BBG Intercontinental LLC dba Beaudette Beverage Group (“Company”, “we”, “us”, or “our”) is pleased you
have visited our website: https://bevaluator.com/
(the “Site”). This Terms of Use agreement (the
“Agreement”) specifies the terms and conditions for access to and use of the Site, and all other
websites, applications, platforms, tools, mobile sites, and mobile applications where this Agreement
appears or is linked, and through the use of our Software (defined below) or services (collectively, the
“Offering”).
If you are accessing or using the Offering on behalf of a company or other legal entity, you represent
and warrant that you have the authority to bind such entity to this Agreement, in which case references
to “you” or “your” in this Agreement will refer to both the individual and any such company or legal
entity using the Offering.
By accessing and using the Offering, or providing information to us (by any means, whether in
correspondence, via our Software, or otherwise), you accept and agree to be bound by the terms and
provision of this Agreement. In addition, when using the Offering, you shall be subject to any posted
guidelines or rules applicable to such services, which may be posted and modified from time to time
(“Additional Terms”). All such Additional Terms are hereby incorporated by reference into this
Agreement. PLEASE REVIEW THIS AGREEMENT CAREFULLY. ANY USE OF THE OFFERING WILL CONSTITUTE ACCEPTANCE OF
THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT OR OUR PRACTICES, PLEASE DO NOT USE THE
OFFERING.
Modifications.This Agreement was published on the date “Last Updated” above. We
may change this Agreement from time to time. Changes to this Agreement will be made by updating this
page. Any such modifications shall be effective immediately. Please visit this Agreement regularly
to read the current version to determine if any changes have been made. Each continued use of the
Offering by you shall constitute and be deemed your unconditional acceptance of this Agreement,
including any changes or modifications.
Intended Audience. The Offering is intended for adults only. The Offering is not
intended for any individuals under the age of 21.
Privacy. Your access and use of the Offering is also governed by our Privacy
Policy, which is incorporated in this Agreement by reference. Please review our Privacy Policy at
https://bevaluator.com/privacyPolicy.
Discontinuation or Suspension of the Offering. We may, at any time and without
liability, modify, suspend, or discontinue, temporarily or permanently, the Offering (including
access to the Offering via any third-party links), with or without notice to you; charge, modify or
waive any fees required to use our Offering; or offer opportunities to some or all users. This
includes the right to modify, discontinue or remove any content, postings, links, pages, services,
or other materials at any time and for any reason. We may refuse or restrict anyone from access to
the Offering at any time.
User Accounts. To access certain features of the Offering (including to access
the Software), you may be required to create a user account (“Account”). You shall maintain and
cause to be maintained the confidentiality of all user IDs and passwords for the Account and shall
at all times maintain adequate safeguards to ensure that access to the Account is limited to your
authorized users. You will promptly update all Account information to keep it true, accurate, and
complete. You will be responsible for all activities that occur under your Account and therefore you
agree to keep your password confidential. You agree to notify us immediately of any unauthorized use
of your username or password or if you believe that your password is no longer confidential. We
reserve the right to require you to alter your username and/or password if we believe that your
Account is no longer secure. You will not: (a) provide any false information as part of your Account
information; (b) create an Account for anyone other than yourself; (c) create or use more than one
Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your
Account; or (f) use or access other persons’ Accounts. You agree that we shall not be responsible
for any losses incurred in connection with any misuse of or failure to secure passwords, nor shall
we have any responsibility whatsoever for your failure to comply with this Section.
The Software. A description of the software, including its features and operation
(“Software”) is available when you create an Account. The Software processes information provided by
you and generates reports based upon such information.
Software Fees; Inactivity.
Company will provide you with the fees applicable to your use of the Software, including
financial processing fees. You agree to timely pay such fees in full. Unpaid fee balances
will accrue interest at the rate of 1.5% per month. If you use a credit card for payment of
the Software fee, you hereby authorize Company to charge such card for the fees applicable
to the Software. We may adjust fees from time to time, with advance notice to you. Failure
to pay fees on time and in full is a material breach of this Agreement. Unless provided
otherwise, all amounts paid under this Agreement are non-refundable.
