Terms & Conditions
Updated November 2017.
This website is owned and operated by Bevv Inc doing business as Bevv.co and related entities (collectively, "Bevv").
THESE TERMS AND CONDITIONS, AS MAY BE MODIFIED FROM TIME TO TIME. PLEASE READ ALL TERMS CAREFULLY BEFORE USING THIS WEBSITE, PURCHASING PRODUCTS OR SERVICES ON BEVV, OR SELLING PRODUCTS VIA THE BEVV MARKETPLACE. Your use of this website or purchase of any product or service on Bevv constitutes acceptance of these Terms by you ("User" or "Customer"). IT IS ADVISED THAT YOU READ THESE TERMS PRIOR TO EVERY USE.
Free registration on this website provides the ability to store frequently used information such as beverage queries and personal information used to speed check-out, as well as access to Bevv software, prices and premium third-party content licensed by Bevv.
Upon registration, User must provide a working email address and a password. The user, or user's authorized representative, must ensure that these remain confidential at all times and agrees that User is solely and entirely responsible for all activities which occur under User email address and password. The user must notify Bevv immediately if User becomes aware of any unauthorized use of User email address and password. Each User email address and password must be used by a single user and/or User's authorized representative(s) and is not transferable. Bevv may suspend or terminate access to an account if it suspects unauthorized or improper use.
As a condition of use of this website, User expressly agrees not to use the website, the Bevv software, or other Internet services provided by Bevv for any purpose that is unlawful or prohibited by these Terms. User agrees to abide by all applicable local, state, national, and international laws and regulations. User agrees that User is solely responsible for all acts or omissions that occur under User's account including the content of transmissions through Bevv's service.
Without Bevv's prior written consent User may not reproduce, distribute, modify, create or display derivative works based on, repost or otherwise use the content of this website. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property rights.
User agrees not to:
- attempt to access this website or any of its content if User is under the legal drinking age of the jurisdiction from which User accesses this website;
- upload, post or otherwise transmit through or to this website any content that:
- is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
- might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
- contains any computer viruses or any other harmful programs or elements;
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this website, its computer systems, servers or networks;
- provide false information about User to Bevv, impersonate any other person, or otherwise attempt to mislead others about User's identity or the origin of any content, message or other communication;
- transmit junk mail, chain letters, or other unsolicited bulk email or duplicative messages;
- collect information about other visitors to Bevv website(s) without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;
- sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Bevv;
- redistribute any content, including reviews, provided by Bevv in any manner whatsoever including by means of printed publication, fax broadcast, mobile devices, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method;
Bevv reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate governmental request.
"Upload" means to post, enter, or otherwise provide to this website or the Bevv software. "Contribution" means any tasting notes, comments, photos, data, or other information or materials that a user Uploads and is either displayed solely to the User or publicly. "User owned Contribution" means a Contribution that User, rather than a third party, owns.
By Uploading any Contribution, User represents and warrants that User has the right to Upload that Contribution. The user will not Upload any Contribution that User does not have the right to Upload.
Bevv will provide a means by which User may designate that a Contribution is not a User-owned Contribution. The user will make all such designations appropriately and accurately; absent such designation, Bevv may rely upon User's warranty that the Contribution is a User-owned Contribution.
User hereby grants Bevv an irrevocable, perpetual, worldwide, fully-paid, non-exclusive license to create derivative works of each User-owned Contribution and to use, reproduce, modify, adapt, publish, perform and display the User-owned Contribution and its derivative works, so long as User is not identified as the source thereof; provided, however, that if User authorizes Bevv to identify User as the source, then User will be so identified. User represents and warrants that User has the right to grant the foregoing license.
User acknowledges that Bevv has no obligation to screen, and does not screen, Contributions when they are Uploaded. Bevv will not maintain or utilize Contributions after they have been deleted by the User. Exceptions to this are product label photo contributions that have been verified by our data team and made available to all Users.
Bevv has not reviewed all of the sites that are linked to this website and is not responsible for the content of any off-site pages or any other sites linked to this website. User's linking to any other off-site pages or other sites is strictly at User's own risk.
