Terms of service

Information About Us:

Executive Beverage, LLC., d/b/a Executive Beverage, is a limited liability company in the State of Virginia with general corporate offices In Virginia Beach, Virginia.

Service Availability and Your Status:

The Site, the Service, and Offerings, are intended for use by individuals in the states of Virginia and North Carolina in the United States of America (“Serviced Areas”). At this time, we do not accept orders from individuals outside the Serviced Areas. As such, by placing an order through our Site, you represent and warrant that you: (1) Are legally capable of entering into this Agreement; (2) Are at least 21 years old; (3) Are a resident of a Serviced Area or purchasing for someone that lives in the Service Area; and (4) Are accessing the Site from a Serviced Country.

Modification:

In our sole discretion, Executive Beverage shall have the right to change, amend, add to, remove, or supplement the Agreement (including the Privacy Policy), without notice to you; provided, however, that changes to the procedures applicable to the resolution of disputes shall only apply to disputes which arise after the modified or additional provision is published on the Site.

Registration:

Registering Your Account. In order to utilize specific features on the Site and in person, individuals will need to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Site (“Account”) or has a valid account on the social networking service (“SNS”) through which the user has connected to the Site (each such account, a “Third-Party Account”).

Access Through a SNS:

If you access the Site or App through a SNS as part of the functionality of the Site, you may link your Account with Third-Party Accounts, by allowing Executive Beverage to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Executive Beverage and/or grant Executive Beverage access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Executive Beverage to pay any fees or making Executive Beverage subject to any usage limitations imposed by such third-party service providers. By granting Executive Beverage access to any Third-Party Accounts, you understand that Executive Beverage may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Site or App that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site or App via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be User Content for all purposes of the Agreement. Depending on the Third-Party Accounts, you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Site and/or App. Please note that if a Third-Party Account or associated service becomes unavailable or Executive Beverage’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and/or App. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND Executive Beverage DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Executive Beverage makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Executive Beverage is not responsible for any SNS Content.

Registration Data:

Should you create an account with Executive Beverage, you agree to: (1) provide true, accurate, complete and up-to- date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; (3) notify us as soon as possible either at support@execbeverage.com or call (757) 995 - 5855 if you believe there have been any breaches to the security of the Site or your account information; and (4) exit from your Account at the end of each session. You represent that you are (A) at least twenty one (21) years old; (B) of legal age to form a binding contract; and (C) not a person barred from using the Site under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site by minors. You may not share your Account or password with anyone If you provide any information that is untrue, inaccurate, not current or incomplete, or Executive Beverage has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Executive Beverage has the right to suspend or terminate your Account and refuse any and all current or future use of Site Services or Offerings (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Executive Beverage reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Site or App if you have been previously removed by Executive Beverage, or if you have been previously banned from any the Site or Service. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Executive Beverage. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

Executive Beverage’s Services:

Executive Beverage’s Beverage Service. Our beverage service is an a la carte and subscription service for beverage kits, products and events services (“Beverage Service” or “Service”). As part of the Service, we offer a number of options and subscriptions that you may choose from (“Beverage Kits”). You can schedule delivery one at a time or sign up for a weekly, biweekly or monthly subscription. Each week, other week, or month you will receive a package from Executive Beverage (your “Beverage Box”), including the contents of your chosen Kit (a specific number and type of “Beverage Kits”). You can find specific details regarding your Kits and the Executive Beverage Service by accessing your Account details via the Site.

Auto-Renewal Feature For Subscriptions:

THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO DEACTIVATION. EXECUTIVE BEVERAGE MAY SUBMIT PERIODIC CHARGES (E.G., WEEKLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE TO DEACTIVATE YOUR ACCOUNT AND THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE EXECUTIVE BEVERAGE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR EXECUTIVE BEVERAGE ACCOUNT, EMAIL SUPPORT@EXECBEVERAGE.COM OR CALL (757)995-5855 OR, WHERE REQUIRED, LOG ONTO YOUR EXECUTIVE BEVERAGE ACCOUNT. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY INTERRUPTION TO THE DELIVERY OF SERVICE.

