TERMS OF USE

Effective: November 10, 2021

Overview

These Terms of Use (“Terms”) set forth the terms and conditions under which you are authorized to access and use our “Services” which include bevridge.co, and other websites where we link to or post these Terms, including any subdomains or mobile versions (the “Site” or “Sites”), our virtual tasting platform, as well as any other online services where these terms are posted.

The Services are owned and operated by or on behalf of Bevridge LLC, a Delaware limited liability company (“Bevridge”, “us”, “our”, or “we”). Our principal office is located at 414 Nicora Place, Sonoma, CA 95476.

Through your use of our Services, you agree to these Terms.

Your Access to the Services

As a condition of your right to access and use our Services, you represent that you are at least 21 years of age and that you are not a person barred from accessing the Services under the laws of the United States or any other country. Bevridge reserves the right to terminate your access in the event you violate these Terms or any other policy or agreement applicable to your use of the Services. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED IN CONNECTION WITH THE USE OF THE SERVICES ON YOUR DEVICE(S) OR UNDER YOUR ACCOUNT.

Additional Agreements

Additional rules or guidelines of Bevridge may apply your use of our Services, e.g. our Privacy Policy applicable to your attendance at Events. To the extent additional rules or guidelines of Bevridge apply to your use of the Services or your transactions with us, those rules and guidelines are hereby incorporated by reference into these Terms of Use. In the event of a conflict between these Terms and our Privacy Policy, the Privacy Policy shall control to the extent of such conflict. Capitalized terms not defined in these Terms will have the definition set forth in our Privacy Policy.

Third-Party Services and Content

We may use third party service providers in order to provide the Services to you. Third parties are not governed by these Terms. You acknowledge that any reliance on representations and warranties provided by any party other than Bevridge will be at your own risk. Your use of any third-party-operated websites/services may be subject to additional terms of use and privacy policies.

Modifications and Interruption to the Services

While we make our best effort to provide you with up to date information regarding Events, however, Events are subject to change or cancellation due to events outside our control. We make no representations or warranties regarding availability. Cancellations are subject to any additional Event or purchase terms and conditions.

Further, we reserve the right to modify or discontinue all or any portion of our Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that our Services will be error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Bevridge reserves the right, but shall not be required, to correct and delays, interruptions, errors or omissions.

Bevridge limit the right of users to access and use the Services, including, without limitation by: (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Services for certain users or requiring registration to use the Services, (iii) restricting the amount of use permitted, (iv) restricting or terminating any user’s right to use the Services, (v) requiring users to make a purchase to use certain portions of the Services, or (v) requiring users to be a certain age to use all or some of the Services, each at Bevridge’s sole discretion and without prior notice or liability.

Usernames, Passwords and Security

You may be required to create an account to attend Events or use certain other features of our Services. You may not resell, advertise, assign, or otherwise market the Services or your Event reservation or ticket purchase to third parties except as expressly permitted by Bevridge. If you enter into a transaction on our Services or otherwise contact us through the Services, you agree to provide accurate information about yourself. We reserve the right to suspend or terminate your use of our Services and to revoke permission for you to use our Services if we discover, or if we have a reasonable basis to believe, that any of the data you have provided is inaccurate, incomplete or untrue, or if you violate these Terms.

You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username and password for the Services. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You will cooperate and assist in any investigation relating to any such unauthorized access.

Copyright and Trademark Information

All content, copyrightable material, and other intellectual property rights in the content available on our Services, including without limitation design, text, video, audio, performances, graphics, interfaces, and the design, selection and arrangements thereof (collectively “Content”), are owned by Bevridge with all rights reserved, or in some cases may be licensed to Bevridge by a third party. This Content is protected by the intellectual property rights of Bevridge or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Bevridge.

Permitted Use of the Content

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content available through our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing Content.
  • You may store files that are automatically cached by your browser or device to display the Content.
  • You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any Content from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Any use of Content, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Bevridge or under a separate agreement with Bevridge, is strictly prohibited. You may not make any use of Content owned by any third parties which is available on the Services, without the express consent of those third parties.