Bevv's Right to Terminate
Bevv reserves the right to terminate access to Bevv services and websites at any time. In such event: 1) User is no longer authorized to access Bevv; 2) User will continue to be subject to and bound by all restrictions imposed on User by these Terms; and 3) All licenses granted by User and all disclaimers by Bevv and limitations of Bevv's liability set out in these Terms or elsewhere on Bevv's websites or documentation will survive.
Termination by User
If User is dissatisfied with any portion of the service, or with any of these Terms, User's sole and exclusive remedy is to discontinue using the website. This Agreement is effective until terminated by either party.
Marketplace: Basics and Definitions
Legal age requirement:
Products may be purchased/sold by and delivered to only persons who are at least 21 years old in the U.S or such other minimum age as is required in non-U.S. jurisdictions ("Legal Age"). Customer represents that: (1) Customer is at least of Legal Age; and (2) the person to whom any product will be delivered is also of Legal Age. At the time of delivery, any domestic U.S. shipment arranged by Bevv containing an alcohol beverage product will require the signature of an adult possessing identification proving he or she is at least 21 years old. Further U.S. law requires that no delivery shall be made to a visibly intoxicated person.
By agreeing to the Terms and Conditions you attest to being 21 years of age or older and understand you risk prosecution otherwise.
Any product may be offered for sale via the Marketplace provided it meets the following criteria:
- Physically located within the United States
- Registered for commercial sale within the U.S.
- Sold by the licensed manufacturer of the product
Any User may mark Eligible Product for sale (collectively, the "Inventory" of the items to be sold) in the Marketplace via User's Bevv account (or the account of an approved Marketplace partner) with a firm commitment to sell such Eligible Product. Such user may unilaterally modify its current Inventory through additions or deletions at any time prior to a sale. Such User shall hereafter be referred to as a "Seller". The seller must legally be able to sell the Eligible Product and will not mark items for sale that it did not manufacture, does not own and physically possess (no futures or pre-arrivals). In particular, Seller represents and warrants that Seller has the right, title, and authority to sell the Eligible Product; and that each Eligible Product is free and clear of all liens, claims, and encumbrances of any type or kind at the time Eligible Product is sold and at all times until title has transferred thereafter. Eligible Products that appear online shall be offered for sale online and shall continue to be offered for sale until such date as Seller accepts an order and updates its inventory unmarked them for sale. Any Seller must have the ability to form a legally binding contract under applicable law. By accepting an order, Seller confirms it is entering a binding legal contract to complete the sale subject to other terms and conditions herein.
The identity of Marketplace participants:
Bevv shall not reveal the identity of either Buyers or Sellers to any User not employed or acting as a contractor, consultant, or affiliate of Bevv.
Bevv's role as Marketplace manager:
Bevv, in its role as the manager of the Marketplace, shall act as a central point of customer service and monitor both Sellers' and Buyers’ failure to perform obligations, complete purchases, as well as complaints about the product. Bevv shall track all such problems in a centralized Marketplace management system. REPEATED FAILURES TO PERFORM BY A BUYER OR SELLER MAY ULTIMATELY LEAD TO SUSPENSION OF MARKETPLACE PRIVILEGES IN BEVV'S SOLE DISCRETION.
Bevv's role as a Marketplace participant:
- All employee or contractor accounts intended to be used for buying and selling activity in the Marketplace must be registered with Bevv's Compliance Dept. in advance of any transactions.
- All buying and selling transactions are reported for review by the Bevv Compliance Department.
- Violations of Company policies and procedures subject the employee or contractor to immediate termination.
Placing an Order:
To place an order, Buyer must provide a valid Online payment account or credit card account. By placing an order:
- Buyer agrees to such pre-authorization process.
- Buyer confirms it is entering a binding legal contract to complete a purchase upon acceptance of the Order by any Seller subject to other terms and conditions herein.
- Buyer authorizes Bevv to charge Buyer's credit card immediately on order acceptance by any Seller for the product of the order price. No buyer's premium is added. If Multiple Purchases is specified as the order fulfillment method, this may result in multiple charges to Buyer's credit card to fulfill a single order.
