Thank you for visiting our Beveragette Ventures LLC website. Beveragette maintains this website (together with any other Beveragette website or Beveragette sponsored websites, the “Site”) for your personal information, education, entertainment, consumption and communication.
Your access to and use of the Site and/or the use of any services or products offered by Beveragette (collectively, the “Services”), are subject to these Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and Beveragette regarding the subject matter of this Site are superseded and of no force or effect.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. BEVERAGETTE MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME AND IN ANY MANNER, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE POSTED ON OUR WEBSITES, TRANSMITTED BY EMAIL OR OTHERWISE. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFICATIONS.
1. Limited License; Use of Services
Beveragette grants to you a limited personal, non-exclusive, non-transferable, royalty-free license, without right to sublicense, to access the Sites and use the Services set forth thereon. Unless otherwise specified in advance in writing, the Services are for your personal and non-commercial use only. For the avoidance of doubt, the Services shall also include, without limitation, email services, bulletin and support groups, chat areas, news groups, forums, communities, calendars, surveys, promotions and various other message communication applications.
2. Submissions to the Site
Any non-personal information, communications or material you submit to Beveragette at this Site, by e-mail, download, or otherwise (“Submission”), is not confidential, and Beveragette is free to use and reproduce such Submission freely, and for any purpose. Specifically, Beveragette is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing its products and services. Any such use is without compensation to the person making the submission. Notwithstanding any acceptance by Beveragette of your submission or express agreement to keep it confidential or not use it, Beveragette does not waive any rights it may have to similar or related ideas previously known to Beveragette or developed by its employees, or obtained from sources other than you.
You further acknowledge and warrant that any Submission made by you contains only your own material and content or material and content to which you have undeniable use rights, and that Beveragette’s use will not violate any third party’s rights. Beveragette is under no obligation to use any Submission.
The provisions of this Section shall survive any termination of your relationship with Beveragette for any reason.
3. Prohibited Activities
You may not use the Site or the Services in any manner that could damage, disable, overburden or impair Beveragette’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or the Services. Further, you are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Beveragette will fully cooperate with any law enforcement authorities or court order requesting or directing Beveragette to disclose the identity of anyone posting any such information or materials. Beveragette may remove Postings at any time, and for any or no reason.
You further acknowledge and agree that, in connection with your use of the Sites and/or the Services, you will not:
(a) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;
(b) access the Sites or Services by any means other than through the standard industry-accepted or Beveragette-provided interfaces;
© transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
(d) impersonate any person or entity, including without limitation, an Beveragette official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
(e) post or transmit any material that contains a virus or corrupted data;
(f) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
(g) use any Site or Service’s communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
(h) post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
(i) violate any applicable local, state, national or international law;
(j) upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(k) delete or revise any material posted by any other person or entity;
(l) manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;
(m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Beveragette product or Service if you are not expressly authorized by such party to do so;
(n) use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions;
(o) attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to Beveragette through hacking, password mining or any other means; or
(p) obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Sites or the Services.
4. Billing and Renewal Transactions and Policies
Certain Services may be offered for sale on the Sites. In the event you wish to purchase or to subscribe for any of these Services, you will be asked by Beveragette or an authorized third party to supply certain information, including without limitation, your full name, mailing address, email address, telephone number and credit card information. You agree to provide Beveragette or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the Service. You agree to be responsible for all charges incurred through your account as well as pay any applicable taxes.
Some Services offered by Beveragette are subscription-based services. If you open a subscription-based account on any of Beveragette’s Sites, you agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Beveragette reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any or no reason.
5. Automatic Renewal Terms
Your subscription will be automatically renewed and your credit card will be automatically charged on a monthly or quarterly basis, depending upon the billing terms for your account, for as long as you remain subscribed. You agree that Beveragette will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the Services (including any specific product) is conditional upon our receipt of payment in full. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating all of Beveragette’s obligations to you regarding the Services or otherwise. You are required to pay any amounts still owed to us immediately at the time your account is suspended or terminated.
In the event you elect to terminate your subscription or any recurring purchase of Services by notifying a Beveragette customer service representative at 1-800-961-6060, Monday through Friday, 9 a.m. to 8 p.m. eastern time, you will be entitled to receive, on request, any refunds available to you for Services not yet provided. In no circumstance will terminations be retroactive. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any Beveragette account, you hereby agree that Beveragette may charge these unpaid fees to your credit card.