ADDITIONALLY, BY SIGNING UP FOR OUR SUBSCRIPTION SERVICE YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR US, ON THE SUBSCRIPTION TERMS SET OUT IN THE APPLICATION FORM YOU HAVE COMPLETED,SUBJECT TO VARIATION IN ACCORDANCE WITH THIS SECTION. YOU CAN DEACTIVATE YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN THE APPLICABLE DEACTIVATION NOTICE PERIOD (7 DAYS PRIOR TO SERVICE) YOU WILL NOT BE CHARGED FOR ANY DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.

FURTHERMORE, YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL TERMINATED IN ACCORDANCE WITH THE AGREEMENT. FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD AND CONTINUE FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION RATE. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU DEACTIVATE YOUR SUBSCRIPTION. TO DEACTIVATE YOUR SUBSCRIPTION, EMAIL SUPPORT@EXECBEVERAGE.COM CALL (757) 995-5855 OR, WHERE REQUIRED, LOG ONTO YOUR EXECUTIVE BEVERAGE ACCOUNT. IF YOU DEACTIVATE, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. BY SUBSCRIBING TO THE SERVICE, YOU AUTHORIZE EXECUTIVE BEVERAGE TO CHARGE YOUR PAYMENT PROVIDER NOW, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION PERIOD. UPON RENEWAL OF YOUR SUBSCRIPTION, IF EXECUTIVE BEVERAGE DOES NOT RECEIVE PAYMENT FROM YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON DEMAND AND (B) YOU AGREE THAT EXECUTIVE BEVERAGE MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL PAYMENT IS RECEIVED (UPON RECEIPT OF PAYMENT, YOUR ACCOUNT WILL BE ACTIVATED AND FOR PURPOSES OF AUTOMATIC RENEWAL, YOUR NEW SUBSCRIPTION COMMITMENT PERIOD WILL BEGIN AS OF THE DAY PAYMENT WAS RECEIVED).

Payment and Pricing:

Price Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days’ advance notice of any price changes with your specific Plan rate. Your acceptance of deliveries of the Products after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your subscription to the Service in accordance with these Terms. All prices shown on the Site and/or in the App are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site. Prices, taxes or other fees may vary geographically. The shipment of meal ingredients to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription. 

Payment:

You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order from an Account, you must provide valid payment information (e.g. credit card, debit card, and/or a Gift Card) through the Site. By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (2) Executive Beverage to automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available, (3) Executive Beverage to share payment information and instructions required to complete the payment transactions between Executive Beverage, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (4) no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. Executive Beverage reserves the right at any time to change its billing methods.

Replacement Ingredients In Beverage Kits and Promotional Inclusions:

Given the perishable nature of some of our ingredients, and market conditions and product supply beyond our control, we reserve the right to adjust the quantity of any ingredients in a Beverage Kit, to discontinue the use of any ingredient or Product, or to substitute any ingredients or entire Beverage Kits, all without notice. While we make every effort to ensure that you are provided with the very best ingredients for our Beverage Kits, these switches may occasionally be required. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment. If you have any issues with any substitution, or either an ingredient or a Beverage Kit, please contact us at events@execbeverage.com or call (757) 995-5855 Additionally, please note that, on occasion, Executive Beverage will include products from our partners in our Beverage Boxes which may contain some or all of the 8 major allergens (in addition to other ingredients). Please refer to and review our allergen policy. Additionally, if you have any questions or concerns about any additional products or materials in your Beverage Box, please contact Customer Care at events@execbeverage.com or call (757) 995-5855.

Gift Cards:

You may purchase and/or otherwise receive Gift Cards through the Site or in person. You must create or have an existing and valid Account with Executive Beverage in order to redeem a Gift Card. All Accounts are subject to the Terms in all respects. Executive Beverage Gift Cards may be redeemed on the Site. Redemption of Gift Cards will result in the application of a credit to your account in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase of Offerings until the Gift Card is depleted. Gift Cards are not redeemable for cash or credit. Executive Beverage is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and nonrefundable. Executive Beverage reserves the right to refuse to honor a Gift Card where Executive Beverage suspects that the Gift Card was obtained fraudulently. If you suspect someone has copied or stolen your Gift Card, email support@execbeverage.com immediately.

