General Terms of Use for BEVY Products, Services, Website, and Applications,

 

Last Updated   April 1, 2023

 

These Terms of Use (“Terms”) are a contract between you and The BEVY Connection, Inc. (“BEVY” or “we” or “us”) and govern the purchase of BEVY  Merchandise (“Products”), access to and use of BEVY websites (“Website”) and BEVY mobile applications (“App”), and contracting for BEVY Services (a BEVY “Project” or a BEVY “Subscription” and jointly referenced as BEVY “Services”) as each are made available to you by BEVY.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH BEVY ON AN INDIVIDUAL BASIS.  SEE SECTION XXI BELOW FOR MORE INFORMATION.  BY AGREEING TO THESE TERMS AND CONDITIONS, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND BEVY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND HAVE WAIVED YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.

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I. Acceptance of Terms

You show acceptance to be bound by these and all incorporated Terms by using the Website or App, by purchasing a BEVY Product, by setting up a BEVY account, or by contracting for a BEVY Project or a BEVY Subscription.    If you do not agree, do not use the Website or App, do not purchase a BEVY Product, do not setup a BEVY account, and do not contract for a BEVY Project or a BEVY Subscription.  Additional incorporated terms include the BEVY Privacy Notice.

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By agreeing to be bound, you are further agreeing 1) that you are a resident of the United States, 2) that you are of legal age to form a binding contract, 3) that you have not been previously suspended or removed from access to the Website or App or had your BEVY account, if you have one, terminated by BEVY, 4) that you have authority to enter into these Terms personally, 5) that you will provide true, accurate, complete and current information about yourself, any property you are providing BEVY access to (“Property”) and any BEVY Service requested, 6) that you will timely update the information in item 5 as it changes over time, and 7) that you have a legitimate interest in any Property identified in item 5 and you have all the necessary permissions from other persons or entities who also have an interest in the Property.

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II. Modification of Terms

BEVY reserves the right to modify these and any incorporated Terms without prior written notice at any time and in BEVY’s sole discretion.  Modifications will be posted on the Website and App and may be emailed to you.  The modifications will be effective as of the Last Modified Date referenced in the heading of the appropriate Terms document.  If you do not agree with the new Terms, you must discontinue use of the BEVY Website and App and all BEVY Services and immediately cancel your Subscription, if any.  Your continued use of the Website or App, purchase of any Product or use of any BEVY Service will constitute your acceptance of and agreement to such changes.

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III. BEVY Website and App

The BEVY Website and App are offered and available for use by individuals who are at least 18 years of age or otherwise eligible to form a binding contract with BEVY.  We reserve the right to withdraw or amend the Website and/or App in our sole discretion without notice.  We will not be liable if for any reason all or part of the Website or App is unavailable at any time or for any period.  BEVY reserves the right to, from time to time, restrict access to some parts or all of the Website and/or App.  BEVY reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by BEVY, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

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We strive to display accurate information, including but not limited to, pricing and availability; however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions.  We reserve the right to correct any errors, inaccuracies, or omissions at any time and to correct any invoices, payment drafts, confirmation emails, or any other communication impacted by such error, inaccuracy or omission.

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IV. BEVY Merchandise

The terms in this Section are specific to the purchase of BEVY Merchandise.    

 

A. Product Availability

Bevy may offer a variety of Merchandise/Products for purchase.  These may be made available through the BEVY website and mobile application or through consultation with BEVY.  Some products can be customized, for example with names or logos, which you must provide to BEVY before the Product can be produced. 

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BEVY does not guarantee the availability of BEVY Products and availability may change over time and at any time. The type, quantity, availability and price of BEVY Products offered are determined by BEVY in its sole discretion.  All Product purchase requests must be paid for and accepted by BEVY prior to completion of the purchase transaction or BEVY will not be obligated to fulfill the Product purchase request.  BEVY may choose to reject any requested Product purchase at our sole discretion.

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B. Product Payment Methods

A current, accepted, valid method of payment must be supplied to BEVY prior to the completion of the Product purchase transaction.  BEVY may update the accepted methods from time to time.