6. Support Groups and Chat Rooms
Beveragette hosts support groups, chats and other public forums on its Sites. Any user failing to comply with these Terms and Conditions may be expelled from and refused continued access to, the support groups, chats or other public forums. Beveragette or its designated agents may remove or alter any user-created content at any time for any or no reason. Support groups, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Beveragette staff, Beveragette’s outside contributors, or by users not connected with Beveragette, some of whom may employ anonymous user names. Beveragette expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advise, information or statement made or displayed in these forums by third parties, and will not be responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, owners, directors, officers, employees or representatives be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Beveragette or any of its subsidiaries or affiliates, owners, directors, officers or employees.
7. Monitoring
Although Beveragette has the absolute right to, and may from time to time at our sole discretion, monitor or review content or postings related to any discussions, chats, transmissions, support groups, bulletin boards, other public forums and the like on the Site (“Postings”), Beveragette is under no obligation whatsoever to do so and assumes no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Site. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our customers, vendors, sponsors, users and visitors.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations, to which you must adhere.
8. Third Party Content
In general, most of the content contained on any of the Sites or Services is supplied by third parties and users. Accordingly, Beveragette is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Beveragette. Neither Beveragette nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, none of Beveragette, our affiliates, owners, directors, officers, employees or representatives endorses or is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or Services by anyone other than an authorized Beveragette representative while acting in his/her official capacity.
9. Contests, Promotions and Games
Beveragette may from time to time provide contests, promotions and games on its Sites. The rules, regulations and procedures governing any of the foregoing will be accessible through a hypertext link prominently displayed on the web page where the contest, promotion or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating. Children under the age of 13 are not to use the Site or participate in any such contests, promotions or games without the prior consent of a parent.
10. Accounts, Passwords and Security
If any of the Sites or Services require you to open an account, you must complete the registration process by providing Beveragette with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Beveragette which is untrue, inaccurate, not current or incomplete, Beveragette reserves the right to terminate your continued access and use of the Sites and/or the Services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password.
FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Beveragette immediately of any unauthorized use of your account or any other breach of security. Beveragette will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you acknowledge and agree that you will be held liable for any losses incurred by Beveragette, and possibly another party, due to someone else using your account or password.
11. Disclaimer Regarding Links
The links on any of the Sites and/or Services will let you leave the particular Site or Service you are accessing in order to access a link to another website (the “Linked Sites”). Beveragette provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor have we reviewed or approved the content which appears on the Linked Sites. Your linking to any other website is at your own risk. Please be mindful of this as you link to other outside websites.
In general, Beveragette does not object to links to this Site from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of Beveragette’s trademarks, logos or slogans in or with your links. Do not present the link to this Site in any way that suggests Beveragette has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with Beveragette to do so. You may link to this Site using the plain text name of the Site. Link only to the home page of this Site. Do not, without Beveragette’s prior written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any Beveragette names, trademarks, slogans, or any other words or codes identifying Beveragette Site in any “metatag”. Beveragette will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Beveragette or its Services (including its products). Beveragette reserves the right to cancel permission to link at any time, for any reason.
None of Beveragette, our affiliates, owners, directors, officers, employees or representatives is responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, information or other materials on or available from any Linked Sites or links to this Site. You acknowledge and agree that none of Beveragette, our affiliates, owners, directors, officers, employees or representatives shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites or links to this Site.
12. Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You acknowledge and agree that none of Beveragette, our affiliates, owners, directors, officers, employees or representatives is responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
13. Proprietary Rights
You acknowledge and agree that the Sites and Services, including the content thereof, contain our proprietary and confidential information that is protected by applicable intellectual property and other laws, and is the sole property of Beveragette or its express licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Beveragette, its Services or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Further, the trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on the Site belong to Beveragette or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Beveragette may aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
You may download only material displayed and identified on the Sites as specifically available for downloading. Such material is for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use any content of the Sites or the Services for public or commercial purposes, including the text, images, audio and video without Beveragette’s written permission.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sub licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Beveragette shall be fully paid-up and royalty free. In addition, under no circumstances shall Beveragette have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of Beveragette’s business through a merger, sale or transfer of all or substantially all of the assets of Beveragette, or in connection with a corporate reorganization, insolvency proceeding or similar event, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to any subscriber or user.
None of the Submission Materials disclosed or posted via support groups, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Beveragette’s part and none of Beveragette, our affiliates, owners, directors, officers, employees or representatives shall be liable for any use or disclosure of any such Submission Materials.