- Buyer acknowledges that should the payment method provided fail to authorize the full amount of the transaction, then such order will be immediately canceled and no transaction completed unless the Seller agrees to a delay of up to one business day to enable Bevv to secure payment. In no event shall Bevv be liable for the failure of a Buyer's payment method to authorize a transaction. In addition, FAILED TRANSACTIONS WILL ALSO BE RECORDED IN BEVV'S MARKETPLACE MANAGEMENT SYSTEM AND MAY ULTIMATELY LEAD TO SUSPENSION OF BUYER'S MARKETPLACE ORDERING PRIVILEGES.
Bevv shall notify Buyer by email immediately upon a successful payment authorization confirming the details of the order and the expected timeframe to fulfillment (see the transfer of title to Winning Buyer). Bevv shall also notify Buyer by email if a payment fails with the details of the declined charge and the order to which it applied.
Marketplace product condition:
Bevv does not warrant any product’s suitability for consumption. However, Bevv encourages Buyers with complaints about the condition of a product, or if they believe the item to have been misrepresented, to contact Bevv Customer Service immediately to explain the circumstances and to provide the barcode label information needed to trace faulty sources. See Bevv's role as Marketplace manager.
Risk of purchase rescission:
Should a transaction need to be partially or fully reversed because of a canceled transaction by Seller, Buyer's payment method will be credited for the reversed portion of the purchase. An email notification of the purchase rescission will be sent to the Buyer documenting the details.
Bevv shall be entitled to deduct and retain from the proceeds of any sale of products a Seller's Processing Fee, which shall be calculated as a percentage of the final gross purchase price. The Seller's Processing Fee shall be 20%.
Seller promises and agrees to be fully responsible for, to pay and/or reimburse, and to bear any and all expenses that relate to ensuring the products are transferred and received by a Buyer. If a common carrier is being used to ship product, Bevv's chosen carrier and shipping account must be used and Bevv will provide Seller with shipping instructions that it requires with respect to any shipment. The shipping charge will be billed to Seller's credit card upon shipment which is hereby agreed to by Seller.
Other expenses may include but are not limited to, packing materials, labor (if packing services are requested on local pick-ups) and storage fees. If Bevv incurs any such costs on behalf of Seller, the relevant costs may be deducted by Bevv from proceeds of any sale of products payable to Seller. Seller shall incur no additional expenses or expenses for listing products for sale and all advertising-related expenses shall be borne solely by Bevv.
Order acceptance by Seller:
To accept an order, Seller must meet several requirements:
- The Seller of the products must be able to satisfy the order’s parameters.
- Seller shall agree to meet specific obligations regarding confirming the condition, quantity, and identity of the products being sold.
- Seller must accept full responsibility for compliance with all local, state, and federal laws as it relates to the sale and shipping of the product being sold.
Seller obligations after Bid acceptance:
Seller shall be required to convey and ship product to Bevv within a limited time period (approximately two weeks). Seller agrees to obtain appropriate product shipper packaging to protect product during shipment and to follow Bevv's shipping procedures. Conveyance of products to Bevv or any of Bevv’s shipping partners by Seller is not a transfer of ownership of title and does not constitute the sale of goods. Bevv and its shipping partners are acting solely as a bailey of the products subject to the terms and conditions set forth herein.
Liabilities for loss while products are in common carrier custody:
During the period from receipt of products from a common carrier and prior to transfer of title to Buyer, Bevv shall bear responsibility for ensuring the products against loss by theft, fire, or other means. All terms and conditions of common carrier shall apply.
Bevv uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.
Canceled transactions by Seller:
After order acceptance, a transaction may be partially or fully canceled in several ways:
- Failure to ship/transfer the sold products by the latest deadline provided by Bevv.
- Voluntary cancellation by Seller before completion of the sale (for any reason).