You are solely responsible for all applicable sales, use, and other taxes or similar charges
or duties incurred in connection with this Agreement (collectively, “Taxes”). You will
promptly reimburse us if we are required to pay any Taxes for which you are legally
responsible. Notwithstanding the foregoing, we remain solely liable for any taxes assessed
on our net income.
Once an Account is created, you may continue using the Software for the period of time for
which you have paid the fees or until access is terminated by you or by Company for cause.
We may inactivate Accounts after the period of time for which you have paid fees or after a
period of non-use of one hundred eight (180) days. You may contact us to request
reinstatement of an Account if your fees have been paid.
Securities Matters.
You are solely responsible for the accuracy, completeness, and use of the information. The Software
is not an expert system, and you may not use the Software or any other Offering in such a way as to
be deemed to be engaging in the offering or solicitation of investments in securities or to be using
the Offering for any other improper investment purposes. Nothing in the Offering will be deemed to
constitute: (i) information that specifically addresses any specific individual’s investment
objectives, financial situation, or the particular needs of any specific person who may receive the
Offering content; (ii) establishing an advisory relationship; or (iii) a transaction in securities
for the account of others. None of Company’s directors, officers, employees, or agents (1) acts on
behalf of any other entity in providing information in the Offering, (2) is paid to market
securities to investors, (3) participates in negotiations between an entity providing information in
the Offering and any investor, (4) handles any money or securities in transactions between investors
and any entity providing information in the Offering, or (5) assists any entity providing
information in the Offering with the completion of any securities transactions between such entity
and an investor.
Use of Information.
(a) Your submission of information through the Offering (“Customer Data”) is governed by our
Privacy Policy. You represent and warrant that any Customer Data you provide in connection
with the Offering is and will remain accurate and complete, and that you will maintain and
update such information as needed. You must always get written permission from all persons
named, identified, referred or alluded to, either explicitly or implicitly, in any such
Customer Data you provide in connection with the Offering and, if required, provide us with
such written permission upon our request. This includes getting permission from parents or
guardians if the person is under the age of 18. IF YOU CHOOSE TO MAKE ANY OF YOUR CUSTOMER
DATA OR OTHER INFORMATION AVAILABLE THROUGH THE OFFERING, YOU DO SO AT YOUR OWN RISK. You
are responsible for retaining electronic or physical copies of your Customer Data on a
regular basis to ensure that you always has access to your Customer Data.
(b) You hereby grant Company a broad license to use Customer Data in connection with
Company’s business, and to authorize Company the right to use Customer Data; including,
without limitation: the right to copy, transmit, use, host, perform, display, and create
derivative works; to combine with other data; and to operate, analyze, and improve the
services of Company; to evaluate and assess your compliance with applicable law. This
license is worldwide, irrevocable, perpetual, royalty-free, paid up, sublicensable and
transferable, for all media now known or later developed. You hereby waive any claim against
Company for use of Customer Data as set forth above.
(c) Company owns and shall continue to own all right, title and interest in and to all
aggregate or deidentified data and any statistical information, benchmarking, comparison,
and other analytics or analyses created or developed by Company from performance and usage
data generated through your use of the Offering. As used in this Agreement, “aggregate”
means individual identities and other identifying information has been removed, such that
the information is not linked or reasonably linkable to any person or household, including
via a device. As used in this Agreement, “de-identified” means the information cannot
reasonably be used to reasonably identify, relate to, describe, be capable of being
associated with, infer information about, or otherwise be linked, directly or indirectly, to
a particular person (individual or entity), device, or computer and for which we will: (i)
take reasonable measures to ensure that the information cannot be associated with a person
(individual or entity); (ii) commit to maintain and use the information in the de-identified
form and not to attempt to re-identify the information, except as may be permitted by
applicable privacy laws; and (iii) contractually obligate any recipient of the information
to comply with these obligations.
