Terms and Conditions

 

BEVMAX CLUBS TERMS OF USE

Last Updated: 10/08/20

PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE THIS WEBSITE www.bevmaxclubs.com

(“SITE”) CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE SITE AND ALL SERVICES OFFERED THROUGH THE SITE.

 

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

 

Additionally, we encourage you to drink responsibly. If you choose to consume adult beverages, please do so prudently. ESPECAILLY, DO NOT DRINK AND DRIVE.

 

  1. Acceptance of Terms and Conditions
  1. The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.bevmaxclubs.comm, which includes, without limitation, the landing page, the home page, the splash page, and all other pages under the same domain name, and all content thereon (the “Site” or “Website”) as provided by BevMax Clubs (“BevMax Clubs” or “we” or “us”). BY USING THIS SITE, YOU AGREE AND ACKNOWLEDGE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. Each time you use the Site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
  2. Updates to Terms and Conditions
  3. At the sole discretion of BevMax Clubs, we reserve the right to change the Terms and Conditions from time to time and at any time without notice to you, by posting the most current version of the Terms and Conditions on the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. If you do not agree to such changes, you must discontinue using the Site.
  4. Service

    A. This Site is intended only for the use of persons who are 21 years of age or older and legally reside in the United States. You must be 21 years of age or older to access or otherwise use this Site. Persons under 21 years of age are prohibited from using this Site in any way. If you consider any material on this Site to be offensive, inappropriate or rude, please do not visit this Site.
  5. This Site is intended for your personal, noncommercial use in accordance with these Terms and Conditions. You agree to have no more than one account and to not sell, trade or transfer that account to any other person. You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by BevMax Clubs and that you will not access BevMax Clubs by any other means other than through the interface provided.
  6. In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to BevMax Clubs will always be accurate, correct and up to date.
    You agree that you will not reproduce, copy, sell, barter, or trade any information you access on BevMax Clubs. You also agree that you will not use the Site in whole or part, for any commercial purpose, including, but not limited to, selling, reselling, bartering, distributing, disposing or otherwise transferring any product obtained through the Site, in violation of these Terms and/or Federal, State and Local laws & regulations.
  7. You also agree to take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or otherwise exceed the limited access granted to you by BevMax Clubs.
  8. You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage BevMax Clubs may suffer. You also agree that BevMax Clubs has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.
  9. Transactions

    A. BevMax Clubs relies on a network of independent retailers, vendors, manufacturers, and other licensed parties (collectively, “Vendors”) who sell the products and services available on BevMax Clubs. Each product or service listed on BevMax Clubs is not an offer to purchase such product or service but an invitation to make an offer. You acknowledge and agree that BevMax Clubs does not sell, offer to sell, invite to sell, fulfill, or solicit any offers. IN ALL INSTANCES, ALL SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, FULFILLED AND DELIVERED BY VENDORS WHO RECEIVE ALL ORDERS. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. If you wish to purchase any product or service made available by a Vendor, you may be asked to supply certain information relevant to the purchase including, without limitation, your credit card information, your billing address and your shipping information. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction. By submitting such information, you grant to BevMax Clubs and to Vendors the right to provide such information to third parties consistent with our privacy policy and their privacy policies. If you have any questions regarding a Vendor’s privacy policy, please email clubs@bevmax.com before purchasing a product.
  10. In connection with each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. By placing an order, you represent that you are 21 years of age or older and you authorize our Vendors to act on your behalf to engage a common carrier to deliver your order where you want it delivered. Sales by certain Vendors are made at the premises of the Vendor and title passes to you at the premises of the Vendor. If you have any questions regarding where a sale is being made, please email clubs@bevmax.com  before purchasing the product. BevMax Clubs and our Vendors make no representation as to the right of any person to import any product into any state. Some state regulations require a business address for shipment and in those states, you represent that the address you have provided is a business address.

 

 

  1. BevMax Clubs displays suggested retail prices and product availability for goods and services advertised based on pricing and inventory information available to us and provided to us by our Vendors. We make no representation or promise as to the reliability or accuracy of such information.
  2. Despite our best efforts, a small number of the items on our Site may be mispriced. If an item’s correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
  3. Additionally, despite our best efforts, a small number of the items on our Site may be listed as available when they are in fact not currently in stock by one of our vendors. If an item’s availability is incorrectly listed, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
  4. Any packages that are refused or unable to be delivered by our common carriers will be returned to the Vendor at your expense. We will refund to you any product costs minus shipping costs.
  5. Additionally, when delivery of packages by our common carriers are refused and/or are unable to be delivered on first attempt, additional delivery costs are incurred. All additional costs associated with any additional delivery attempts will be incurred at your sole expense.
  6. All invitations to make an offer for a product featuring free shipping are invitations to make an offer for a product that includes the cost of shipping in the price of such product.
  7. BevMax Clubs has affiliated legal entities that may provide services to you on behalf of BevMax Clubs. You acknowledge and agree that such affiliates are entitled to provide services to you.
  8. BevMax Clubs is constantly innovating in Terms and Conditions it provides. You acknowledge and agree that the form and nature of these Terms and Conditions may change at any time without prior notice to you and acknowledge and agree to accept the new terms so long as they are updated here.
     