Notification of Claimed Copyright Infringement

In the event that you find Content available through our Services which you believe is an infringement of the copyright or other intellectual property rights of you or a third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:

  1. Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
  2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
  3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
  4. if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
  5. a description of the infringing material and the URL where such material is located on the Services, or a description of where on our Services you found such material;
  6. your written statement that you believe, in good faith, that the use of the work on our Services has not been authorized by the true owner of the work, its agent, or as a matter of law; and
  7. a statement that all of the information you have provided is true.

Please send your notice of your alleged infringement to us:

By mail:

414 Nicora Place, Sonoma, CA 95476

Attn: Bevridge LLC

By email: info@bevridge.co

In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of Bevridge to terminate use of our Services by repeat infringers in appropriate circumstances.

Content Complaints

If you believe that any Content on our Services violates these Terms or is otherwise inappropriate, please report the Content by contacting us at: info@bevridge.co.

Feedback

We welcome your comments and feedback about our Services. All information and materials submitted to Bevridge through the Services or otherwise, such as any comments, feedback, ideas, questions, designs, data, user content, or the like regarding or relating to the Services or the business of Bevridge (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Bevridge reserves the right to treat any such Feedback as the confidential information of Bevridge..

By submitting Feedback to Bevridge, you assign to the Company Parties (defined below), free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy..

Restricted Activities

You may not engage in any of the following with regard to the Services (including without limitation posting or transmitting content through the Services):.

  1. violate or encourage the violation of any local, state, national, or international law or regulation;
  2. collect or store personal data about other users of our Services or solicit personal information from any individual without proper rights or consent of the individual;
  3. send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by Bevridge in its sole discretion;
  4. infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
  5. promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
  6. disrupt or interfere with the security or use of the Services or any websites or content linked to them;
  7. interfere with or damage the integrity of the Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Services;
  8. use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
  9. attempt to use another user, person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Bevridge or create or use a false identity;
  10. attempt to obtain unauthorized access to the Services or portions thereof that are restricted from general access;
  11. use any meta tags or any other “hidden text” utilizing Bevridge name, trademarks, or product names;
  12. attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Services;
  13. engage in any activity that interferes with any third party’s ability to use or enjoy the Services; or
  14. assist any third party in engaging in any activity prohibited by these Terms.

Further, without our written consent, you may not:

  1. reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any Bevridge content or any use of or access to the Services;
  2. except for routine indexing, e.g. for search engines, use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Services or monitor or copy our web pages or the content contained thereon;
  3. deep link to the Services for any purpose; or frame the Services, place pop-up windows over any content, or otherwise affect the display of the Services;
  4. access the Services in order to build a competitive service or to benchmark with a non-Bevridge service; or
  5. reverse engineer the Services (to the extent such restriction is permitted by law).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, BEVRIDGE, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE AGREED IN WRITING BETWEEN YOU AND BEVRIDGE. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Indemnification

You agree to indemnify and hold the Bevridge Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of our Services in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you, or another user of our Services using your computer, device or account.

Governing Laws

The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of California, USA. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the state and federal courts located in San Francisco, California, and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Bevridge.

Dispute Resolution

By entering into Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms must be asserted individually.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services must be filled within one calendar year after such claim or cause of action arises, or forever be barred. If a claim proceeds in court, we each waive any right to a jury trial.

Consent to Electronic Communications

By using the Services, you agree that Bevridge may communicate with you electronically regarding your use of the Services and related matters, and that any notices, agreements, disclosures or other communications that Bevridge sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent to your receipt of electronic notice, please notify Bevridge at: info@bevridge.co.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

Notice for California Residents

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Services, without further notice to you. Your continued use of any of our Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.

Assignment – These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms are not assignable or transferable by you without the prior written consent of Bevridge. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition, or otherwise.

Integration – These Terms (including all of the policies described in these Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

Waiver – No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Severability – If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Bevridge.

Limitation – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No Relationship – No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.

Force Majeure – Bevridge will not be liable for any failure or deficiency in the performance or availability of the Services by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to Bevridge, fire, terrorism, natural disaster, pandemic, act of God, or war.

Contact

Feel free to contact us with questions or concerns regarding these terms at info@bevridge.co