If a transaction is canceled for any reason the Seller's account will be banned and trigger a review process to determine if the Seller should be permitted to continue listing. An email notification will be sent documenting each partially or fully canceled transaction. ANY PARTIALLY OR FULLY CANCELLED TRANSACTION WILL ALSO BE RECORDED IN BEVV'S MARKETPLACE MANAGEMENT SYSTEM AND MAY ULTIMATELY LEAD TO SUSPENSION OF SELLER'S MARKETPLACE SELLING PRIVILEGES.
Liability for Returns
See vendor-specific return policies.
Bevv.co is a marketplace of independent shops and vendors. Vendor return policies, refunds, and exchanges should be displayed on the vendors’ pages. If you are unable to resolve an issue with the vendor directly please contact us at email@example.com. Please remember to take pictures and send them along with the description of the situation to us and we will do our best to assist in resolving the issue.
Legal Age Requirement
Alcoholic beverages may be purchased and delivered, subject to jurisdictional limitations, only to a person who is at least 21 years old in the U.S ("Legal Age"). Customer represents that: (1) Customer is at least of Legal Age; and (2) the person to whom any alcoholic beverages will be delivered is also of Legal Age. At the time of delivery, any domestic U.S. shipment arranged by Bevv containing an alcoholic beverage product will require the signature of an adult possessing identification proving he or she is at least 21 years old. Further U.S. law requires that no delivery shall be made to a visibly intoxicated person.
Confirmation of Product Purchases
For products currently available for purchase, Customer may order online through the Bevv Marketplace. However, no order shall be considered confirmed until Customer has fully paid and received an email or other written confirmation.
When Title (Ownership) Passes From Seller to Customer
Title (ownership) of products is transferred from Buyer to Customer in the state in which Seller is located when the product has been delivered.
Valid reasons for return:
- Wrong product was sent
- Product is leaking upon arrival, spoiled or "cooked" (only if it was shipped in accordance with Bevv Safe Shipping; we do not guarantee condition if you choose to use standard shipping)
- Shipper errors - we'll file a claim against the shipper.
Invalid reasons for return:
- You decide you don't want the product after the title has transferred to you (see When title (ownership) passes from Seller to Customer).
- The product is showing signs of damage after leaving Seller for reasons including without limitation adverse weather conditions during shipment (where you have not used Bevv Safe Shipping), delays caused by failed delivery attempts through no fault of the shipper, improper storage, or other forms of mistreatment.
- You don't like the product.
- You received a gift from someone via Bevv and want to exchange it.
SaaS (Software as a Service)
During Bevv's beta period (to be determined internally), all vendors will be provided full access to all features of the Vendor Panel in the Vendor Dashboard. Bevv reserves the right to add and revoke features at any point. For questions around Free and Premium versions of the Vendor Panel after the beta period, contact us at Sales@bevv.co.
Sales Tax Policy
It shall be Seller’s responsibility to charge sales tax on applicable products purchased with either a declared ultimate intention or actual action, to ship, deliver or otherwise transfer to a Customer within the state in which Seller is located or as local laws require. Sales tax shall be charged at the time of purchase. As sales tax rates change periodically, Seller may be required to charge additional sales tax if the tax rate for Purchases has changed between the Purchase date and the fulfillment date. Delivery address (or the intended ultimate shipping zip code if not being shipped immediately) shall determine the tax rate charged to a Purchase. Regardless of the mechanism, goods delivered to an address within a county where Seller conducts business (including delivery service) shall be taxed at the rate in effect for that county (and in some cases, cities within a county) along with the base state sales tax rate. Goods delivered by common carrier to an address within a county where Seller does not conduct business shall be taxed at the State Base Tax Rate, currently. Unless Seller begins operating in another state or is required by terms of any state permit prior to shipment, orders shipped to states where Seller does not conduct business shall not be charged sales tax.
Seller will not charge sales tax on goods Purchased and stored at a Seller facility that is specified for delivery to an out-of-state address (including when delivered to or picked up by a local third party shipping company) and intended for use and consumption solely outside the state of Seller. Customer agrees that Bevv cannot refund sales taxes paid on goods originally intended for delivery within one state but subsequently changed to an another non-taxable state address.