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C. Product Refunds

Generally, our Products cannot be returned as they are often customized to each purchaser.  Products may be returned within 14 days of receipt if they arrive damaged.   Delivery times are estimated for your benefit but do not constitute a guarantee of delivery on that date.  Late shipment does not constitute damage and does not make the Product subject to return.

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V. BEVY Project Services

These terms are specific to the purchase of BEVY Service and Design Projects.    

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A. BEVY Projects

BEVY Services may be engaged for the management and execution of one or more Projects.   The estimated hours needed to complete the work requested and the hourly rate to be charged will be agreed upon between you and Bevy. BEVY will manage, coordinate, and sometimes personally fulfill the activities needed to complete the defined work. 

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BEVY does not guarantee the availability of BEVY Project Services and availability is determined by BEVY in its sole discretion.  BEVY may choose not to accept any requested Project in its sole discretion.

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B. Billing

Projects will be invoiced in arrears or upon the conclusion of the project, whichever is earlier, and payment is due upon receipt of invoice. Invoices shall reflect the hours being billed, the price per hour, materials purchased, the billed price for the materials, and any additional fees or charges that are your responsibility as defined in these Terms and Conditions.  Payment schedules separately agreed to between Bevy and you shall supersede the standard Project payment terms outlined herein. 

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C. Project Changes

All changes to the scope of the work described in the Project Proposal shall be agreed to between you and Bevy.  You understand and agree that charges and fees in addition to Bevy’s hourly charge may be applied to the Project as a result of the change, including but not limited to, return or restocking fees for material already purchased that must now be returned, additional charges or expediting fees for materials that must now be purchased. 

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D. Cancellation or Termination of Project by You

Bevy understands and agrees that you may cancel or terminate any project at any time and you understand that you will remain financially liable for any parts or material that have already been purchased for the project, any committed financial obligations to third party suppliers or any scheduled sessions within the next 5 business days of the date of termination.

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E. Termination or Modification of Project by BEVY

You understand and agree that Bevy may cancel or terminate any project at any time and you understand that you will remain financially liable for any parts or material that have already been purchased for the project and any committed financial obligations to third party suppliers.

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VI. Use of Third-Party Contractors to complete Services

Where the Service to be provided requires the engagement of independent third-party contractors, BEVY may act as your agent in helping you find and select a third-party contractor and manage and coordinate the efforts of the third-party contractor; however, BEVY will be doing so as your agent and BEVY will not be responsible directly or indirectly for any third-party contractor fees, charges, or liabilities.

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VII. Payment Methods

By purchasing a BEVY Product, contracting a BEVY Project you are required to, and hereby do, authorize BEVY to automatically draft your provided payment method as payment becomes due.  BEVY will accept multiple electronic payment methods including, but not limited to, credit card and bank draft.  We may update the accepted methods from time to time.

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When providing payment method information, you represent and warrant that 1) the payment account information you supply to us is true, correct and complete, 2) you are duly authorized to use such payment account for the purchase, 3) charges incurred by you will be honored by your payment account provider, and 4) you will pay charges incurred by you at the prices established by purchase transaction or contract, as applicable, regardless of the amount quoted on the Website or App at the time of your invoice.

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You may edit your Payment Method information by contacting BEVY or managing your payment methods within your Bevy payment portal.  (See Section XXIII/Contact.)  If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, you nonetheless remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated.  You agree that you will be responsible for any fees charged to BEVY by the credit card company or bank in relation to non-payment or repeated billing and such fees will be added to the amount charged to you.  If we cannot charge your account, we reserve the right, but are not obligated, to suspend BEVY Services and/or terminate your access to our Website, App or any portion thereof.

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VIII. Other Fees

BEVY pricing does not include taxes.  If taxes apply to the BEVY Products or Services you have selected, they will be added to the amount charged to your payment method.

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As part of a BEVY Service, you may from time to time schedule meetings with BEVY personnel (in person or via electronic means) or arrange for specific times for BEVY personnel or contractors to have access to the Property.  If you do not show up or otherwise not attend a scheduled meeting and have not provided a minimum of 24 hour notice to the meeting attendees that you will not attend, BEVY reserves the right to charge you the full amount of any time spent by BEVY personnel waiting for you to attend and any time spent in rescheduling the meeting.  If there is no access to the Property at the time for which it was scheduled and you have not provided a minimum of 24 hour notice to the BEV handling the work to be done, BEVY reserves the right to charge you the full amount of any time spent by the BEV waiting for access to be provided and any time spent in rescheduling the Property access including, without limit, with any third-party contractors involved.  Note that in this case you will also be responsible for any charges incurred from the third-party contractors such as those for lost work time.

