This is a binding legal agreement between you and Bottle Nexus, LLC. a California Limited Liability Company (hereinafter referred to as either “Bottle Nexus,” “Company,” “we,” “our,” or “us”) and governs your relationship with us as it pertains to the Bottle Nexus, LLC. website, application and/or any other medium upon which we provide goods, or services (the “Service”). You agree to be bound by these terms when you access the Service or any portion thereof, your access also constitutes your agreement to these terms. The terms contained herein supersede and replace any other agreement or negotiation between you and Bottle Nexus, whether oral, written or otherwise including any statements made by any representative of Bottle Nexus at any time.

1. Services
2. Eligibility
3. Policies
4. Acceptable Use Policy
5. Suspension and Termination
6. Notice
7. Survival
8. Warrantee and Limitations
9. Indemnity
10. Force Majeure
11. Assignment
12. Severability
13. Arbitration & Choice of Law
14. No Agency
15. Amendment
16. Required Notices

1. SERVICES – Bottle Nexus is a web application connecting users of the Service (“Users”) to select, transact, and ship certain packaged goods through ABC licensed retail partners.

2. ELIGIBILITY – The Service is not directed at anyone under the Age of 21. Use of the Service is restricted to individuals at least 21 years of age. By using our Service, you affirm and expressly represent that you are at least 21 years of age. Information collected from you is treated as information collected from adults. Bottle Nexus relies on such representations.

If you are under the age of 21 or the person you are delivering goods to is under the age of 21, do not use our Services.

3. POLICIES – Bottle Nexus maintains these Terms of Service which includes an Acceptable Use Policy set forth below and a Privacy Policy (Found on our site). The Privacy Policy is incorporated into these terms as though set forth at length herein. By your express agreement or by using any aspect of the Service, you agree to be bound by these policies as well as any other terms that may be posted within the Service or that may be otherwise provided to you. The Terms of Service, Acceptable Use Policy and Privacy Policy, collectively, are referred to herein and on the Service as the (“Policies”). 

4. ACCEPTABLE USE – Bottle Nexus strictly enforces compliance with its acceptable use terms under this section. You agree to be in full compliance with the terms set forth below. Failure to comply is cause for order termination and legal action.

1. You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. 

2. You agree not to cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.

3. You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property.

4. You agree not to undertake any action which is harmful or potentially harmful to the Services.

5. You will take no action to solicit or encourage any person to use Services in a manner that violates the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.

6. You agree that you will not use the Services to facilitate the sale, consumption or transfer of goods to persons under the age of 21.

5. SUSPENSION AND TERMINATION

1. Term – This agreement shall remain in effect from your acceptance of these terms until terminated as provided herein (“Term”).

2. Suspension – At the sole option of Company for any reason set forth herein or in the event that you breach any term of this Agreement Company may suspend your use by deactivating any access by you to any information contained on the Company servers related to you while maintaining the information and data related to you upon the Company servers. In the event of any such suspension you will be notified and given an opportunity to correct the reason for Your suspension. In the event that the reason for your suspension is not corrected within ten (10) days, Your Account may be terminated under paragraph 5.3 below. 

3. Termination – This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include, at the sole option of Company, the removal of any and all of your user content and other information pertaining to you from the Company servers. Such information or data may or may not be made available to You by Company after any such termination. Company may discontinue any or all Bottle Nexus Services at any time, with or without notice. Termination shall not affect any rights Company may have recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or other costs of any kind as may be applicable under these Terms or otherwise under California Law.

6. NOTICE
   1.  Any notice required under this agreement may be given by Company to you via email at the address provided by you to Company or as Company may be advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by Contacting Us.

2. Any notice by you to Company shall be made by email to info@bottlenexus.com and is considered effective upon acknowledgment of receipt. Alternatively, you may provide notice to us via postal mail at 10221 Prospect Ave, Suite B, Santee, CA 92071

7. SURVIVAL – Sections 1-6, 8-16 (all inclusive), of this Agreement shall survive the termination of this Agreement and shall remain in full force and effect after any such termination.

8. WARRANTEES AND LIMITATIONS

1. Company makes every reasonable effort to maintain operation of the Service. However, because many events and circumstances are beyond the control of Company, Company does not in any way warrant or otherwise guarantee the availability of the Service and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Company.

2. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

3. In general, Company has no control over information contained on the Internet. Information obtained by you from the Internet or from third parties may be protected by intellectual property rights of third parties or may be inaccurate, offensive or in some cases even illegal. Company accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the legality, truth and accuracy and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Company provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Service.

4. You expressly waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

5. YOU ARE NOT ENTITLED TO ANY REMEDY THAT MAY BE AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH BREACH, ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

9. INDEMNITY

1. You agree to fully defend, indemnify and hold harmless Company of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement by you or your affiliates or your negligence or intentional conduct whether active or passive or any negligence of Company in any way related to your use of the Service or any portion thereof. Choice of counsel remains exclusively that of Company. No claim shall be settled without the express consent of Company, which shall not be unreasonably withheld. 

2. You agree to fully defend and indemnify and hold harmless Company of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Service or any portion thereof. Choice of counsel remains exclusively that of Company. No claim shall be settled without the express consent of Company, which shall not be unreasonably withheld.
3. You agree to fully defend, indemnify and hold harmless Company of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) arising out of or in connection with your use of the Services or goods obtained through your use of the Services.Choice of counsel remains exclusively that of Company. No claim shall be settled without the express consent of Company, which shall not be unreasonably withheld
4. FORCE MAJEURE – Either party to these Terms shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, pandemic, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

11. ASSIGNMENT – This agreement and the rights hereunder are not assignable or transferable except that Company may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Company. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio. 

12. SEVERABILITY – If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

13. ARBITRATION & CHOICE OF LAW – This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any dispute , claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, that is not resolved by the parties through mediation or otherwise, shall be determined by binding arbitration before a single arbitrator in the  County of San Diego, California, in accordance with California law and the JAMS arbitration Rules and Procedures. The decision of the arbitrator with respect to any issues submitted for determination shall be final and binding on all of the parties to this Agreement. The arbitrator shall not have the power to award punitive or exemplary damages.

14. NO AGENCY – Notwithstanding any other provision of this agreement, the Company is not your agent, partner or joint venturer in any respect.

15. AMENDMENT – Company may without advance notice amend this Agreement or the Policies from time to time and will do so by posting the new Agreements or Policies on the Service in place of the old. Each and every such amendment shall become effective immediately for all pre-existing and future accounts.

16. REQUIRED NOTICES
    1. California – Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Company service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.