Terms Of Service

TERMS AND CONDITIONS OF USE

BevBucks, Inc.

 

Welcome to BevBucks. The following terms and conditions govern your access to, and use of the BevBucks website and mobile app (hereafter “Service” or “Services”) including any content, functionality, and Services offered on or through the Service, whether as a guest or as a registered user (hereafter “Agreement”). Please read the following terms and conditions carefully before you start to use the Service, as they form the entire Agreement between you (sometimes referred to herein as “You” or “Your” or “User”) and BevBucks (the “BevBucks,” or “we” or “us”). The Services are offered and are available to users who are 21 years of age and over and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a contract, purchase, possess, and/or consume alcohol, and meet all of the foregoing eligibility requirements. If you do not meet all of the foregoing requirements then discontinue use of the Services and leave now. When you purchase an Offer through BevBucks, or create a User Account (“Account”) with BevBucks you agree to all of the terms and conditions of this Agreement. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Services.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, LEAVE NOW. YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER OR PURCHASE ANY OFFERS FROM THE SERVICE. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.

1.     Right to Use.  Your right to use the BevBucks Services is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability.

2.     Availability of BevBucks Services.  By using BevBucks, you acknowledge that you are using a web and/or application-based platform, and that while BevBucks takes every reasonable action to make sure that the Services remain fully functional and up to date, interruptions do happen, for any reason or no reason, including for routine maintenance. BevBucks retains the right at its sole discretion to deny access to part or all of the Service to anyone, at any time and for any reason. You understand and acknowledge that due to circumstances both in our control and not in our control, access to the Service may be interrupted, suspended, or terminated.

3.     Transmission of Information.  BevBucks does not control the Internet, or its security, or that of other networks you use to access the Services. BevBucks is not, and cannot be responsible for the security of information that you choose to communicate with BevBucks via the Services. Nor are we responsible for any data lost during transmission. For specific information regarding BevBucks use of your personal information, please refer to our Privacy Policy.

4.     Creating an account.  You may only create and hold one account and you are solely responsible for all uses of your Account. You must treat all passwords, user names, and the like as confidential and you must not disclose them to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Services using your name, password, or any other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

a.     Your Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person. If you violate any of these limitations we may terminate your Account in our discretion and without limitation. Should we terminate your account, you may not re-enroll or re-join under a new account unless invited to re-join by us. If you commit fraud or falsify information in connection with your use of the Services or in connection with your BevBucks Account, your Account will be terminated immediately. We reserve the right to hold you liable for any and all damages that BevBucks or our Partners may suffer, to pursue legal action through all available law enforcement authorities, and to notify your Internet Service Provider of any fraudulent activities associated with you or with your use of the Services.

b.     Cancellation By User.  You may cancel your Account at any time by visiting http://www.BevBucks.com. You hereby agree to be personally liable for any and all charges incurred by your username and password until you terminate your membership as provided herein. You hereby acknowledge and agree that if you cancel your membership, the access associated with that membership will be removed.

5.     Modification.  We may revise these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to the Services, and apply to all access and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any changes as they are binding on you. If you do not agree to the changes as we have made them; discontinue use of BevBucks immediately. Continued use after notice of the changes will constitute acceptance in full, of the terms. Finally, do not attempt to modify these terms, in whole or in part. Any modification by you will be void and have no effect.

6.     Intellectual Property.  You acknowledge that BevBucks owns all rights, title, and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights, and all other intellectual property rights of any sort throughout the world) in the Services, and in any and all versions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas, and information made or conceived or reduced to practice, in whole or in part (collectively, “Intellectual Property”). Such ownership shall include rights in any advertising materials, websites, and their reproductions, further versions, revisions, and/or derivative works of the Services. Any goodwill existing or created as part of this agreement shall inure to the benefit of BevBucks only. Except as may be expressly granted herein, and necessary for your use of the Services, BevBucks grants you no right, license, title, or interest in or to any of BevBucks Intellectual Property. You shall not copy without authorization, translate, reverse engineer, decompile, disassemble, or make derivative or transformative works of BevBucks Intellectual Property. BevBucks reserves all rights not specifically granted.

The following uses of BevBucks Intellectual Property are permitted:
a.     Personal computing/mobile devices on which you use the Services are permitted to make temporary copies of the Service as stored in the RAM of such devices incidental to the use and access of the Services;
b.     You may store files that are automatically cached in your internet browser or mobile device for display enhancement purposes;
c.     You may download a single copy of the BevBucks mobile application, and download any updates thereto solely for your personal, non-commercial use, provided you agree to remain bound by these and any other relevant terms of service relating to those applications.

7.     Proprietary Information.  The Services contain information which is proprietary to us. We assert full copyright protection in the Services. Any information shared or posted by us is protected whether or not it is identified as proprietary to us. You agree not to modify, copy, or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. The name of this Service, and all parts of the Services, regardless of their name, are Service marks of or under license to BevBucks. No use of these marks shall be permitted except through the prior written authorization and permission of BevBucks or the licensor of the mark. All rights not expressly granted herein are reserved.