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IX. Property Access

In order to provide some of the BEVY Subscription Plan Services and BEVY Project Services, BEVY will require access to your Property.  Upon requesting such BEVY Service, you shall ensure that BEVY is given whatever information or devices are required to facilitate Property access.

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X. BEVY Accounts

In the process of making a Product, Project or Subscription purchase, the BEVY Website or App may offer an opportunity to establish BEVY related accounts.  Should you choose to setup an account, BEVY will allow you to setup a user name and a password for use in logging in to the Website or App in the future and, if you request it, will store your preferred payment method for future purchases.  Refer to the BEVY Privacy Notice.

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By establishing a BEVY account, you consent to receive communications from us electronically such as: emails, text messages, mobile push notices, or notices and messages on the Website or App.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  If you choose to discontinue receiving certain communications, you may unsubscribe from those communications that are not legally required in writing.

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XI. Photo Release

You understand that there may be photos & videos taken while services are performed or provided during your engagement with BEVY.  BEYV, their partners and sponsors have my permission to use these photos on their social media sites, and other marketing materials. You understand that you can contact the company in writing if you would like a photo of yourself or your property removed within a reasonable amount of lead-time. YOU HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

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XII. Privacy

Your privacy is important to BEVY.  The BEVY Privacy Notice is hereby incorporated into these Terms by reference.  Please read the Privacy Notice carefully.   It contains information relating to the collection, use and disclosure of your personal information.

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XIII. Prohibited Conduct

Your BEVY account is personal to you and you agree not to create more than one account.  You agree not to allow third parties to use you BEVY account, including other BEVY users.  You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users.  Furthermore, you agree to notify BEVY immediately of any unauthorized access to or use of your user name or password or any other breach of security

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Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

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1. Harass, threaten, stalk, disrupt or defraud BEVY personnel or other BEVY account holders or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;

2. Act in a deceptive or fraudulent manner by, among other things, impersonating BEVY, a BEVY employee, another account holder, or any other another person or entity including, without limitation, accessing another’s account or signing up for more than one account;

3. Use the Website or App for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;

4. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or App, or which, as determined by us, may harm BEVY or BEVY account holders or expose them to liability;

5. Share your password with any third party or encourage any other account holder to do so;

6. Permit anyone to use any BEVY Services booked under your own account, including other account holders;

7. Attempt to independently engage a BEVY employee outside of the BEVY relationship within the first 12 months following the termination or suspension of your BEVY relationship;

8. Exploit BEVY Products, Services, Website or App for commercial purposes;

9. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, or broadcast any material from the Website or App;

10. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or App;

11. Misrepresent the source, identity, or content of information transmitted via the Website or App;

12. Upload material (e.g. virus) that is damaging to computer systems or data of BEVY or users of the Website or App or otherwise use the Website or App in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Website or App;

13. Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;

14. Upload or send to Website or App users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;

15. Decompile, reverse engineer or disassemble the Website or App, in whole or in part, except as may be permitted by applicable law;

16. Link to, mirror or frame any portion of the Website or App;

17. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or App or unduly burdening or hindering the operation and/or functionality of any aspect of the Website or App;

18. Attempt to gain unauthorized access to or impair any aspect of the Website or App or their related systems or networks or interfere or attempt to interfere with the proper working of the Website or App or any activities conducted on the Website or App;

19. Make unsolicited offers, advertisements, proposals, or send junk mail or "spam" to account holders;

20. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website or App, any features that prevent or restrict use or copying of any content accessible through the Website or App, or any features that enforce limitations on the use of the Website or App or the content therein;

21. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or App;

22. Modify the Website or App in any manner or form, nor use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Website or App;

23. Use any robot, spider, scraper, or other automated means to access the Website or App for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website or App;

24. Use the Website or App for or in connection with any purpose that violates applicable federal, state local or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other country or that is otherwise unlawful or prohibited by these Terms; or

25. Use the Website or App for the purpose of distributing, displaying, and otherwise making available to others any political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited electronic messages.
     

