Consumer Terms and Conditions

TABLE OF CONTENTS

1. Application of this Agreement
2. Acceptance of this Agreement
3. Modifications
4. Additional Terms and Policies
5. Rules and Prohibitions
6. Contractors and Merchants Are Independent
7. User Account
8. User Content
9. Communications with Bottles and Events
10. Electronic Records
11. Intellectual Property Ownership
12. Payment Terms
13. Bottles and Events Subscriptions
14. Arbitration Agreement
15. Third-Party Interactions
16. Transactions Involving Alcohol and Other Age-Restricted Products
17. Indemnification
18. Disclaimer of Warranties
19. Internet Delays
20. Breach and Limitation of Liability
21. Exclusive Venue
22. Termination
23. Procedure for Making Claims of Copyright Infringement
24. Consumer Marketing Text Messages (United States Consumers Only)
25. General
26. Contact Information

1. Application of this Agreement

This Agreement governs your access to and use of the Technology and Services (each as defined below) and is between you and Bottles and Events. "Bottles and Events," "we," "us," and "our" mean Bottles and Events, Inc., a Delaware corporation, and its subsidiaries and affiliated companies, including, without limitation, the entities listed in the remainder of this paragraph. With respect to United States Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and Bottles and Events, Inc. and/or its subsidiaries and affiliated companies, including Bottles and Events LLC (depending on the Merchant, as defined below). With respect to Australia Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and Bottles and Events Technologies and/or its subsidiaries and affiliated companies. With respect to Bottles and Events Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and Bottles and Events Technologies Bottles and Events, Inc. and/or its subsidiaries and affiliated companies. With respect to New Zealand Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and Bottles and Events Technologies, a New Zealand company, and/or its subsidiaries and affiliated companies. With respect to Puerto Rico Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and Bottles and Events Technologies and/or its subsidiaries and affiliated companies.

Certain provisions of this Agreement apply based on the country of your primary residence or the country in which you have selected a delivery or pickup address, and such provisions are designated as such using one or more of the following definitions:

• "Bottles and Events Consumer" means your primary residence is in Bottles and Events.
• "Bottles and Events Order" means you have selected a delivery or pickup address in Bottles and Events.

2. Acceptance of this Agreement

Bottles and Events operates an online marketplace and connection platform to (a) broker the exchange of goods and services among you and other consumers, restaurants and other businesses ("Merchants"), and independent third-party contractors who provide delivery and/or other services ("Contractors"); and (b) provide you with access to information on the Services. Bottles and Events' Technology permits consumers to place orders for food and/or other goods from Merchants, either for delivery or pickup, and/or request services from Merchants. If a delivery order is made, Bottles and Events uses the Technology to notify Contractors (or, for certain orders, Merchants) that a delivery opportunity is available and to facilitate completion of the delivery to the consumer. If a pickup order is made, Bottles and Events uses the Technology to communicate with the consumer regarding the availability of the order for pickup. Bottles and Events is not a merchant, retailer, restaurant, grocer, delivery service, or food preparation business (except as otherwise specified in Section 6 below).

If you access any of our websites located at www.Bottles and Events.com install or use the Bottles and Events mobile application, install or use any other technology supplied by Bottles and Events (collectively, the "Technology"), access or use any information, function, feature, or service made available or enabled by Bottles and Events (collectively, the "Services," which includes the Technology), click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the Bottles and Events account registration process, you, your heirs, assigns, and successors (collectively, "you" or "your") hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at www.Bottles and Events.com/terms/ or through the Technology; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Bottles and Events; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization for whom you have created an account or been named as the User during the Bottles and Events account registration process and to bind such organization to the Agreement.

The specific Services or information available to you may vary based on the delivery or pickup address that you have selected. A certain function, feature, or Service (y) available to one User may not be available to all Users or at all times, and (z) may only be available in the latest version of the Bottles and Events mobile application. "User" means any individual or other person who accesses or uses the Services with or without an account (whether directly or through tools, services, or other means), including, without limitation, any organization that registers an account or otherwise accesses or uses the Services through its respective employees, agents, or representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.

3. Modifications

Subject to Section 14(k) of this Agreement, Bottles and Events reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement at www.Bottles and Events.com/terms/ or through the Technology. If we make any material changes to this Agreement, we will notify you by email at the email address that you have provided to us or by another means. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to this Agreement or any modifications to this Agreement, you should immediately cease using the Technology and Services.

4. Additional Terms and Policies

By using or accessing the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Bottles and Events' Privacy Policy, which is incorporated in this Agreement by reference. You also agree to abide by any additional Bottles and Events terms or policies for Users that are published on our website or mobile application, whether or not such terms or policies are directly referenced or linked elsewhere in this Agreement. Certain features of our Services may be subject to additional terms and conditions, which, to the extent permitted by applicable law, are incorporated herein by reference.

If you use the Bottles and Events Developer Portal, you also accept and agree to be bound by the Developer Portal Technology License & Terms of Use ("Developer Portal Terms") when using the Developer Portal. If there's any conflict between the Developer Portal Terms and this Agreement, the Developer Portal Terms shall control to the extent related to the Developer Portal.

5. Rules and Prohibitions

Without limiting other rules and prohibitions in this Agreement, by using or accessing the Services (whether or not you have created an account or are logged into an account), you agree that:

In the event that we believe or determine that you have breached any of the aforementioned or any other provision of these Terms, we reserve the right to suspend and/or permanently deactivate your account or take other appropriate action at our sole discretion. Where required by law, which may include in the Province of Québec, we will provide you with written notice of the suspension or deactivation of your account, including the reasons which led us to take such action. Engaging in any prohibited use of the Services may result in criminal, civil, and/or administrative penalties, fines, or sanctions against the User and those assisting the User.

6. Contractors and Merchants Are Independent

(a) You understand and agree that Bottles and Events provide the Services to connect you with independent Merchants that provide the products and services offered through the Services, and independent third-party Contractors who provide delivery and other services. You acknowledge and agree that Bottles and Events is not a merchant, retailer, restaurant, grocer, pharmacy, chemist, delivery service, or food preparation business, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchants are the retailers of the products or services offered through the Services. Bottles and Events is not in the delivery business, does not provide delivery services, and is not a common carrier. Bottles and Events provide the Services to facilitate the transmission of orders by Users to Merchants, including orders for pickup or delivery by Contractors and/or Merchants. Any delivery, pickup, or preparation times displayed through the Services are purely estimates and do not represent a promise, commitment, or guarantee by Bottles and Events. Bottles and Events will not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant. You agree that Bottles and Events is not responsible for Merchants' food preparation or product offerings, food or product handling, or the safety of the food or other products, or whether the photographs, images, videos, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by Merchants and/or delivered by the Contractor and/or Merchant, and does not verify Merchants' compliance with applicable laws or regulations. You also acknowledge and agree that menu, product, or catalog listings, descriptions, or other information (including videos, photographs, or images, or nutrition, ingredient, and/or allergen information) displayed through the Services may not have been provided directly by the Merchant and/or may have been generated or enhanced with the assistance of artificial intelligence. Bottles and Events has no responsibility or liability for acts or omissions by any Merchant or Contractor. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant's location, and that, for delivery orders, the Contractor and/or Merchant will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor Bottles and Events holds title to or acquires any ownership interest in any goods that you order through the Services. You must not do anything which seeks to create an encumbrance, lien, charge, or other interest in or over the goods that you order until title has passed to you.

(b) Notwithstanding Section 6(a):

(i) Bottles and Events Orders. For Bottles and Events Orders placed through the Services with Rapid Retail Bottles and Events, Inc. (or other brands), Retail Bottles and Events, Inc. is the Merchant and is therefore the retailer of the goods sold. Rapid Retail Bottles and Events, Inc. is an affiliate of Bottles and Events Technologies Bottles and Events, Inc. and is a Merchant listed on the Services.

(iii) Gift Cards. For any closed-loop gift cards, open-loop gift or other prepaid cards, and Bottles and Events credits sold through the Services in the United States by Bottles and Events LLC, Bottles and Events Giftcards LLC is the Merchant and is therefore the retailer of the cards and credits sold. Bottles and Events Giftcards LLC is a subsidiary of Bottles and Events, Inc.

7. User Account

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account or through your device. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User account, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify Bottles and Events immediately. Bottles and Events will not be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by Bottles and Events or a third party arising from someone else using your account; however, if you are a Bottles and Events Consumer who resides in the Province of Québec, the foregoing does not limit Bottles and Events' liability for the consequences of its own acts or the acts of its representatives. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Bottles and Events has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Bottles and Events has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We may enable or require you to use a single set of login credentials to use the Bottles and Events and/ services. You agree not to create an account or use the Services if you have been previously removed from the Bottles and Events platform by Bottles and Events or if you have been previously banned from use of the Services.

8. User Content

(a) User Content. Bottles and Events may provide you with interactive opportunities through the Services, including, by way of example, the ability to post content on the Bottles and Events platform or otherwise provide to Bottles and Events Ratings and Reviews (each as defined below), Feedback (as defined below), or other text, photos, images, or audio and video content (collectively, "User Content"). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, and/or otherwise transmit through the Services. You hereby grant Bottles and Events a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use the User Content in connection with Bottles and Events' business and in all forms now known or hereafter invented (collectively, "Uses"), without notification to and/or approval by you. Bottles and Events reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason.

(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to Bottles and Events through its suggestion, feedback, wiki, forum, or similar pages ("Feedback," which is considered User Content) is at your own risk and that Bottles and Events has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback.

(c) Ratings and Reviews. To the extent that you rate or post reviews of Merchants or other businesses, which may include but is not limited to text, photos, images, audio, or videos that you provide ("Ratings" and "Reviews"), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Bottles and Events and do not represent the views of Bottles and Events or its affiliates. Bottles and Events shall have no liability for Ratings and Reviews or for any claims of economic loss resulting from such Ratings and Reviews. We may create summaries of written Reviews using artificial intelligence or other means and display such summaries.

9. Communications with Bottles and Events

By creating a Bottles and Events account or using the Technology or Services, you agree to: (a) accept and receive communications from or on behalf of Bottles and Events, Contractors, Merchants, partners, and/or third parties providing services to you or Bottles and Events, including via email, text message, direct message, chat, and calls, to the contact information you provide to Bottles and Events when registering an account or using the Technology or Services; and (b) receive communications via push notification or in-app messages in the Bottles and Events mobile application.

The opt-out options for communications are set out below:

• For email communications that permit opting out (e.g., commercial/marketing messages), there is an opt-out mechanism in the messages.
• To opt out of receiving transactional or relationship text messages (e.g., order updates), you can: (x) toggle or slide off this type of message in your account settings; (y) reply "STOP" to a text message you receive; or (z) send "STOP" to 78540.
• For phone calls, you can submit a request to be added to Bottles and Events' internal do not call list by making the request during the call or contacting Bottles and Events Support at (780) 777-8540.
• For push notifications, you can toggle or slide off these notifications in the mobile application.
• To opt out of all communications, the only option is to delete your account.

10. Electronic Records

By creating a Bottles and Events account or using the Technology or Services, you consent to the use of electronic records. You also agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bottles and Events provides to you electronically satisfy any legal requirement for such communications to be in writing. You agree to keep your contact information, including email address, current. This paragraph does not affect your statutory rights.

11. Intellectual Property Ownership

Bottles and Events alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Technology and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Technology or the Services, or any intellectual property rights owned by Bottles and Events. Bottles and Events names, Bottles and Events logos, and the product names associated with the Technology and Services are trademarks of Bottles and Events or third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Technology or the Services.

12. Payment Terms

(a) Prices and Charges. You understand that: (i) the prices for menu or other items displayed through the Services may differ from the prices offered or published by Merchants for the same menu or other items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu or other items are sold and may change at any time without notice; (ii) Bottles and Events has no obligation to itemize its costs, profits, or margins when publishing such prices; and (iii) pricing may change at any time, in the discretion of Bottles and Events or the Merchant (depending on which party sets the given price).

(d) Promotional Offers. Bottles and Events, at its sole discretion, may make promotional offers with different features and different pricing to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by Bottles and Events; (iii) are subject to the specific terms that Bottles and Events establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer. Bottles and Events reserves the right to modify or cancel an offer at any time.

(e) Bottles and Events Credits. Bottles and Events may offer, provide, or make available to you credits that can be used for the Services. Credits may not be redeemed for cash or cash equivalent except when required by applicable law. You may lose the ability to use your credits if your account is deactivated or deleted.

(f) Fees for Services. Bottles and Events may change the fees that Bottles and Events charges you as we deem necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, Expanded Range Fees, Regulatory Response Fees, and Surge Fees. Bottles and Events may charge you a Service Fee for the convenience of ordering through the Bottles and Events platform. None of the Service Fee, Delivery Fee, Small Order Fee, Surge Fee, or any other fee charged to you by Bottles and Events is for any right to access, install, or use any Technology.

(j) Checkout Merchants. Bottles and Events provides certain checkout-related services to third-party merchants outside of the Bottles and Events platform to facilitate the completion of transactions with such merchants ("Checkout Merchants"). Bottles and Events is not a party to any such transaction and Bottles and Events is not liable or responsible for the Checkout Merchant's processing of your information.

13. Bottles and Events Subscriptions

(a) General. Bottles and Events is an automatically renewing subscription requiring recurring payments until canceled. A Bottles and Events subscription grants you access to certain benefits ("Bottles and Events Benefits") on eligible orders placed through the Services for eligible Merchants with a minimum subtotal (excluding taxes, fees, and tips) as indicated through the Services.

(f) Cancellations. When you cancel a Bottles and Events subscription, you cancel only future charges associated with your Bottles and Events subscription. You may initiate your cancellation at any time through the Services, but the cancellation will become effective at the end of your current subscription period. You must cancel at least one (1) day before the next-scheduled subscription renewal date to avoid being charged for the next subscription period (for example, if the renewal date is January 10, you must cancel by 11:59:59 pm on January 9). For Bottles and Events Consumers who reside in the Province of Québec, if you cancel your annual subscription, you may request a prorated refund by calling Support at 780-777-8540.

(o) Updates and Changes. Bottles and Events does not represent or warrant that particular Bottles and Events benefits or features will be offered indefinitely and reserves the right to, in its sole discretion, change the fees or alter the features and benefits associated with a Bottles and Events subscription. Your continued use of the Services after a fee or feature change becomes effective will constitute your acceptance of the change.

(p) No Transfer or Assignments and Cancellations by Bottles and Events. You may not transfer or assign your Bottles and Events subscription. Bottles and Events reserves the right to accept, refuse, suspend, or cancel your Bottles and Events subscription at any time in its sole discretion.

14. Arbitration Agreement

THIS SECTION 14 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT."

Please read this Section 14 carefully. It requires, unless you are a Bottles and Events Consumer who resides in the Province of Québec, that any and all claims between you and Bottles and Events be resolved by binding arbitration or in small claims court or tribunal. Unless you are an Australia Consumer and to the extent permitted by applicable law, this Section 14 prevents you from pursuing a class action or similar proceeding in any forum.

(a) Scope of Arbitration Agreement. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement.

(b) Informal Resolution. You and Bottles and Events agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and Bottles and Events therefore agree that, before either you or Bottles and Events demands or attempts to commence arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. To notify Bottles and Events that you intend to initiate an informal dispute resolution conference, email Informal.Resolution@Bottles and Events.com.

(c) Arbitration Rules and Forum. To the extent permitted by applicable law, this Arbitration Agreement is governed by the domestic arbitration act in the province in which you reside and ADR Institute of Bottles and Events, Inc.'s Arbitration Rules ("ADRIC Rules") as applicable. