Last updated: August 16, 2021
Acceptance of the Terms of Use
These terms of use (the “Terms of Use”) are entered into by and between you, whether individually or on behalf of a company, (“you") and Breakthru Beverage Missouri (“Company,” “we,” or “ us ”) for use of Company’s website, breakthrubevmo.com (the “Website”). These Terms of Use, together with any documents that expressly reference Terms of Use (including, without limitation, our Privacy Policy govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or an accountholder.
Please review these Terms of Use prior to using the Website. By using the Website, you accept and agree to abide by these Terms of Use (including our Privacy Policy, incorporated herein by reference). If you do not agree with any aspects contained herein, you must not access or use the Website.
The Website is offered and available to users who are 21 years of age or older. By using the Website, you attest that you are at least 21 years old, and if accessing the Website on behalf of a company, you have the right, power, and authority to accept and abide by these Terms of Use on behalf of the company. Prior to accessing gated content on the Website as a retail customer of the Company, including access to education, Price Book and placing an online order for alcoholic beverages, you must provide the Company with a copy of your state (and if your business is in the city limits of Kansas City or Saint Louis, your city) Liquor Licenses, appointed to you by an authorized Missouri or, if applicable, city representative and otherwise properly register your business as a customer of the Company. Only customers holding a valid license to sell beverage alcohol are authorized to purchase products from the Company.
Changes to The Terms Of Use
Breakthru Beverage Missouri reserves the right to make changes to these Terms of Use at any time in our sole discretion. All changes are effective immediately when posted to the Website, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following any revised Terms of Use constitutes your agreement and acceptance of any changes. You are expected to check the Website from time to time so you are aware of any changes, as they are binding on you.
Website Access and Account Security
The Company holds the right to amend, withdraw, suspend, or terminate the Website, including any content or service provided at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including accountholders.
Please be aware of your responsibilities as a Website user:
- Making conditions for use of any gated content on the Website (by virtue of establishing your business as a customer of the Company.)
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and abide with the conditions set forth in these Terms of Use.
To access certain resources on the Website that were created for your use, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and these resources that all the information you provide to the Company on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, is also governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you elect to enter gated areas of the Website and establish a username, password or any other piece of information as part of our measures to keep your information secure, you must treat such information as confidential and must not disclose it to any other person or entity. This is personal information to you and must not be shared with any other individual or entity. You agree to notify the Company immediately of any unauthorized access to or use of your account, username, password or other breach of security. We reserve the right to disable any account, username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion if there is a concern that these Terms of Use have been violated.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, unless expressly allowed or communicated on the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: MO-MarketingMO[@]breakthrubev.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, logo, and all properties related to our brand are trademarks of the Company, its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and product information on this site are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any manner that violates federal, state or local laws or for the purpose of exploiting underaged users (for the purposes of this Website, persons under 21) or any other users of the Website. You are not permitted to represent any material as your own that is presented on the Website. You are also not permitted to introduce any viruses or malicious malware or device that causes technological harm to the Website or otherwise attempt to interfere with the proper functioning of the Website. Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Monitoring and Enforcement; Termination
We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and to terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided on or through the Website by any user or third party.
Reliance On Information Posted
The information presented on or through the Website is made available solely for general information purposes. We strive to display accurate information, however inadvertent errors can be made and we reserve the right to correct those inaccuracies at any time. Any reliance you place on the accuracy of this information is strictly at your own risk.
This Website may include content provided by third parties, including materials provided by suppliers, other business partners, syndicators and other online content providers. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information about You and Your Website Usage
All information collected by the Company on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking To the Website and Social Media Features
Linking to the Website, including through any social media features, if properly attributing the source of your content and done fairly and legally, is permitted. You must not link to our Website in any attempt to damage or defame the reputation of the Company, and you must not establish a link in such a way that infers any form of association, approval or endorsement on our part without our express written consent.
Links to Other Websites
The Website may contain links to other websites that are not operated by us. These links are provided for your convenience only. If you click on a third-party link, you will be directed to that third party's website. We do not guarantee that you will receive notice or an alert when providing information to a third party or when you leave our Website, and it is your responsibility to determine the party to whom information is being provided or when you have left the Website. We strongly advise you to review the privacy policy and terms of use of every website you visit. We have no control over and assume no responsibility for the content, privacy policies, terms of use, or practices of any third-party sites or services.
Geographic Restrictions
The Company is based in the state of Missouri in the United States. We provide the Services for use only by general persons located in the United States and retailer customers only in the State of Missouri. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
We strive to ensure the safety and security of our Website content, but do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any recovery of lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, SYSTEMS, PROGRAMS, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES THROUGH THE WEBSITE.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
By use of this Website, you agree to defend, indemnify, and hold harmless the Company, its subsidiaries, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers and successors against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom shall be governed by and construed in accordance with the internal laws of the State of Missouri.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, each as located in City of St. Louis, Missouri, although the Company retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state of residence or any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Terms of Use Agreement in its Entirety
The Terms of Use (including our Privacy Policy), constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Breakthru Beverage Missouri, headquartered at 6701 Southwest Avenue, St Louis MO 63143.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: MO-MarketingMO[@]breakthrubev.com.
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