.

12. Disclaimer of Warranties

The Platform are provided “as is” and “as available,” without warranty of any kind.  We do not warrant that the Platform will meet your requirements; that the Platform will be uninterrupted, timely, secure, or error-free; that the information provided through the Platform are accurate, reliable or correct; that any defects or errors will be corrected; that the Platform will be available at any particular time or location; or that the Platform is free of viruses or other harmful components.  You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Platform.

We make no promises or guarantees about the Platform.  Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Platform including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Bevz relies upon retailers to provide accurate information.  We do not represent of warrant that such information is accurate, complete, reliable, current, or error free.  We do not warrant, endorse, guarantee, or assume responsibility for any product advertised or offered by a retailer or other third-party through the Platform, and Bevz will not be a party to or in any way monitor any transaction between you and third-party providers of products.

13. Limitation of Liability

IN NO EVENT SHALL BEVZ’S AGGREGATE LIABILITY EXCEED THE BEVZ FEES ACTUALLY PAID BY YOU TO BEVZ IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS LESS.  IN NO EVENT SHALL BEVZ AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF BEVZ AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

We will not be liable for damages or losses arising from your use or inability to use the Platform or otherwise arising under this Agreement.  You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose.  We will have no liability for any failure or delay due to matters beyond our reasonable control.

14. Indemnity

You agree to indemnify, defend, and hold harmless Bevz, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform, your violation of these Terms of Use, or your infringement, of any intellectual property or other right of any person or entity.  Bevz will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

15. Third-Party Interactions

(a) We may link to or be linked from other websites and the Platform may contain third-party advertisements (collectively “Third Party Websites & Advertisements”) that are not maintained by, or related to, Bevz.  We do not endorse, and is not responsible for, the content of any of those Third-Party Websites & Advertisements.  You acknowledge Bevz has not reviewed and does not endorse the content of all sites linked to from the Site or App and is not responsible for the content or actions of any other sites linked to, or advertisements contained on the Site or App.  We do not promise that the contents of any Third-Party Websites & Advertisements are accurate, compliant with local, state or federal law, including any intellectual property laws.  Your use of any linked site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

(b) Social Networks. The Platform includes features that operate in conjunction with certain third-party social networking websites, such as Facebook, Instagram, Twitter, etc. (“Social Network Features”). While your use of the Social Network Features is governed by this Agreement, your access and use of third-party social networking websites and the Platform provided through these websites is governed by the terms of Platform and other agreements posted on these websites. You understand and acknowledge that the Platform are not endorsed or certified by any of the aforementioned social networking websites. In addition, you agree that any content posted through the Social Network Features complies with the respective social network’s terms of use.

16. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  We will notify our Users of material changes to this Agreement.  We want you to be informed of important changes to our terms, but some changes are not that important — we don’t want to bother you every time we fix a typo.  So, while we may modify this agreement at any time, we will notify Users of any changes that affect your rights.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, App, or any part of the Platform with or without notice.

17. What if I live outside of the United States

Bevz is hosted and operated entirely in the United States and is subject to United States law.  Please do not provide us with any information if you live outside of the United States.  We do not operate outside of the 48-contiguois states.  If you are from a jurisdiction outside of the United States, please notify us so that we may take necessary action.  This may include terminating your access and deleting your information.  We are committed to resolving those issues, so if you have any questions about how we collect or use your information you may email us support@bevz.com.

18. Miscellaneous

Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Bevz and any access to or use of the Platform are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.  You and Bevz agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Los Angeles, California.

Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions.  These section titles and brief summaries are not legally binding.

Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent.  The remaining portions will remain in full force and effect.  Any failure on the part of Bevz to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

19. Contact Us

If you have any questions or comments relating to the Bevz Site, App or this Terms of Use, you can submit a question on our Site or send an email to at support@bevz.com.

Last updated: July 11, 2019.

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