Terms and Conditions

These Terms and Conditions (“Terms”) govern access to and use of the BevQuery websites, web application and related services (collectively, the “Service”) operated by KJM Products, Ltd. (“BevQuery,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to these Terms and our Privacy Policy, which is incorporated into these Terms by reference. These Terms apply to all visitors, users and others who access or use the Service. If you do not agree to these Terms, do not use the Service.

1. Eligibility, authorization and accounts

You must be at least 18 years old and authorized to use the Service. If you use the Service on behalf of a business or other organization, you represent that you have authority to act on behalf of that organization in connection with your use of the Service, including, where applicable, authority to make or respond to product inquiries and conduct related business activities.

You must provide accurate, complete and current account information. You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account. You must promptly notify BevQuery of suspected unauthorized access or any other breach of account security.

Login credentials may not be shared with unauthorized users or used to provide access to anyone who has not been authorized to use the Service. Organizations are responsible for notifying BevQuery when an authorized user's access should be changed or discontinued.

2. Permitted use

The Service is intended to help authorized beverage alcohol industry users identify distributor representation and manage related inquiries. You may use the Service only for lawful business purposes and in compliance with applicable laws, licenses and regulations.

3. Prohibited conduct

You may not:

• Scrape, crawl, harvest, bulk-download or systematically extract data from the Service.
• Use bots, automated scripts, crawlers or similar automated tools except with BevQuery's prior written permission.
• Copy, reproduce, republish, distribute, sell, sublicense or commercially exploit Service content except as expressly authorized by BevQuery.
• Create or attempt to create a competing database, directory or service using information obtained from the Service.
• Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, structure or underlying technology of the Service except to the extent such restriction is prohibited by applicable law.
• Circumvent or attempt to circumvent security measures, access controls, usage limits or other protections of the Service.
• Access or attempt to access another user's account or share credentials with unauthorized users.
• Interfere with, disrupt or impose an unreasonable burden on the operation of the Service.
• Upload or transmit malicious code or use the Service for unlawful, fraudulent, deceptive or abusive activity.
• Misrepresent your identity, organization, authority or affiliation.

Violation of this section may result in suspension or termination of access to the Service.

4. Data and search results

BevQuery compiles information from sources believed to be useful and updates its data periodically. Distributor relationships, territorial assignments, product availability and related information can change and may contain omissions or errors.

Search results and other information provided through the Service are intended as an informational starting point and are not a guarantee of current representation, availability, price, regulatory status or the ability to purchase a product.

You are responsible for independently verifying information obtained through the Service before relying upon it for purchasing decisions, ordering activities, business operations, regulatory compliance or any other purpose.

5. Product inquiries

Where enabled, the Service may allow retailers to submit pricing, availability or other product inquiries to participating distributors. BevQuery provides a means of facilitating those inquiries but is not a party to any sale, quotation, order, delivery or other transaction between users.

Distributors are responsible for their own responses, pricing, inventory, fulfillment and compliance obligations. BevQuery does not guarantee that an inquiry will receive a response or that any product will be available for purchase.

6. Subscriptions, billing and payment

Some portions of the Service may be offered on a paid subscription basis. Applicable subscription fees, billing periods and other payment terms will be disclosed when you subscribe or otherwise agree to paid access.

Unless otherwise stated, subscription fees are billed in advance on a recurring basis. Subscriptions automatically renew at the end of each billing period unless canceled by you or BevQuery before the applicable renewal date.

You agree to provide accurate and complete billing information and, where payment information is submitted to BevQuery or its payment processor, authorize the applicable subscription charges. If an automatic payment cannot be completed, BevQuery may require payment by another method or suspend paid access until payment is received.

7. Fee changes and refunds

BevQuery may change subscription fees from time to time. Any change to recurring subscription fees will take effect no earlier than the beginning of a subsequent billing period.

Continued use of a paid Service after a fee change takes effect constitutes acceptance of the new fee.

Except where required by applicable law or expressly stated otherwise, subscription fees are non-refundable.

8. Intellectual property and database rights

The Service, including its software, databases, compilations, search results, distributor and territory information, design, selection and arrangement of data, trademarks, logos, branding, text, graphics and other original content, is owned by or licensed to BevQuery and is protected by applicable intellectual property laws.