XIV. User Generated Content (UGC)

You may post reviews, comments, photos, videos, and other content; submit suggestions, ideas, comments, questions, or other information (collectively, “User Generated Content” or “UGC”) on your account, so long as the content does not violate the prohibitions and restrictions detailed in Section XIII.  You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your UGC.

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You retain all your ownership rights in original aspects of your UGC.  By posting your UGC, you hereby grant to BEVY, a worldwide, non-exclusive, fully paid-up, royalty free, perpetual, irrevocable, sublicensable and transferable license to use your posted UGC and any modification, variation or derivative of it in any manner and for any purpose BEVY deems appropriate including but not limited to sharing your UGC with other account holders, incorporating your UGC in marketing materials, incorporating your suggestions into its BEVY Services, Website or App as applicable and removing it from the Website and App.

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You are entirely responsible for all UGC that you post or otherwise make available through the Website and App.   BEVY takes no responsibility and assumes no liability for any UGC and you hereby release BEVY Connection, Inc., its affiliated entities, subsidiaries, suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns from any and all claims arising out of or related to UGC including, but not limited to, claims that the UGC may violate the BEVY Privacy Notice, the law, and/or your personal privacy or claims of infringement.   You agree that UGC is displayed for informational purposes only and reflects the opinions of the person making the posting and not BEVY.  UGC that you post on the Website or App may become public and BEVY cannot prevent such information from being used in a manner that may violate the BEVY Privacy Notice, the law, and/or your personal privacy; therefore, BEVY does not guarantee any anonymity or confidentiality with respect to any User Generated Content.  BEVY may disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.   See Section IX of the Privacy Notice for more detail.

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BEVY makes no representations that it will publish or make available on the Website or App any UGC and reserves the right any time, without notice, and in its sole discretion, 1) to refuse to allow any UGC on the Website or App, 2) to remove any UGC from the Website and App, or 3) to edit any UGC that has been posted by any member.

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You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to use and to authorize BEVY to use all of the content of your posted UGC.  You further affirm, represent and warrant that your UGC 1) and BEVY’s use of your UGC does not and will not in any way infringe on any intellectual property, proprietary  or other right of a third party, 2) does not contain any material that is illegal, offensive, purposefully false or otherwise potentially harmful to third parties, 3) does not exploit minors and 4) does not violate these Terms.

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You acknowledge that using the Website or App may expose you to other members’ UGC and that BEVY does not endorse and is not responsible for the UGC content.  BEVY cannot and will not review all material before it is posted on the Website or the App and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, BEVY does not assume any liability for any action or inaction regarding transmissions, communications, or content provided by any account holder or third party. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST BEVY Connection, Inc., its affiliated entities, subsidiaries, suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns WITH RESPECT THERETO.

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XV. Ownership, Property Rights, Content

The Website and App are owned and operated by BEVY. The content, recordings, visual interfaces, graphics, logos, design, compilation, information, or any music, images, video, text, and all other material or elements of or available through the Website or App ("Content") are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Generated Content, all Content contained on the Site is the copyrighted property of BEVY or third-party licensors. All trademarks, service marks, and trade names are proprietary to BEVY or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by BEVY, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use.  In the event Content is downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content.

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You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Website, App or Content. You agree to abide by the rules and policies established from time to time by BEVY. Such rules and policies will be applied generally in a nondiscriminatory manner to all users of the Website and App and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.

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You agree not to make any use of the Content that would infringe the copyright therein or violate these Terms in any way and you understand that the owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.

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Subject to your compliance with these Terms and your payment of any applicable fees, BEVY grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and App.  All rights not expressly granted to you in these Terms are reserved and retained by BEVY or its licensors, suppliers, publishers, rightsholders or other content providers.   The license granted by BEVY terminates if you do not comply with these Terms.

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XVI. Third Party Sites, Products, and Services

The Website and App may include links or access to third-party web sites or services ("Linked Sites") solely as a convenience to account holders. If you purchase any of the products or services offered through the Linked Sites, you are purchasing directly from those third parties, not from BEVY. 