14. Copyright Policy
Beveragette respects the intellectual property of others, and we ask our users to do the same. Beveragette may, at its sole discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who it believes may infringe the copyright rights of others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Beveragette infringe your copyright, you or your agent may notify Beveragette by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. sec. 512) to our copyright agent as set forth below:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit service provider to locate the material;
4. Information reasonably sufficient to permit service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Beveragette actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Beveragette a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
Beveragette’s Copyright Agent for notice of claims of copyright infringement and counter-notices can be reached as follows:
Ruttler IP Law PLLC
One Union Square
600 University Street Ste. 1919
Seattle, WA 98101
Attn: Jim Ruttler, Esq.
Telephone: (206) 838-6400
E-mail for notice: jim@ruttlerlaw.com.
Please be aware that there can be penalties for making false claims under the DMCA, so we suggest you consult your legal advisor before filing a notice or counter-notice.
15. Privacy Policy
Beveragette’s policy with respect to the collection and use of your personally identifiable information is set forth at http://www.drinkgem.com/privacypolicy. Along with these Terms and Conditions, we strongly encourage you to read our Privacy Policy, which is incorporated as part of these Terms and Conditions, and refer to it before you submit any personal information on our Sites. By agreeing to these Terms and Conditions you acknowledge and agree to the terms of our Privacy Policy.
16. Disclaimer of Warranties
THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEVERAGETTE AND OUR AFFILIATES, SUPPLIERS, VENDORS, CONTRACTORS, AGENTS AND REPRESENTATIVES DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. YOUR BROWSING AND USE OF THE SITES AND THE SERVICES (INCLUDING PRODUCTS) AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK; WHICH YOU ACKNOWLEDGE BY ACCEPTING THESE TERMS AND CONDITIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU; CHECK YOUR LOCAL LAWS.
17. Limitation of Liability
NEITHER BEVERAGETTE NOR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO: (i) THE BROWSING OR USE OF OR INABILITY TO BROSE OR USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, ALTERATION OR REMOVAL OF ANY CONTENT ON THE SITES OR THE SERVICES, OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES (INCLUDING THE PRODUCTS). IN NO EVENT SHALL BEVERAGETTE’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE, AND INCLUDING ATTORNEYS’ FEES AND EXPENSES) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES.
ADDITIONALLY, SOFTWARE FROM THE SITES MAY BE FURTHER SUBJECT TO UNITED STATES EXPORT LAWS, RULES AND REGULATIONS, AS AMENDED FROM TIME TO TIME. NO SOFTWARE FROM THIS SITE MAY BE DOWNLOADED OR EXPORTED (i) INTO (OR TO A NATIONAL OR RESIDENT OF) ANY COUNTRY OR JURISDICTION WHICH THE UNITED STATES HAS EMBARGOED GOODS, INCLUDING WITHOUT LIMITATION, CUBA, IRAQ, LIBYA, NORTH KOREA, IRAN, SYRIA, SUDAN; OR (ii) ANYONE ON THE UNITED STATES TREASURY DEPARTMENT’S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT’S TABLE OF DENY ORDERS. BY DOWNLOADING OR USING THE SOFTWARE AND THE SITES, YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY OR ON ANY SUCH LIST.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF YOUR RELATIONSHIP WITH BEVERAGETTE FOR ANY REASON.
18. Professional Advice Disclaimer
INFORMATION PRESENTED ON THE SITES IS INTENDED TO IMPART HEALTH, FITNESS AND NUTRITIONAL INFORMATION GENERALLY, AND IS DESIGNED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL OF YOUR CHOICE. FURTHER, YOU SHOULD CONSULT YOUR PHYSICIAN PRIOR TO UNDERTAKING THE USE OF OUR PRODUCTS. ADVANCE CONSULTATION WITH YOUR PHYSICIAN IS PARTICULARLY IMPORTANT IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD, PREGNANT, BREASTFEEDING, OR HAVE HEALTH PROBLEMS. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON, OR IMPLIED FROM, THIS SITE. THE BROWSING AND USE OF ANY INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT CERTAIN OF BEVERAGETTE’S SITES MAY BE CLEARLY DIRECTED TO MEDICAL PROFESSIONALS AND THE INFORMATION CONTAINED ON THESE SITES IS NOT INTENDED FOR GENERAL AUDIENCES.