Delivery:

Executive Beverage Delivery Week:

Executive Beverage “Delivery Week” begins on Saturday and runs through the following Friday. The start of our Delivery Week means that new Beverage Kits are available to be delivered in your Beverage Box.

Rolling Basis of Beverage Selection:

You have the option of selecting the day you would like to receive your Beverage Box, and, if your specific subscription allows for Beverage Kit selection, you also have the option of selecting the specific Beverage Kits you would like to receive, on a weekly basis. The day you select to receive your first Beverage Box will be the default. In subsequent weeks, if you do not make a change, your Beverage Box will arrive on the day you initially selected every week (unless you pause your order, pursuant to these Terms, or there are extenuating circumstances, detailed in these Terms). If you choose to have your delivery on another day for a specific week, that day will become the default, and subsequent weeks will have your Beverage Box arriving on the newly selected day.

Beverage Kit selection and delivery day selection is on a rolling basis, and all selections “lock” five days prior to the delivery day. For example, if your subscription allows for Beverage Kit selection and you receive your Beverage Box on Fridays, you will have to make your selection of Beverage Kits you want included in your Beverage Box on Sunday by 11:59 PM PST. Your credit card or other payment source will then be charged the following day. Similarly, if you want to change the delivery day, you will have to make your selection five days prior to your new delivery day. For example, if you normally receive your Beverage Box on Thursdays, but want to receive your Beverage Box on a Monday, you will have to make the change five days prior to Monday, which would be the Wednesday of the previous week.

Please note that the specific days in which a Beverage Box can be delivered varies by location, and delivery on each day will not be available in all areas all the time. If you have any questions about your area and delivery, please contact Customer Care at support@execbeverage.com or call (757) 995-5855.

Delivery Specifics:

In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of your Beverage Box is not feasible, we will cancel your delivery for the period so affected and issue you a credit, as determined in our sole discretion or refund of a part or the whole of the purchase price for that Beverage Box.

Receipt of The Materials and Beverage Preparation:

Executive Beverage uses specific materials to refrigerate perishable items and also uses third party delivery companies to deliver Beverage Boxes to customers. Please note that you are responsible for reviewing the Beverage Box upon delivery and inspecting all of the Products contained within for any defects or other problems upon delivery. If you are not home when your Beverage Box is delivered, the Beverage Box will be left at your door or in a common area. Upon the completion of your review of the Beverage Box, we recommend that you place all perishables in your refrigerator to ensure the ingredients’ integrity. The risk of loss and/or damage passes to you at the time of delivery. We highly recommend that you review the USDA’s instructions on safe food handling, which can be found here. All items are solely at your risk from the time of delivery. As such, you are solely responsible for any preparatory steps, storage of the contents of any Beverage Kits, safe washing (we recommend that all fresh produce is washed prior to inclusion in any beverage).

Return and Refund Policy:

In the event that you are unhappy with any part of your Beverage Box, or a specific Beverage Kit, you can reach out to us at support@execbeverage.com or call Customer Care at (7570 995-5855. Please do so within five (5) days of the date you received the unsatisfactory item. If related to ingredients or condition of a Beverage Kit, we, at our sole discretion, may give you credit for the individual ingredient or Beverage Kit, and in some situations, issue a partial or full refund for the ingredient or the Beverage Kit. We reserve the right, however, to require either the return of the unsatisfactory ingredient or Beverage Kit, or a photograph of such, before any partial/full refund or credit will be issued. Subject to this Agreement, Executive Beverage grants you a limited license to utilize the Offerings for personal, non-commercial use. Any future release, update or other addition to the Offerings shall be subject to this Agreement. Executive Beverage, its suppliers, and its service providers reserve all rights not granted in this Agreement.

Recipe Cards:

Additionally, please note that each Beverage Kit will have a corresponding recipe card contained in the Beverage Box. If your Beverage Box does not contain one or more of the corresponding recipe cards, you can refer to the Site recipes. If you have any questions or concerns related to the recipe cards, please contact support@execbeverage.com or Customer Care at (757) 995-5855

Diet and Health Release:

Because some of the information on the Service may relate to modifications to your diet, you agree to use your good judgment and reasonable care, including seeking counsel from your healthcare providers, prior to making any changes to your diet or lifestyle. No information on the Service is intended as medical or healthcare information or advice. Please consult your healthcare professional(s) regarding all matters related to your diet and health, including without limitation herbal and nutritional products. You agree not to rely on any information on the Service to make health-related decisions. 