  9. Returns
     
    A. The products and services sold on this Site are sold by the Vendors and subject to their privacy and shipping policies. Due to state regulations, our Vendors are unable to accept the return of any product purchased by a customer in error.

 

 

  1. Account, Passwords, Privacy and Security

    A. You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.
  2. You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorized use of account information, you agree to notify us immediately at clubs@bevmax.com.
  3. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
  4. You acknowledge that you have read, understood, and will comply with the terms of our privacy policy and these Terms and Conditions.
  5. This Site is governed by the terms and conditions set out in our privacy policy found at www.bevmaxclubs.comm.
  6. Intellectual Property

    A. You acknowledge and agree that all information (the “Information”) that you have access to may be protected by the intellectual property rights of BevMax Clubs, our Vendors or third parties. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.
  7. As between you and the BevMax Clubs, we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in writing. If you make other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

 

 

  1. We do not grant any license or other authorization to any member of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site except as provided herein. Except for allowing you to use the Site for your personal use as set forth in these Terms and Conditions, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of BevMax Clubs.
  2. Unless specifically requested, BevMax Clubs does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to BevMax Clubs will be deemed not to be confidential or secret. By submitting or sending information, material or content in any form to the Site, for instance, in the form of a review, testimonial, comment, or picture, (“User Content”) to BevMax Clubs you represent and warrant that the information is original from you and that no other party has any rights to the material. By submitting or sending information, material or content in any form to the Site you grant to us and our licensees and successors in business a perpetual, worldwide, royalty-free, fully-paid and non-exclusive license to reproduce, publish, perform, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content (at our sole discretion) for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the User Content without your prior approval or the payment of any compensation. By submitting, transmitting, posting or uploading any User Content to this Site, you represent and warrant that: (i) you are solely responsible for the User Content that you provide, (ii) you own or otherwise have the right to grant the license set forth above with respect to such User Content, (iii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person, (iv) such User Content is not libelous, abusive, obscene, or otherwise in violation of applicable local, federal, or international laws and regulations, and (v) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on this Site. You also warrant that any “moral rights” in posted materials have been waived.
  3. Communications

    A. When you place an order or when becoming a Customer or otherwise providing an email address to us, you will receive online communications from BevMax Clubs. To unsubscribe from any BevMax Clubs email marketing list, simply click on the “Unsubscribe” link at the bottom of the email and your name will be removed from that mailing list. To see how we use your personal information, please refer to our Privacy Policy.

You acknowledge that text alerts may be sent to the mobile phone number you provide to BevMax Clubs. Such alerts may include limited personal information about your purchases, and whoever has access to the mobile phone or carrier account will also be able to see this information. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about your purchases, new product updates, and special promotion information. BevMax Clubs does not impose a separate charge for text alerts; however, your mobile carrier's message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges. You may opt out of BevMax Clubs text alerts at any time. After you submit a request to unsubscribe, you will receive one final text alert from BevMax Clubs confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you re-consent to receiving them. For questions about text alerts contact clubs@bevmax.com.
 
The BevMax Clubs text alert program is offered on an "as is" basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. BevMax Clubs may change or discontinue any of its text alert programs without notice or liability to you. BevMax Clubs and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any BevMax Clubs text alert program or from technical failures or delays of any kind. BevMax Clubs reserves the right to cease delivery of text alerts to any person at any time in its sole discretion.

  1. Advertising

    A. The Site may be supported by advertising revenue. These advertisements may be targeted to members based on their membership history, purchase history or site activity.
  2. The manner, mode, and extent of advertising by BevMax Clubs is subject to change without notice.
  3. Links

    A. You may be able to access other websites or resources through links on the Site. Because BevMax Clubs has no control over such sites and resources, you acknowledge and agree BevMax Clubs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials from such sites or resources to which you may link from the Site (“Linked Sites”). BevMax Clubs does not author, edit, or monitor these Linked Sites. You acknowledge and agree that BevMax Clubs is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites or resource.
  4. Gift Certificates, Credits and Invitations