No right, title or interest in the Service or its contents is transferred to you. Except for the limited right to use the Service in accordance with these Terms, no rights are granted to you.

9. User submissions

You retain ownership of information, notes, inquiries and other material that you submit through the Service (“User Submissions”). You are responsible for the legality, accuracy and appropriateness of your User Submissions.

You represent that you have the right to submit such information and that doing so does not violate the rights of another person or entity.

You grant BevQuery a nonexclusive, worldwide, royalty-free license to host, store, process, reproduce, transmit and display User Submissions as reasonably necessary to operate, maintain, secure and improve the Service and provide its functionality to users.

BevQuery may review or remove User Submissions when reasonably necessary to operate the Service, enforce these Terms, address security or legal concerns, or protect BevQuery, its users or third parties.

10. Communications

BevQuery may send you service-related communications concerning your account, inquiries, security, changes to the Service or other administrative matters.

Where permitted by law, BevQuery may also send newsletters, promotional materials or other marketing communications. You may opt out of marketing communications by following the unsubscribe instructions contained in those communications. Opting out of marketing communications does not prevent BevQuery from sending necessary transactional or service-related messages.

11. Third-party websites and services

The Service may contain links to websites or services operated by third parties. BevQuery does not control and is not responsible for the content, availability, privacy practices, terms or other practices of third-party websites or services.

Your use of third-party websites and services is subject to the terms and policies of those third parties. BevQuery is not responsible for loss or damage arising from your use of or reliance upon third-party websites, services, content, products or offerings.

12. Availability and changes to the Service

BevQuery does not guarantee that the Service will be available at all times or operate without interruption. We may modify, maintain, upgrade, suspend, discontinue or restrict access to any portion of the Service and may impose usage limits.

We do not guarantee uninterrupted, secure, error-free or continuously available operation, or that every error or defect will be corrected.

13. Suspension and termination

BevQuery may suspend or terminate access for violations of these Terms, nonpayment where applicable, misuse of the Service, security concerns, legal requirements, protection of other users, or other legitimate business reasons.

You may stop using the Service at any time.

Provisions that by their nature should survive termination will survive termination, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification and other accrued rights and obligations.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

BEVQUERY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ERRORS OR DEFECTS WILL BE CORRECTED; THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT USE OF THE SERVICE WILL PRODUCE ANY PARTICULAR RESULT.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEVQUERY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, USE, GOODWILL OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATING TO THE SERVICE.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; INFORMATION OBTAINED THROUGH THE SERVICE; CONDUCT OR CONTENT OF THIRD PARTIES; OR UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR INFORMATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEVQUERY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO BEVQUERY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of certain damages. To the extent applicable law does not permit a limitation or exclusion contained in these Terms, that limitation or exclusion will apply only to the maximum extent permitted by law.

17. Indemnification

You agree to defend, indemnify and hold harmless BevQuery and its officers, directors, employees, contractors, agents, licensors and affiliates from and against claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Service, your violation of these Terms, your User Submissions, or your violation of another person's rights.

18. Force majeure

BevQuery is not responsible for delay, interruption, failure in performance or unavailability caused by events beyond its reasonable control, including natural disasters, power or internet outages, cloud-provider or other third-party service failures, labor disputes, cyberattacks, pandemics, acts of government, civil unrest, war or terrorism.

19. Governing law and venue

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles.

Any legal action arising out of or relating to these Terms or the Service will be brought in the state or federal courts having jurisdiction in Franklin County, Ohio, unless applicable law requires otherwise.

20. Changes to these Terms

BevQuery may modify these Terms from time to time. If a revision is material, we will provide at least 30 days' notice before the revised Terms take effect, unless a shorter period is reasonably necessary because of legal, regulatory, security or operational requirements.

Continued use of the Service after revised Terms become effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

21. General

These Terms and the Privacy Policy constitute the entire agreement between you and BevQuery regarding the Service and supersede prior agreements concerning the Service.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect. BevQuery's failure to enforce any provision or right under these Terms does not constitute a waiver of that provision or right.

You may not assign or transfer these Terms without BevQuery's prior written consent. BevQuery may assign these Terms in connection with a merger, acquisition, sale, reorganization or other corporate transaction, or by operation of law.

22. Contact

Questions about these Terms may be sent to info@bevquery.com.