T&C test coloumns

 

Welcome to the Bivo website, operated by Bivo, LLC. (“Bivo”) and located at drinkbivo.com (the “Site”). Bivo values your business and engagement with our online resources. We can be reached via e-mail at thirsty@drinkbivo.com. The following terms and conditions (“Terms”) and Privacy Policy govern your use of the Site to the exclusion of all other oral or written representations of any kind.

            By accessing, viewing, or using the content, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as Bivo’s Privacy Policy, which is incorporated herein by this reference. You further certify that you are 13 years of age or older and that you are legally competent and have authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the Site or any content, products or services made available on or through the Site (collectively, the “Services”) shall be conclusive evidence of your agreement to these Terms. If you are under thirteen years old, are not competent to enter this agreement, or if you disagree with, do not understand, or object to any of these Terms, you must immediately discontinue your use of this Site.

1. Account Registration and Order Placement.

            In order to access certain content, material, products or services on the Site, you may be required to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a username and password. You may also be required to provide Bivo with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are solely responsible for ensuring that your password and account login are kept secret, safe, and secure. Bivo will not be liable for any misuse of your account if a third party has access to and uses your password and account login.

            When placing an order through the Site, you will again be required to provide personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Bivo or its third-party providers at this time for security and anti-fraud purposes. You represent and warrant that the personal information you provide to us via the Site is true, valid, complete and up-to-date, and you confirm that you are the person referred to in the shipping and billing information provided. Should any of the information you provide us, you should promptly login to your account and update such information directly on the Site.

            Any personal information that you provide to us via the Site is subject to our Privacy Policy.

2. Purchases.

            By purchasing products or services made available through the Site, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you may not register an account or make a purchase through Site. Bivo may use a third-party payment processor to process credit card transactions made through the Site. You are responsible for paying any governmental taxes imposed in connection with your use of the Site or the purchase or any products or services made available through the Site. To the extent that Bivo is obligated by law to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our shipping and return policies, which will be made available to you on the Site. Bivo will refund purchases only if product is returned within 30 days in new condition. Bivo will replace product that is factory defective at any time.

3. Restrictions on Use.

            You agree to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws and regulations.

            You agree not to do or attempt to do any of the any of the following:

            (a)        Access any of the Services by any means other than through the interface that is provided by Bivo;

            (b)       Gain unauthorized access to Bivo’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Bivo’s networks and computer systems;

            (c)        Access the Site or the Services through any automated means or with any automated features or devices;

            (d)       Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

            (e)        Reproduce, duplicate, copy, sell, trade, or resell any aspect or design feature of the Site for any purpose; and

            (f)        Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, trade name, or logo owned by Bivo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos, or that may dilute, diminish, or otherwise devalue Bivo’s products, branding, or trade name.

            (g)       Alter or modify any content or information on the Site.

            Violation of this section will be pursued the appropriate legal action to the full extent of the law.

4. Content.

            You agree that Bivo owns or licenses all information, materials, web infrastructure, organization, and all other content displayed on the Site (collectively, the “Content”). All Content is protected pursuant to all applicable laws governing ownership and use of intellectual property. Use of Bivo’s Content is prohibited and may violate federal and state trademark or copyright law. You agree that you have no rights of any kind in or to the Content.

            Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent and warrant that Bivo’s use of the Comments, will not: (a) infringe any intellectual property, privacy, or other rights of any person or entity; (b) violate any law or regulation of any applicable jurisdiction; (c) violate any private or public agreement; or (d) constitute a disclosure of confidential information owned by or licensed to any third-party. Upon submission of Comments to Bivo, you grant us a worldwide, perpetual, irrevocable, transferable, license to use, distribute, modify, create derivative works based upon, and sublicense the Comments, all without compensation to you. Bivo has no obligation to: (a) preserve Comments; (b) maintain Comments in confidence; (c) compensate you for your Comments; or (d) respond to Comments.

5. Errors and Omissions.

            The Site may from time to time contain inaccuracies or omissions that relate to product descriptions, pricing, promotions, offers, and availability. Bivo reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time (including after order placement) without prior notice.

6. Warranties Disclaimed; Use of Site at Your Own Risk.

            Bivo may limit the items offered on the Site at any time, without prior notice. Bivo may alter the terms or duration of any special offer or sale promotion. Bivo is not liable in case of product unavailability. Bivo cannot guarantee and does not warrant that the color of any product will accurately match that your computer monitor's display.

            Bivo disclaims all warranties, express or implied, regarding the Site’s content, functionality, or fitness for your use. Without limitation, Bivo does not warrant that: (a) the Site, Services, Content, information or links provided on the Site will meet your requirements; (b) your use of the Site will be uninterrupted, timely, secure or free from error; (c) defects in the operation or functionality of any software provided to you will be corrected. No advice or information obtained by you from Bivo or through the Site shall create any warranty.

            You understand that the processing and transmission of any Content and Comments may be transferred unencrypted. Bivo does not guarantee or warrant the security or confidentiality of any information sent to or from the Site. Bivo shall not be liable for: (a) any error, omission, deletion, defect, delay, theft, destruction, unauthorized access to, or alteration of, any communication made through the Site; and (b) technical malfunction of any online service provider, computer equipment, software, email, or internet traffic, that may result in injury or damage to any person’s computer related to or resulting from your use of the Site.

            YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. No conditions, warranties or other terms (express or implied) apply to your use of the Site, Content or Services except as expressly set out in these Terms.

7. Limitation of Liability.

            BIVO’S LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF OR PURCHASE THROUGH THE SITE SHALL NOT EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF YOUR CLAIM DOES NOT INVOLVE THE PURCHASE OF ANY PRODUCT OR SERVICE, BIVO’S TOTAL LIABILITY SHALL NOT EXCEED $250. IN NO EVENT SHALL BIVO BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, NONECONOMIC, EXEMPLARY OR PUNITIVE DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS OF ANY TYPE, REGARDLESS OF THE LEGAL THEORY ASSERTED. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON THAT PART SHALL BE SEVERED, THE REMAINDER OF THIS LIMITATION OF LIABILITY SHALL REMAIN IN FORCE. IF ANY PART OF THIS LIMITATION OF LIABILITY IS SEVERED DUE TO INVALIDITY OR UNENFORCEABILITY, A SUBSTITUTE PROVISION SHALL BE ENFORCED IN PLACE OF THE SEVERED PART THAT COMES CLOSEST TO EFFECTUATING THE PARTIES’ INTENT, WHICH IS TO LIMIT BIVO’S LIABILITY AS STATED HEREIN OR OTHERWISE TO THE MAXIMUM EXTENT ALLOWED BY LAW.

            IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.

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