Alerts and Notifications.
You may receive notifications, alerts, emails, text messages or other types of messages regarding
the Offering in accordance with the terms of our Privacy Policy.
Feedback.
If you provide us any suggestions, ideas, proposals, comments, feedback or other information
(“Feedback”), whether related to the Offering or otherwise, you hereby grant to us a worldwide,
royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully
sublicensable (through multiple tiers) license, without additional consideration to you or any
third-party, to reproduce, distribute, perform and display (publicly or otherwise), create
derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any
format or media now known or hereafter developed, and for any purpose (including promotional
purposes, such as testimonials). You further irrevocably waive any “moral rights” or other rights
with respect to attribution of authorship or integrity of materials regarding any Feedback that you
may have under any applicable law under any legal theory. You acknowledge and agree that such
Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited
and without restriction, and does not place us under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in
this Section and that your Feedback, and your provision of Feedback through and in connection
with the Offering, do not violate any terms or conditions of this Agreement, are complete and
accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or
any right of any third-party.
Ownership.
(a) Company retains all intellectual property rights in the Offering, including copyrights,
trade secrets, trademarks, patents, and “know-how.”
(b) All content included on the Offering, including without limitation, any written reports
sold, created by the input of our data or otherwise delivered to you as well as any
information you receive from Company analysts, regardless of how that information is
communicated to you, is and shall continue to be the property of Company or its content
suppliers and is protected under applicable copyright, patent, trademark, and other
proprietary rights. Any copying, redistribution, use or publication by you of any such
content or any part of the Offering is prohibited, except as expressly permitted in this
Agreement. Under no circumstances will you acquire any ownership rights or other interest in
any such content by or through your use of the Offering.
(c) Report formats are proprietary to Company. You shall not publish or publicly distribute
copies of such reports and shall not make commercial uses of the reports.
Offering Use.
(a) Subject to all limitations and restrictions contained in this Agreement, Company grants
you a limited, revocable, nonexclusive license to access and use the Offering solely for
your own internal business use and operations to enter data and generate reports and not for
republication, distribution, assignment, rent, sublicense, sale, preparation of derivative
works, or other use.
(b) You may view, download, and manipulate reports for your internal business operations in
accordance with the terms of this Agreement. You may not lift estimates from the Offering,
whether through screenshots of the calculator or typing out your own report based on
information provided through the Offering or any other means. If Company assists you in the
creation of such reporting, you may be charged additional fees. You understand and agree:
(A) such reports have no independent commercial value and are not separately marketable by
you; (B) such reports are not issued on behalf of a third party; (C) such reports are
estimates and you shall not use such reports as an appraisal or misrepresent such reports in
any way; and (D) such reports properly attribute Company and expressly provides that Company
retains sole ownership over any reports. You must not remove or obscure the copyright,
trademark, service mark, or other notices contained in the Offering or any reports. You may
not use the trademarks, service marks, logos, or other proprietary identifiers of Company,
affiliates of Company, or Company suppliers without prior written consent.
Unacceptable Use.
(a) You agree not to download the Software, copy materials on the Offering, reverse engineer
or break into the Offering, decompile the Offering, or use materials, products or services
in violation of any law. The use of the Offering is at the discretion of Company and Company
may terminate your use of the Offering at any time.
(b) You shall not, and shall not permit anyone else to, transfer, license, assign,
distribute, translate, reverse engineer, decompile, disassemble, or modify the Offering,
duplicate the Offering or portions thereof. Further, you shall not, and shall not permit
anyone else to: (i) directly or indirectly: sell, rent, lease, transfer, assign, or exploit
the Offering other than as expressly provided herein; (ii) copy any features, functions,
look and feel or graphics of the Offering unless permitted herein; or (iii) interfere with
the integrity or performance of the Offering.