8.     Copyright Policy and DMCA.  BevBucks obtains Offers solely from its Partners, from whom you redeem the Offer. BevBucks relies on its Partners to provide content which is free from infringement of any and all Intellectual Property rights, including copyright, trademark, patent, trade secret, or other rights. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a screenshot and description of where the material that you claim is infringing is located on a Site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Please send the above information to the following address: support@BevBucks.com

9.     Unsolicited Ideas.  BevBucks does not accept unsolicited ideas for the Service or business practices from users, nor do we review such submissions. Any such submissions, once submitted, will become property of BevBucks upon submission.

10.     User Warranties.  By purchasing an Offer through BevBucks, and/or creating an Account as part of BevBucks Services, you warrant and agree that you are: (a) 21 years of age and possess the authority to create a binding legal obligation, and are not impaired in this ability; (b) that all the information you provide to BevBucks is only about yourself, and that all of such information is accurate, true, current, and complete; (c) your use of the Service will always comply with the terms of this Agreement, and your account will be for personal use only; (d) you will only make purchases that comply with the letter and spirit of the Offers; (e) you will only purchase Offers for yourself or when available, as a gift for someone else; and (f) you will remain responsible for all uses of your account, safeguard your password, and supervise the use of your Account.

11.     Disclaimer of Warranties.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: THE AVAILABILITY, ACCURACY OF CONTENT OR MATERIALS, INFORMATION, PRODUCT, OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BevBucks EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS, AND ALL SERVICES PROVIDED BY BevBucks IS BORNE EXCLUSIVELY BY YOU. BevBucks MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BevBucks MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. SHOULD THE SERVICE, IN ALL OF ITS FORMS PROVIDED BY BevBucks, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU; YOU, AND NOT BevBucks, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. USERS IN STATES WHICH DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES MAY HAVE DIFFERENT LEGAL RIGHTS, WHICH MAY VARY BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL BevBucks, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER PARTNERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS, OR PARTNERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT BevBucks MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE DURING THE PREVIOUS TWELVE (12) MONTHS FROM THE DATE OF THE BREACH.

12.     Limitation of Liability/ Indemnity.  WE ARE NOT RESPONSIBLE FOR ANY NORMAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY ARISE OUT OF OR RELATE TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, BUSINESS OR DATA, OR DAMAGES RESULTING FROM ANY VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE SOFTWARE OR MATERIALS, OR ANY INTERRUPTION OR SUSPENSION OF THE SERVICE, REGARDLESS OF THE CAUSE OF THE INTERRUPTION OR SUSPENSION. NOR ARE WE LIABLE FOR ANY NORMAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, OR INDIRECT DAMAGES AS A RESULT OF THE USE OF THE GOODS CORRESPONDING TO THE OFFERS YOU PURCHASE THROUGH SERVICE. ANY LIABILITY OF BevBucks SHALL BE STRICTLY LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR OFFERS PURCHASED THROUGH THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING A BREACH OF THIS AGREEMENT BY BevBucks. BevBucks MAY DISCONTINUE OR CHANGE THE SERVICE OR ITS AVAILABILITY TO YOU AT ANY TIME, AND YOU MAY STOP USING THE SERVICE AT ANY TIME. YOU AGREE TO INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY LOSS OR DAMAGE, INCLUDING BUT WITHOUT LIMITATION TO REASONABLE ATTORNEYS’ FEES BOTH AT TRIAL AND APPELLATE LEVELS, THE EXPENSES, AND COSTS WHICH WE MAY SUFFER FROM YOUR ACTIVITIES ON OR USE OF THE SERVICE, OR AS A RESULT OF THE REDEPMTION AND USE OF THE GOODS REFERENCED ON ANY OFFERS YOU PURHCASE FOR YOURSELF OR OTHERS THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY BREACH BY YOU OF THIS AGREEMENT OR ANY CHARGES OR COMPLAINTS MADE BY OTHER PARTIES AGAINST YOU. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU; PROVIDED, HOWEVER, THAT YOU SHALL REMAIN LIABLE FOR ANY SUCH CLAIM. BevBucks MAY TERMINATE THESE TERMS OF USE AT ANY TIME. WITHOUT LIMITING THE FOREGOING, BevBucks SHALL HAVE THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND ANY OF YOUR PASSWORDS OR ACCOUNTS IN THE EVENT BevBucks CONSIDERS, IN ITS SOLE DISCRETION, ANY OF YOUR CONDUCT TO BE UNACCEPTABLE, OR IN THE EVENT YOU BREACH THIS AGREEMENT. NOTWITHSTANDING THE ABOVE, THESE TERMS OF USE WILL SURVIVE TERMINATION OF THIS AGREEMENT.

13.     Jurisdiction/Disputes/Choice of Law.  This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of Delaware, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the State of Delaware for resolution of all disputes. You hereby agree that exclusive venue for any litigation under this Agreement shall be with any federal, state, or county court located Delaware. Each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.

14.     Miscellaneous.  Waiver by you of any breach or default or failure to exercise any right allowed under this Agreement constitutes a waiver of any prior, or subsequent breach, or default, and a waiver or forfeiture of any similar or future rights under this Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect. These Terms of Use and any other related terms constitute the sole and entire agreement between you and BevBucks with respect to the Service and supersede all prior and contemporaneous understandings, representations, and warranties, both written and oral with respect to the Services.

15.     Affirmation of Agreement.  You hereby acknowledge and affirm that you have read this entire Agreement and that you agree to be bound by all its terms and conditions by clicking where indicated on the Service registration page.

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