We have integrated sales taxes only. Please be advised that local taxes may apply that aren't included in our sales tax numbers. For reference, we used the Tax Foundation tax rates as of 2017 - https://taxfoundation.org/state-and-local-sales-tax-rates-in-2017/
Price Changes and Availability
All prices associated with product offers to Customer, whether through the website, email, or other means, are subject to change without notice. Availability of product is subject to Seller inventory. Bevv is not responsible for typographical errors or technology malfunctions and reserves the right to correct any errors in pricing without penalty to Bevv or Customer. Bevv also reserves the right to set minimum and maximum purchase quantities and to rescind order which violates such rules without penalty.
Occasionally, computer system issues, human errors, process faults, or other causes result in unintentional offers appearing on our website. Bevv reserves the right to correct such unintentional offers and to rescind any orders which may have been placed that are associated with them by refunding the Customer's money. Unintentional offers include, without limitation, offers of product for sale that Sellers do not have in stock offers at incorrect prices and misestimates of pre-arrival dates.
Contact us to discuss wholesale options. We have partnered with transport logistics party that may assist in moving product.
Disclaimers/Limitation of Liability
Customer purchase and use of any product from Seller is at Customer's risk. To the extent fully permitted by law, neither Bevv nor any other party involved in creating, producing, or delivering products is liable for any direct, indirect, incidental, consequential or punitive damages arising out of Customer access to, or use of, products or goods purchased through use of Bevv's service. Unless expressly granted by these Terms, all goods are sold "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Shipping, Pickup, and Delivery
Interstate Shipping and Alternatives
Due to direct shipping laws and regulations, Bevv may be unable to permit the sale or shipment of products by Customers to certain states or to prohibited "dry" regions within certain states. The regulations and court decisions affecting the interstate shipment of alcoholic beverages are in constant flux and can change at any time.
Therefore, Bevv may change the states and regions to which it is able to permit transactions at any time and without notice to Customers.
Customer may specify an ultimate destination zip code in any state. The Customer is solely responsible for importation of their product into the jurisdiction of their shipping address and promises and agrees to indemnify, defend and hold Bevv harmless from and against any and all claims, liabilities, and expenses (including taxes, interest, penalties, and attorney fees and amounts paid in investigation, defending or settling any of the foregoing) arising out of or in connection with: (a) any act by or omission of Customer, their agents or employees, or allegations made by such acts or omissions, relating to or affecting the products sold to and shipped on behalf of the Customer by Bevv in accordance with these Terms and Conditions; (b) any inaccuracy of any representation made by Customer in connection with the transactions contemplated by these Terms and Conditions; (c) any claims brought or asserted by any third party against Customer for any products sold by Bevv to the Customer and shipped in accordance with the Customer's instructions and per these Terms and Conditions.
Bevv makes no representation as to the rights of anyone to import products into any state.
At this time Bevv does not permit transactions involving parties that reside outside of the United States. These Terms and Conditions as it relates to international shipping are subject to change.
Customer is responsible for all carrier fees, duties, and customs charges incurred in shipping purchases to Customer's desired shipping address. To the extent that Bevv provides estimates of shipping, duties, and customs charges, these should be considered to be estimates only. In the event there is a shortage between the amount charged to the Buyer and the actual shipping charges incurred, that added cost shall be the sole responsibility of the Seller.
Care must be taken when shipping products in adverse weather conditions. High temperatures may cause products bottles to leak or extreme cold can freeze products during shipment.
Bevv offers Standard Shipping and Safe Shipping options (see shipping methods). The latter is designed to protect your products in transit. By initiating a shipment with Standard Shipping, Customer accepts all responsibility for that shipment through whatever weather conditions may occur during that shipment and agrees that Bevv will not be responsible for, and will not replace, products that are damaged by adverse weather conditions during such shipment.
Pick-up and Delivery Services
See Pick-ups (Inbound) and Local Delivery Services. Postmates Terms of Service - https://about.postmates.com/legal/terms
Scheduling Pickups and Deliveries
Products may be picked up or delivered upon Customer request only. Bevv shall not be responsible for typographical or clerical errors contained in instructions sent by Customer.