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BEVY does not endorse any such Linked Sites, or the information, material, products, or services contained on Linked Sites or accessible through Linked Sites. BEVY is not responsible for examining or evaluating and we disclaim all warranties, expressed or implied, of the offerings of any of these third parties.  ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.  BEVY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE WEBSITE OR APP. 

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XVII. Electronic Signatures and Agreements

You acknowledge and agree that by completing the process to purchase a BEVY Product, establish a BEVY account, contracting for a BEVY Project or such similar actions as may be designated by BEVY as evidence of acceptance of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract.

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YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE Website or App.  Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or the delivery or retention of non-electronic records.

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XVIII. General Disclaimers: No Warranties

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR PURCHASE OF BEVY PRODUCTS OR USE OF BEVY SERVICES, WEBSITE OR APP INCLUDING WITHOUT LIMIT ALL CONTENT IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEVY PRODUCTS, SERVICES, WEBSITE, AND APP AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.  BEVY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO BEVY PRODUCTS, SERVICES, WEBSITE, AND APP, INCLUDING CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGMENT OF THIRD PARTY RIGHTS. 

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BEVY DOES NOT WARRANT THAT BEVY PRODUCTS, SERVICES, WEBSITE, OR APP WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ALL BEVY PRODUCTS OR SERVICES WILL BE AVAILABLE IN ALL LOCATIONS.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BEVY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. 

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YOU ACKNOWLEDGE AND AGREE THAT BEVY MAY UTILIZE THIRD PARTY SERVICE PROVIDERS TO PRODUCE BEVY PRODUCTS AND PERFORM BEVY SERVICES AND THAT BEVY MAY WORK WITH THIRD PARTY SERVICE PROVIDERS THAT YOU HAVE HIRED AND THAT BEVY HAS NO CONTROL OR ABILITY TO CONTROL SUCH THIRD-PARTY SERVICE PROVIDERS.  ACCORDINGLY, BEVY HEREBY DISCLAIMS ANY AND ALL WARRANTIES EITHER EXPRESS, IMPLIED OR STATUTORY AND ANY AND ALL LIABILITY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY SERVICE PROVIDER.

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WITHOUT LIMITING THE FOREGOING, BEVY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS 1) THAT ANY BEVY PRODUCT OR SERVICE IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, 2) REGARDING THE ADEQUACY OR SAFETY OF ANY PRODUCT OR SERVICE OR RECOMMENDATION,  OR 3) THAT THE WEBSITE AND ANY BEVY PRODUCTS OR SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ANY MATERIAL, CONTENT OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK.   YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL, CONTENT OR DATA.

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XIX. Indemnification; Hold Harmless

You agree to indemnify and hold harmless BEVY, its affiliated entities, subsidiaries, suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all claims, actions, suits, procedures, costs, expenses, losses, damages, liabilities, including attorneys’ fees and including but not limited to bodily injury, physical harm, loss, illness, death or property damage arising out of or in connection with your use of the Website or app, YOUR purchase of ANY BEVY PRODUCT or use of any BEVY Service, YOUR violation of these Terms, or any breach of your representations, warranties, and covenants set forth in these Terms EXCEPT WHERE SAID CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, LOSSES, DAMAGES, LIABILITIES, BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE RESULTED DIRECTLY FROM BEVY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

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Bevy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with bevy in asserting any availale defenses.  you agree that the provisions in this section will survive any Termination of your ACCOUNT, theSE terms or your access to bevy services, website or app.

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XX. Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES WILL BEVY OR ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, EXPRESS OR IMPLIED, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE BEVY PRODUCTS OR SERVICES, WEBSITE OR APP EVEN IF BEVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

 

TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU PURCHASED THE BEVY PRODUCT OR FIRST USED THE BEVY SERVICES, WEBSITE OR APP AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

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EXCLUDING GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BEVY HEREBY DISCLAIMS ALL DAMAGES TO YOUR PERSONAL OR REAL PROPERTY ARISING FROM REASONABLE WEAR AND TEAR OR ORDINARY CARELESSNESS OF BEVY OR ITS AUTHORIZED REPRESENTATIVES.