(c) You may not send unsolicited commercial email to the email addresses provided on the
Offering. The posting of email addresses is not to be construed as, and does not constitute,
consent to use of them by any seller of services, any compiler of mailing lists, or any
other non-authorized use without prior permission from us. In addition, spam, chain emails,
advertising solicitations and similar email solicitations are expressly prohibited.
(d) You may not input any Offering content into a customer relationship management
application or any other third-party database.
(e) You may not access or use the Offering if you are a competitor of Company or for the
principal purpose of monitoring availability, performance or functionality. You agree not to
use the Offering, or any content provided through the Offering, in furtherance of a
Competitive Product. A “Competitive Product” is a product or service that provides customers
with data that is substantially similar to data marketed and licensed by Company. You may
not use the Offering for any competitive analysis of how the Offering compares to a
Competitive Product being offered or developed by you.
(f) Further, you agree not to:
(i) use or access the Offering for any purpose that is unlawful or prohibited by
this Agreement;
(ii) use or access the Offering in a manner that could damage, disable, overburden,
or impair the server hosting the Offering or the networks connected to any server
hosting the Offering;
(iii) interfere with any third-party's use and enjoyment of the Offering;
(iv) attempt to gain unauthorized access to information, accounts, computer systems
or networks retained on or connected to any server hosting the Offering through
hacking, password mining or any other means;
(v) post, transmit or otherwise make available through or in connection with the
Offering any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other
computer code, cancelbots, file or program that is or is potentially harmful or
invasive or intended to damage, destroy, disrupt, impair or hijack the operation of
a computer’s functionality or the operation of our (or anyone else’s) Offering,
detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or information, or to monitor the use of, any hardware, software or equipment
(each, a “Virus”);
(vi) post content that is obscene, indecent, pornographic, violent, derogatory,
defamatory, threatening, harassing, abusive, slanderous, hateful, objectionable or
embarrassing to any other person or entity (as determined by us, in our sole
discretion);
(vii) engage in behavior through the Offering that is intended to harass, degrade,
or intimidate an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, disability, or any other basis or
characteristic recognized by applicable law;
(viii) post content that contains SPAM links to other websites or individuals;
(ix) impersonate another business, person or entity, including Company, its related
entities, employees, and agents;
(x) violate any policy posted on the Offering or on any third-party platform (e.g.,
social media platforms); or
(xi) use any robot, spider, site search/retrieval application or other manual or
automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather
Offering content, or reproduce or circumvent the navigational structure or
presentation of the Offering, without our express prior written consent.
(g) We reserve the right to investigate occurrences which may involve such violations and
may involve, and cooperate with, law enforcement authorities in prosecuting users who have
participated in such violations. You understand that data and communications, including
e-mail and other electronic communications, may be accessed by unauthorized third parties
when communicated over the Internet. You agree that it is your responsibility, and not ours,
to obtain and use third-party software products that support encryption and other security
protocols compatible with such protocols (if any) that may be used by us from time to time
in connection with the Offering.
Copyrights and Copyright Agent.
If you believe your work has been copied in a way that constitutes copyright infringement, or your
intellectual property rights have otherwise been violated, please provide a notice containing all of
the following information to our Copyright Agent:
(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) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the
Offering;
(d) Your address, telephone number, and e-mail 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 owner or authorized to act on the
copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Offering is Bodman
PLC, who can be reached as follows:
for notice], who can be reached as follows:
By Mail: 201 S. Division Street, Suite 400, Ann Arbor, MI 48104
By Phone: (734) 761-3780
Access; Uptime, Security; Release of Liability.
Company agrees to use reasonable measures to support the operation of the Offering and to provide
security for Customer Data. The Offering will occasionally be down (and the Customer Data
inaccessible) for testing, upgrading, and maintenance. Company does not represent that the Offering
will always be accessible or that Customer Data is 100% secure. You hereby release and agree not to
sue Company for any loss of Customer Data, inability to access Customer Data, or other damages or
claims arising from or relating to the Offering.