Severability and Waiver:

If any of this Agreement are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. No waiver by Executive Beverage of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under this Agreement does not constitute a waiver of such right or provision.

Electronic Communications:

The communications between you and use electronic means, whether you visit Services or send Executive Beverage e-mails, or whether Executive Beverage posts notices on Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Executive Beverage in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that Executive Beverage provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.

Indemnification:

You agree to defend, indemnify and hold harmless Executive Beverage, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the Service, the Products or any Offerings, or any information obtained therefor other than as expressly authorized in this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify Executive Beverage of any third-party claims, cooperate with Executive Beverage in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Executive Beverage. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Offerings. 

Disclaimers:

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE, WASHING, AND PREPARATION), USE, AND CONSUMPTION OF THE CONTENTS OF THE BEVERAGE BOXES. AS SUCH, ALL CONTENTS OF THE RESPECTIVE BEVERAGE BOXES ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Allergen Information:

PLEASE NOTE THAT THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH, NOT STORED, PORTIONED, AND OR PACKAGED IN EXECUTIVE BEVERAGE’S FACILITIES, BUT MAY BE STORED AND OR PACKAGED IN OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE DO NOT STORE, PORTION AND PACKAGE THESE PRODUCTS BUT OUR SUPPLIERS MAY, AND WHILE EXECUTIVE BEVERAGE TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE BEVERAGE KITS, OR THE BEVERAGE BOX, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. EXECUTIVE BEVERAGE DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITES OR SOCIAL MEDIA IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT EXECUTIVE BEVERAGE IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

Specifications Related to Warranties:

WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR BEVERAGE BOXES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE AND OUR SOCIAL MEDIA, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS AGREEMENT, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT MIXING OR OTHER PREPARATION METHODS AND VARIABILITY OF BEVERAGE EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE EVERYWHERE. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE AT THE TIME OF YOUR ORDER.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.

Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXECUTIVE BEVERAGE, ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, IN NO EVENT SHALL EXECUTIVE BEVERAGE BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, EVENT SERVICES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, SERVICE, OR OTHERWISE RELATED TO THIS AGREEMENT(INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM EXECUTIVE BEVERAGE, OR FROM EVENTS BEYOND EXECUTIVE BEVERAGE’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). UNDER NO CIRCUMSTANCES WILL EXECUTIVE BEVERAGE BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO EXECUTIVE BEVERAGE BY YOU DURING THE THIRTY (30) DAY PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.

Term Termination and Survival

The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Offerings, unless terminated earlier in accordance with the Agreement.

Prior Use:

Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Offerings or (b) the date you accepted the Agreement and will remain in full force and effect while you use any Offerings, unless earlier terminated in accordance with the Agreement.

Termination:

Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of this Agreement. You can cancel your Service in accordance to the terms set forth. You agree that all terminations for cause shall be made in Executive Beverage’s sole discretion and that Executive Beverage shall not be liable to you or any third party for any termination of your Account. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.

Effect of Termination:

Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Service may involve deletion of Your Content associated therewith from our live databases. Executive Beverage will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of the Offering or Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

No Subsequent Registration:

If your registration(s) with or ability to access the Service is discontinued by Executive Beverage due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Executive Beverage reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

Dispute Resolution & Binding Arbitration:

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH EXECUTIVE BEVERAGE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Applicability of Arbitration Agreement:

You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Site or the App, to any products sold or distributed through the Site or the App, or to any aspect of your relationship with Executive Beverage, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or Executive Beverage may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

Waiver of Jury Trial:

You and Executive Beverage Hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or jury. You and Executive Beverage are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as otherwise specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Governing Law and Venue:

At this agreement and any action related thereto will be governed and interpreted by and under the laws of the state of Virginia, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Contacting Us and Customer Service:

If you have any concerns about Executive Beverage or your use of the Service, please contact us at: Executive Beverage, LLC. PO Box 1714 Virginia Beach, Virginia 23451, United States (Attention: Legal Counsel)