Seller shall ensure the value of goods transported to Customer, up to $100 per shipment (at no charge). Additional coverage is available upon request for an additional charge. Coverage is limited to the lower of the declared value or fair market value of the goods in question. Neither Bevv nor Seller will not be liable for any damage caused by acts of God, seizure or other acts of civil or military authority, insurrection, riot, strike, or enemies of the government; loss or damage resulting from inadequate packaging or wear and tear, deterioration or from any other cause beyond the reasonable control of Bevv. Payment to Customer for any claim shall be made only after any insurance claim has been paid or otherwise settled.
Products prices and service rates are subject to change at any time, as may be posted on our website.
User should assume that everything seen or read on this website (or other Bevv-owned websites), received through related services, or downloaded from Bevv servers, is protected by copyright unless otherwise stated and may only be used according to these Terms. Bevv does not warrant or represent that User use of materials displayed on this website will not infringe rights of third parties that are not owned by or affiliated with Bevv. The use of these materials by User, or anyone else authorized by User, is prohibited unless specifically permitted by these Terms. Any unauthorized use of such materials may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Bevv, its affiliates and others. User misuse of the Trademarks displayed on this website, or any other use of content displayed on or included as part of the website, except as provided herein, is strictly prohibited. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website without the written permission of Bevv or such third party that may own the Trademark.
Digital Millennium Copyright Act
Bevv respects copyright law and expects our Users to do the same. Unauthorized copying or distribution of copyrighted works may infringe the copyright holders' rights. Bevv may terminate the account of any User who Bevv believes, in its sole discretion, has infringed upon the copyright or other intellectual property rights of others. For more information, please review our copyright notice. If you are a copyright owner or an agent thereof and believe that Content on the Service infringes upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act by filling out our notification form. Your notification must include the following information (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at the Service;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
User agrees to release Bevv from any liability for any damage, injury or loss, monetary or otherwise that User incurs as a result of either User's or another party's use of Bevv website, services, products or third party references, except as expressly described herein. Bevv expressly disclaims any liability for any damage, injury or loss, monetary or otherwise, that User incurs through reliance upon the accuracy and completeness of information provided by Bevv's website, Bevv employees, contractors, third party content providers, licensors or information attendant to or included in any of the services provided by Bevv.
Suitability and Fitness
User acknowledges and agrees that User has made his or her own inquiries as to the suitability and fitness of Bevv for the purposes of providing the services described herein and that User has not relied on any representations made by Bevv or its representatives other than those described in this Agreement.
Modification of Terms
Bevv may at any time revise these Terms by updating the same at its website(s). When Bevv updates these Terms, Bevv will also revise the "Last updated" date and notify User by email that the Terms have changed and what changes were made. User is bound by any such revisions and should, therefore, review changes highlighted by such notices carefully.
This Agreement is governed by and construed in accordance with the laws of the United States of America and the State of Florida without regard to its conflicts of law provisions. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. If User uses this website from other locations, User is responsible for compliance with local laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
User hereby agrees that any cause of action arising out of or related to this website or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This Agreement supersedes all prior or contemporaneous terms or conditions, oral or written, between User and Bevv with regard to the use of this website or Bevv services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or be relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed.
User hereby agrees to defend, indemnify and hold harmless Bevv and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, licensors and assigns (each a "Bevv Party") against any and all claims, damages, costs, fines, penalties, liabilities, losses, attorneys' and other professional fees and disbursements, suffered, incurred by, or asserted against any Bevv Party, including any amounts incurred or paid in settlement or any judgment of any action, suit, or proceeding brought under any statute, at common law, or otherwise, which arises under or in connection with:
- User use of Bevv websites, the Bevv software, or Bevv services;
- Customer purchase of goods and services pursuant to this Agreement;
- Shipments or valuation or goods for shipping purposes;
- Valuation or sustained valuation of goods purchased;
- Any inaccuracy of any representation or warranty made by Seller in connection with Marketplace transactions;
- Any claims brought or asserted by any third party claiming title to the Auction Items sold in the Marketplace;
- Any use or alleged use of User accounts or passwords by any person, whether or not authorized by User;
- The content, quality or performance of content that User submits to Bevv websites or the Bevv software;
- User connection to Bevv websites;
- User violation of this Agreement; or
- User violation of the rights of any other person or entity, including without limitation intellectual property rights and rights of privacy and/or publicity except to the extent that such liability is the direct result solely of Bevv's gross negligence or willful misconduct.
