General Terms and Conditions
The submission of information to, and use of, the information services (collectively, the "Service") available through the Bevdog, LLC’s (“Bevdog” TM) website located at www.bevdog.com is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Bevdog, LLC ("Bevdog" or the "Company").
If you do not agree to these Terms and do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: firstname.lastname@example.org. Bevdog may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the Bevdog website.
Membership privileges are granted by Bevdog, LLC to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, associate or affiliate of the customer bar and/or restaurant is permitted to access any of the Password Protected Areas of the Bevdog web site without express written permission from Bevdog, LLC. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Bevdog, LLC. Bevdog, LLC, requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Bevdog system. Members are not permitted to share their individual login information with others. Bevdog has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the Bevdog website, or abuses their rights related to the Bevdog service.
Bevdog, LLC, utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant Bevdog, LLC the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes Bevdog, LLC determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Bevdog will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will Bevdog have any liability for sending any email to its registered users/customers. By becoming a member of Bevdog, you acknowledge and agree that Bevdog, may record telephone and other electronic communications it has with you for Bevdog's internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Specials
Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the Bevdog website. Customer will not post any inappropriate photos or profanity in the photo or text boxes allocated for the customers use in promoting their specials. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active specials on the Bevdog website. Additionally, the Customer agrees to allow submitted listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website, the Bevdog website and other Bevdog partner websites. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Bevdog website and Company shall have the right to modify the listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a listing on the Bevdog system under a name other than the original named customer; (c) agrees to administer the specials provided by the Customer and maintain their accuracy at all times. The Company accepts no responsibility for checking the accuracy of specials or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Bevdog. Bevdog may add digital watermarks to certain parts of your listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.
Use of Information
Customer agrees to treat all information obtained from the Service, including specials, member directory, and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to Bevdog. Customer agrees that Content reserved for customer review will be maintained as confidential and shall be protected as a trade secret of Bevdog. Bevdog does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk.
Customer shall limit access to and use of active specials, member directory, Bevdog newsletters, etc. to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other specials listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the Bevdog Service as part of any effort to compete with Bevdog, including without limitation using the Bevdog Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential Bevdog customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Bevdog Service. Customer shall not use any robot, spider or other automated process to monitor, data mine or copy Bevdog products, services or information; decompile, decode or reverse engineer Bevdog software; or use Bevdog products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.
Passwords/Logins Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. Bevdog, LLC is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, login or password information.
Customer agrees to pay for all products ordered through the Bevdog website or via the Bevdog, LLC sales team using the payment method indicated, and provides Bevdog, LLC express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Bevdog, LLC products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Bevdog, LLC may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled.
Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription with Bevdog, LLC three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with Bevdog, LLC. If Customer has a question about a cancellation, Customer should contact Bevdog, LLC Client Services at info@Bevdog.com or at 480-688-2676. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "Company Login " on the top right corner of the Bevdog home page. Bevdog, LLC does not process credit cards, charge cards or debt cards in house, nor does Bevdog, LLC ever see or have posssession of any credit card, charge card, or debit card information. All credit cards, charge cards and debt cards are processed through Authorize.net.
The Customer must notify Bevdog, LLC about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Bevdog, LLC's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
Unsolicited Commercial Email (Spam)
Bevdog, LLC prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use Bevdog to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Bevdog, LLC has the right to revoke the privileges of any customer or company that breaches these terms.
Bevdog, LLC reserves the right to terminate a Customer's membership at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of Bevdog, LLC services, nonpayment of fees owed by you in connection with Bevdog, LLC services, account inactivity or technical or security issues. Upon termination, Bevdog, LLC shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
Bevdog, LLC retains all rights (including Intellectual Property Rights as defined below), title and interest in the Bevdog, LLC Website, technology and brochures, Bevdog, LLC Newsletters, database, Bevdog, LLC technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Bevdog, LLC's technology or delete or alter author attributes or copyright notices. Customer shall use the Bevdog, LLC system solely for their own use.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL BEVDOG, LLC BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF BEVDOG, LLC'S SERVICES, OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Bevdog, LLC shall not be liable for any person(s) food or alcohol consumption, or reaction to food and/or alcohol consumption based on specials that are offered through Bevdog, LLC’s website, newsletters, texts, face book messages, tweets or any other form of social media promotion. Customer's exclusive remedy, and Bevdog, LLC's entire liability under this Agreement shall be limited to at most a refund to Customer of the fees paid to Bevdog, LLC hereunder, and in no event will Bevdog, LLC's liability for any reason exceed such fee. Bevdog, LLC (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify Bevdog, LLC (and Bevdog, LLC's officers, directors, employees and independent contractors, and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE SPECIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BEVDOG, LLC MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SPECIALS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, AND BEVDOG, LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY. BEVDOG, LLC MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO BEVDOG, LLC'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM BEVDOG, LLC'S WEB SITE, INCLUDING SPECIALS IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BEVDOG, LLC OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Maps and Directions Disclaimer
Links to Third Party Sites
Other Rights of Bevdog, LLC
Customer agrees that Bevdog, LLC shall have the right to use Specials and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by Bevdog, LLC customers and partners. Bevdog, LLC shall have sole authority to choose the manner in which any specials will be received, displayed and used by the Service, and reserves the right to remove all or any part of a special or refuse Services to anyone at any time in its sole discretion. Bevdog, LLC shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Specials. Bevdog, LLC reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Bevdog, LLC's corporate web site, located at http://www.Bevdog.com.
This Agreement, and the Deliverables provided by Bevdog, LLC, shall be governed by the laws of the State of Arizona, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Maricopa County, Arizona for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Bevdog, LLC, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of Bevdog, LLC to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.
Bevdog, LLC agrees to allow Customers access to post establishment's basic information and specials via our website and smart phone apps in accordance with the specifications, terms and conditions set forth within. Customer agrees to pay any sales tax, use tax, or similiar tax if any, on all services and products provided from or through Bevdog, LLC
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Bevdog, LLC.
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Last Updated: July 23, 2012