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THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER BEVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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XXI. Arbitration Agreement

 

PLEASE READ THE FOLLOWING CAREFULLY:

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Any Dispute or claim relating in any way to your purchase of a BEVY Product or use of any BEVY Service or your use of the BEVY Website or App will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.  The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would.

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We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  If, for any reason, a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.  We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

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Pre-Arbitration.   Before initiating any dispute, whether in court or by arbitration, you must first give BEVY an opportunity to resolve the dispute by mailing written notice to BEVY Connection, Inc., Legal Department, 2600 S. Shore Blvd. STE 300, League City, Texas 77573 That written notification must include (1) your name, (2) your address, (3) a written description of the dispute, and (4) a description of the specific relief you seek. If BEVY does not resolve the dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your dispute in arbitration.

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Arbitration.   To begin an arbitration proceeding, you must send written notice to BEVY Connection, Inc., Legal Department, 2600 S. Shore Blvd. STE 300, League City, Texas 77573 requesting arbitration and describing your claim.   The arbitration will be conducted by the American Arbitration Association (AAA) under its rules including the AAA Supplementary Procedures for Consumer-Related Disputes.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator fees will be governed by the AAA rules.  You may choose to have the arbitration by telephone, based on written submission, or in person in Galveston County, Texas.

 

Survival.   This Arbitration Agreement shall survive the termination of your contract with BEVY.

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XXII. Purchase by Entity, not an Individual

 

A BEVY account is designed to be used by and for the benefit of one individual.  An entity which is not an individual may establish an account only when that account is for the benefit of and sole use by one individual within the entity. If an entity which is not an individual establishes an account, both the entity establishing an account and the individual who will be using the account must agree to these Terms of Use in their entirety.  The establishment of an account shall evidence acceptance by both parties. The terms “Account holder” and “you” as these terms are used throughout these Terms of Use shall refer to both the purchasing entity and the individual to use the account. The account will be established in the name of the individual intended to use the account.  Payment may be made by the individual or by the purchasing entity.

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XXIII. Miscellaneous, .

 

Choice of Law; Forum.     These Terms shall be governed in all respects by the laws of the State of Texas, without regard to conflict of law provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in state or federal court located in Galveston County, Texas.

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Assignment.     You will not assign any of your rights or delegate any of your obligations under these Terms without BEVYs prior written consent.  Any purported assignment or delegation in violation of this section is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms.  We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. 

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Severability. If any provision of these Terms is determined to be unlawful, void, or for any reason unenforceable, then that provision will be reformed to be enforceable if possible and if not, that provision will be deemed severed from these Terms and will not affect the validity and enforceability of the remaining provisions of these Terms.

 

Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

 

Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and BEVY relating to the subject matter herein.

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Claims; Statute of Limitations.   IN THE EVENT YOU HAVE A CAUSE OF ACTION THAT IS NOT OTHERWISE BARRED BY THESE TERMS, YOU AND BEVY AGREE THAT ANY CAUSE OF ACTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Waiver.   No waiver of any of these Terms by BEVY is binding unless authorized in writing by an executive officer of BEVY.  In the event that BEVY fails to enforce any right or provision of these Terms or waives a breach of any provision of these Terms, such failure or waiver will not be construed as a waiver of future enforcement of that right or provision.  Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.

 

Contact.   You can contact BEVY:

 

by emailing us at hello@bevymylife.com or

 

by calling us at 832-841-BEVY(2389).

 

Legal Notice.

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To You.We may provide notice to you under these Terms by 1) sending a message to the email address you provide or 2) posting the notice to the Website or App.Notices sent by email will be deemed given one business day after we send the email unless we are notified that the email address is invalid. and notices posted to the Website and App will be effective upon posting.It is your responsibility to keep your email address current and to regularly check the Website and App for postings.

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To Us.To give us notice under these Terms, you must contact our national registered agent by personal delivery, overnight courier, or registered or certified mail to Rapid Registered Agent, LLC, 8701 Shoal Creek Boulevard, Suite 401, Austin, TX 78757.We may update the address for our national registered agent by posting a notice on the Website and App.Notices provided by personal delivery will be effective immediately on delivery.Notices provided by overnight courier will be effective one business day after they are sent.Notices provided by registered or certified mail will be effective three business days after they are sent.

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Force Majeure.   We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, inclement weather, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.