    A. We may, from time to time, offer a credit for new-member referrals (“New Member Credits”). New Member Credits, if any, will be issued by BevMax Clubs and not our Vendors. New Member Credits may only be earned after new members that have been invited by a current member make at least one completed and shipped purchase in the amount of $30 or more within the first 30 days upon receipt of their invitation. New Member Credits carry no cash value and can only be used for purchases on the Site. New Member Credits expire one month from the date of issue and are non-transferrable. New Member Credits granted by any other means other than as a result of the initial, completed and shipped purchase by a new member introduced to BevMax Clubs for the first time by a referring member are in violation of these Terms and Conditions. You may not use spam to obtain referral credits, and you agree not to send invitations to join the Site to people who are under the age of 21, who do not know you or who are unlikely to recognize you as a known contact.
  5. In addition to New Member Credits, we may issue or offer credits for returns and gift certificates. If we choose to offer these, the credits and gift certificates will be issued by BevMax Clubs and not our Vendors and will carry no cash value and will expire (if they expire) on the date specified. Credits and certificates are non-transferrable and may only be used to purchase products and services on the Site. Expired New Member Credits, credits and gift certificates may not be re-activated.
  6. Any referral credit or gift certificate granted in violation of these Terms and Conditions is null and void and subject to immediate cancellation or termination of all referral credits or gift certificates. We reserve the right to modify or amend these Terms and Conditions at any time and the methods by which special promotions or benefits are offered or earned.
  7. You may not participate in any referral, credit or certificate program if any applicable laws or regulations prohibit doing so.
  8. DISCLAIMER OF WARRANTIES

    A. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BEVMAX CLUBS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BEVMAX CLUBS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEVMAX CLUBS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
  9. ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.
  10. LIMITATION OF LIABILITY

    A. IN NO EVENT SHALL BEVMAX CLUBS OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF BEVMAX CLUBS OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SITE (YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE; YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND ANY CHANGE MADE BY BEVMAX CLUBS TO OUR SITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES.
    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
  11. Access to Services

    A. We strive to offer our members and customers a seamless and enjoyable experience by curating a variety of spirits on our site. You understand and agree that your account, membership, or registration in BevMax Clubs is subject to and conditioned upon the following: Your continued adherence to and compliance with these Terms and any future modifications thereto. Your violation of these Terms, or any other agreement between you and BevMax Clubs constitute grounds for immediate termination of your account without further notice at our sole discretion. BevMax Clubs may also terminate your account at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the BevMax Clubs community. Termination of your account will result in cancellation of all rights of access and use of Services granted to Customers. BevMax Clubs reserves the right to change, discontinue or suspend BevMax Clubs or any of the Service at any time for any reason. You may terminate your account or use of the Service at any time by deleting your account information on your account page on the site or sending a request to clubs@bevmax.com. BevMax Clubs shall have decision making in cases of suspected abuse, fraud, or breach of these Terms. Any decision BevMax Clubs makes relating to termination or suspension of any Customer’s account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon the Site or Service with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions titled Disclaimer of Warranties, Liability Limitation, Access to Services, Account, Passwords, Privacy and Security, Intellectual Property, Communications, Transactions, Miscellaneous and BINDING ARBITRATION, CLASS ACTION WAIVER and EQUITABLE RELIEF shall survive any such termination. 
  12. Governing Law/Disputes.

    A. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Connecticut, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by BevMax Clubs for any violation of BevMax Clubs’s proprietary or other rights, any and all disputes relating to these Terms, Privacy Policy, or your use of the Site or the Service shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the “AAA”) before an independent arbitrator designated by the AAA as described below. The location of arbitration shall be Fairfield County, Connecticut, USA.
  13. Miscellaneous

    A. These Terms and Conditions constitute the whole legal agreement between you and BevMax Clubs and govern your use of the Site and completely replace all prior agreements between you and BevMax Clubs in connection with the Site.
    You acknowledge and agree that BevMax Clubs may update these Terms and Conditions or notify you of changes to the Site by email, regular mail, or updates to the Site. Your continued use of this Site indicates your acknowledgement and acceptance of these Terms and Conditions.
  14. You acknowledge and agree that each subsidiary and affiliate of BevMax Clubs shall be third party beneficiaries to the Terms and Conditions and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit upon them. No other party shall be a third-party beneficiary of the Terms. 
  15. The failure of BevMax Clubs to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
  16. 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 the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

 

  1. We control and operate this Site from Connecticut. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  2. When you use this Site, you may purchase a service or product that is provided by another person or company. Your use of these other services and products may be subject to separate terms between you and the company concerned. If so, the Terms and Conditions do not affect your legal relationship with these other companies or individuals.

BINDING ARBITRATION. 

In the event of a dispute arising under or relating to these Terms of Use or the Website (each, a “Dispute”), either you or BevMax Clubs may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER YOU OR BEVMAX CLUBS CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.  All Disputes will be resolved before a neutral arbitrator selected jointly by you and BevMax Clubs, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’s Streamlined Arbitration Rules and Procedures. All applicable JAMS rules and procedures are available at the JAMS website www.jamsadr.comm. Each of you and BevMax Clubs will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.  The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 9 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

 

 

CLASS ACTION WAIVER. 

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

EQUITABLE RELIEF.

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights or confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Connecticut for purposes of any such action by us.