Compliance with Laws
You may use the Offering only for lawful purposes. The Offering and use of our services is subject
to, and you agree that you will at all times comply with all applicable local, state, national, and
international laws, statutes, rules, regulations, ordinances and the like applicable to the use of
the Offering. This obligation includes your agreement to comply with all applicable laws,
regulations, and rules relating to the export of technical and other data from the United States
(and from your country if you are not located in the United States) and your agreement not to export
or re-export any such data or any other content or materials in violation of such laws, rules or
regulations without first obtaining all necessary licenses, consents and approvals therefor, as well
as authorization from us. You further agree that information provided by you is truthful and
accurate to the best of your knowledge.
Non-United States Use & Restrictions.
We control and operate the Offering from the United States, and all information is processed within
the United States. We do not represent that the Offering is appropriate or available for use in
other locations. By visiting the Offering and using any services provided through the Offering, you
acknowledge that you are not a national of, or resident within any of the countries that are subject
to trade embargo, restriction or other limitation under any laws and regulations or listed on any of
the United States government's lists of prohibited and restricted parties.
Third-Party Websites.
Any links contained on the Offering are for the use and enjoyment of our visitors. We do not intend
such links to be referrals or endorsements of the linked entities, nor do we warrant, endorse, or
approve any linked information or entity; and the existence of any particular link is simply
intended to imply potential interest to the reader. If, in your interactions with the Offering, you
are linked or directed to, or click on, a third-party website, we cannot control what information
you may provide to that party or on that website, and we are not responsible for how that party may
use or disclose any information you may provide to them. This is not as an endorsement by us of any
third-party website, content that may be offered on such third-party website, or of any products or
services provided by such third-party. We do not control, nor are we responsible for, such
third-party website, product or service offerings. As such, we urge that you exercise caution before
providing them with your information and to review the third-party’s policies and procedures.
You should contact the website administrator for such third-party website if you have any
complaints, claims, concerns or questions regarding such third-party website or its privacy
practices.
Indemnification.
To the fullest extent permitted under applicable law, you agree to indemnify, defend and hold
Company and our partners, employees, and affiliates, and our respective successors and assigns,
harmless from and against any and all claims, demands, causes of actions, debt, liabilities,
damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees), to the
extent that such action is based on, arises out of, or relates to (a) your violation of this
Agreement; (b) your use of (or inability to use) the Offering; and (c) any other activities of yours
accomplished using our the Offering. You shall not settle any such claim without the prior written
consent of Company.
Disclaimer.
(a) Any decisions you makes on the basis of the Offering or any content provided through the
Offering are made solely at your own risk. We have no responsibility or liability arising
from such decisions.
(b) THE INFORMATION PROVIDED ON AND THROUGH THE OFFERING IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS. YOU AGREE THAT USE OF THE OFFERING IS AT YOUR SOLE RISK. COMPANY EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES,
STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW
LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE
REMEDY RELATING TO YOUR USE OF THE OFFERING SHALL BE TO DISCONTINUE USING THE OFFERING.
Limitation of Liability.
(a) UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS,
LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE OFFERING, YOUR OFFERING USE, OR THE
CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE OFFERING, CONTENT OR THE SERVICES IS TO CEASE ALL OF YOUR USE OF
THE OFFERING.
(b) These limitations of liability shall apply even if a limited remedy fails of its
essential purpose. The limitation of liability herein applies to all liabilities in the
aggregate, including, without limitation, those resulting from your use or your inability to
use the Offering, or from any third party websites, including from any Virus that may be
transmitted in connection therewith, or any other matter arising from or relating to the
Offering. You may have additional rights under certain laws (including consumer laws) which
do not allow the exclusion of implied warranties, or the exclusion or limitation of certain
damages. If these laws apply to you, the exclusions or limitations in this Agreement that
directly conflict with such laws may not apply to you. In the event the foregoing exclusion
of liability is determined, in whole or in part, to be invalid or unenforceable, then
Company’s liability arising in connection with the Offering, or under this Agreement whether
in contract, tort (including without limitation negligence, strict liability and other
actions in contract or tort) or otherwise, shall not exceed, under any circumstances, the
amount of fees paid to the Company in the twelve (12) month period immediately preceding the
event giving rise to the claim. THIS PROVISION SHALL HAVE NO EFFECT ON THE CHOICE OF LAW
PROVISION SET FORTH BELOW.
(c) You may have additional rights under certain laws (including consumer laws) which do not
allow the exclusion of implied warranties, or the exclusion or limitation of certain
damages. If these laws apply to you, the exclusions or limitations in this Agreement that
directly conflict with such laws may not apply to you.
Termination.
Company may terminate this Agreement or the Offering at any time, or any portion thereof, with or
without notice, for any reason. Upon any such termination or suspension, your right to use the
Offering and our services will immediately cease, and we may, without liability to you or any
third-party, immediately deactivate or delete all associated materials, without any obligation to
provide any further access to such materials. Termination of this Agreement shall not limit Company
from pursuing other remedies available to it, including injunctive relief, nor shall such
termination relieve your obligation to pay all fees that have accrued or are otherwise owed by you
under this Agreement. Any provision of this Agreement which expressly or by its nature survives
termination or expiration, or which contemplates performance or observance subsequent to termination
or expiration of this Agreement, will survive the termination or expiration of this Agreement and
continue in full force and effect thereafter.
Force Majeure.
It shall not be a material breach of this Agreement, and neither party shall be liable to the other,
if prevented from performing its duties or responsibilities under this Agreement, excluding payment
of fees, by reason of any fire or other casualty, acts of God, earthquake, floods, explosions,
interrupted power supply, attacks on technology infrastructure, sabotage, war, riots, acts of
terrorism; inability to procure or a general shortage of labor, equipment, facilities, materials or
supplies in the open market; strikes, court orders, laws, regulations, or orders of government or
military authorities; pandemic, or any other cause not within the reasonable control of such party
whose performance is delayed.
Governing Law and Jurisdiction.
(a) You agree that the laws of the state of New York, without regard to conflicts of laws
provisions will govern this Agreement and any dispute that may arise between you and Company
or its affiliates.
(b) The parties agree and hereby submit to the exclusive jurisdiction and venue of the
appropriate state and federal courts located in the state of New York, with respect to such
matters.
(c) Regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to the Offering must be filed or otherwise commenced within one (1) year
after such claim or cause of action arose or be forever barred.
Notices.
Company may give notice by means of a notification on the Offering or through electronic mail to
your e-mail address on file with Company, or by written communication sent by first class mail or
pre-paid post to your address on file with Company. You may give notice to Company at any time by
e-mailing company at our contact e-mail provided in Section 31 below. All notices shall be deemed to
have been given five days after mailing if sent by first class mail. Any notice of material breach
shall clearly define the breach including the specific contractual obligation that has been
breached.
Severability.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be
unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force and effect.
Waiver.
The failure of Company to exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in
writing and signed by an authorized representative of Company.
Relationship of the Parties.
Nothing contained in this Agreement or your use of the Offering shall be construed to constitute
either party as a partner, joint venturer, distributor, investor, employee or agent of the other
party, nor shall either party hold itself out as such. Neither party has any right or authority to
incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any
kind, express or implied, in the name of or on behalf of the other party, it being intended by both
parties that each shall remain independent contractors responsible for its own actions.
Entire Agreement.
This Agreement, the Privacy Policy and the Additional Terms constitutes the entire agreement between
you and Company and governs the terms and conditions of your use of the Offering, and supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral or written, between
you and Company with respect to this Offering. Notwithstanding the foregoing, you may also be
subject to additional terms and conditions, posted policies, guidelines, or rules that may apply
when you use the Offering.
Contact Information.
BBG Interco. LLC
Address : 238 NE 1st Avenue, Delray Beach, Florida 33444