NOTHING STATED OR POSTED ON THE SITES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES HEREOF, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY AND PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND NONE OF BEVERAGETTE, OUR AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES MAKES ANY WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE SITES. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SITES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
19. Indemnification
You agree to indemnify, defend, and hold Beveragette and its subsidiaries, affiliates, owners, officers, directors, employees, agents, representatives, contractors, co-branders or other partners and assignees harmless from and against any and all claims, damages, losses, costs or expenses (including attorneys’ fees and disbursements) which arise directly or indirectly out of or from: (i) your breach of these Terms and Conditions, (ii) any allegation that any materials you submit to Beveragette or post on any forums (e.g., support groups, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your browsing, access or use of the Sites and/or the Services. The provisions of this Section shall survive any termination of your relationship with Beveragette for any reason.
20. Jurisdictional Issues
Beveragette makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from such locations do so on their own initiative and at their own risk, and are completely responsible for compliance with local laws, if and to the extent applicable. Beveragette reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide for any or no reason.
21. Termination
These Terms and Conditions shall remain effective regardless of the termination of your relationship with Beveragette or use of the Sites or Services. You agree that Beveragette, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any or no reason. You agree that any actions taken under this provision may be effective without prior notice to you. In the event of termination, however, those provisions of these Terms and Conditions which provide for continuing obligations on your part shall survive indefinitely.
22. Money Back Guarantee
GEM™ Keep it cool™, and all GEM™ products, are backed by our exclusive GEM™ 32 day Money-Back Guarantee. Just try GEM™ for 32 days. If you are not completely satisfied with the results, simply return the bottles, even if they are empty, for a complete refund of the purchase price (less shipping and handling costs). You may cancel your orders at any time.
To obtain a refund, you must do the following: Contact our customer care center by phone at (800) 983-8131 on or before your 32 day trial is completed. You will be given a Return Merchandise Authorization (RMA) number. This RMA number is valid for 30 days (from time of RMA receipt) and must be written on the outside of the box containing the returned product. To receive your refund, you must return and we must receive the returned product within this 30 day period, i.e., before the RMA number expires. Please be sure to write the return merchandise authorization (RMA) number on the outside of the box. The customer is responsible for return shipping. Our customer care hours are Monday-Friday 6 am – 5pm PST, and weekends 6 am – 2 pm PST for your convenience.
To return your products, place the empty bottles in a box with your original invoice, write your RMA number on the top and send it to us. If you return a package, we recommend that you keep proof of shipment. A refund will be issued to your credit card upon receipt of your returned product with a valid RMA number. Please allow 1-2 billing cycles from the day you return your package for your account to be credited. You may cancel your orders at any time.
Please ship your return with clearly marked RMA # to:
Drink Gem
7850 Ruffner Avenue
Dept. 4000
Van Nuys, CA 91406
updated: 12/28/09
23. Club GEM™ Auto-Replenishment Program Details
By selecting the special Club GEM™ Auto-Replenishment Program introductory price, you will continue to receive a 32-day supply every month, at the low price of just $99.95 per shipment with FREE SHIPPING, which will automatically be billed to your credit card. That’s just over $3 a day for getting your life back! As always, your purchase comes with our exclusive GEM™ 32-Day Money-Back Guarantee (less S&H). Simply return the bottles to us, even if they are empty. Your satisfaction is guaranteed.
You may cancel your membership to Club GEM™ and shipments at any time. Your subsequent order will not be shipped or billed. Cancellation of this program must be done by calling one of our friendly customer care agents at 1-800-983-8131. Email cancellation requests are not accepted since they do not serve you best.
24. General Information
These Terms and Conditions, and our Privacy Policy, constitute the entire agreement and understanding between you and Beveragette with respect to their subject matter, govern your browsing and use of the Sites and the Services and supersede any prior agreement, representations or understandings (whether oral or written and whether express or implied) between you and Beveragette. In the event of any actual or perceived inconsistency between these Terms and Conditions and the Privacy Policy, the provisions of these Terms and Conditions shall control. These Terms and Conditions and the relationship between you and Beveragette shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within King County, in the State of Washington, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Beveragette to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that particular provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver or inaction by Beveragette of any breach or default of these Terms and Conditions shall be deemed a waiver of any preceding or subsequent breach or default.
CONTACT US
If you have any questions or comments regarding these Terms and Conditions, please contact us at:
Beveragette Ventures LLC
Customer Service Center
704 228th Avenue NE, #624
Sammamish, WA 98074
Copyright © 2009 Beveragette Ventures, LLC.
The material on this web site is provided for informational and educational purposes only, and is not to be used for medical advice, diagnosis or treatment. Use of this site is subject to our Terms and Conditions and Privacy Policy.