Bevv reserves the right, at Bevv's own expense, to assume the exclusive defense and control of any matter for which User is obligated to indemnify a Bevv Party, and User agrees to cooperate with Bevv's defense of these matters at no cost to Bevv.
The foregoing obligations of User are hereinafter collectively referred to as "Indemnity Obligations." Indemnity Obligations shall survive, for a period of five (5) years, after the latest of a product sale or termination of Bevv's services under this Agreement or User's use of the Bevv software. Customer agrees to promptly tender any payments due to any Bevv Party under or in respect of the Indemnity Obligations within five (5) business days following written demand by the Bevv Party.
Disclaimers/Limitation of Liability
User use of and any browsing of Bevv's website(s), related Internet services, and the Bevv software is at User's risk. To the extent fully permitted by law, neither Bevv nor any other party involved in creating, producing, or delivering the website or the Bevv software is or shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of User access to, or use of, the website, the Bevv software, or related services. The material contained in this website may contain inaccuracies and errors. Bevv does not guarantee that the functional aspects of the website or the Bevv software will be uninterrupted or error-free or that this website, the Bevv software, or the server that provides them are free of viruses or other harmful components. The Bevv software and everything on the website is provided to User "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Dispute Resolution / Waiver of Right to Litigate in Court
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The other party will respond in writing with a statement of its position on, and recommended solution to, the dispute. If such dispute, claim or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to negotiate or arbitrate, remains unsettled following such negotiation, the matter shall be determined by arbitration in Fort Lauderdale, Florida, before a sole arbitrator, in accordance with the rules of the American Arbitration Association. The arbitrator shall allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party, against the party who did not prevail. The parties hereby agree, however, that the arbitrator is not empowered to award damages in excess of those specified above and hereby expressly waive and forego any right to punitive, exemplary or similar damages in arbitration.
The parties hereby agree to have all disputes, claims or controversies arising out of or relating to this Agreement decided by the negotiation and arbitration procedures described above, and waive any rights they might possess to have those matters litigated in a court or jury trial. Each party acknowledges that if it refuses to submit to negotiation and arbitration after agreeing to this provision, it may be compelled to arbitrate under federal or state law. Furthermore, each party acknowledges that none of the foregoing shall limit the parties' rights as described in this Agreement. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for preliminary or interim equitable relief, or to compel arbitration in accordance with this section, without breach of this arbitration provision.
Vendor Consumer Dispute Resolution
Any notice given under this Agreement or pursuant to law must be in writing and will be sufficient if personally delivered, sent by regular, certified or registered mail, email or website posting by Bevv to this website. Notifications shall be sent to the physical or email address of record for Customer or, if to Bevv, to 16192 Coastal Hwy, Lewes, DE 19958 for firstname.lastname@example.org. Notice deposited in the mail in the manner hereinabove described shall be effective from and after the expiration of three (3) days after it is so deposited; email and website notifications shall be effective from and after the expiration of twenty-four (24) hours.
Privacy and Security of Personal Information
This Agreement, together with any separate sale agreement(s) related to selling products using Bevv represents the entire and integrated Agreement for services provided by Bevv between the parties herein and supersedes all prior negotiations, representations or Agreements, either written or oral. Any waiver of a right or duty afforded under this Agreement shall not be effective unless such waiver shall be in writing and signed by the party claimed to have given, consented to or suffered the waiver. This Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Florida. In the event that any court of competent jurisdiction determines that any provision of this Agreement is unlawful or unenforceable, each and all remaining provisions of this Agreement shall remain in full force and effect. This Agreement will bind and benefit Bevv and User, and their respective heirs, executors, administrators, successors, and permitted assigns.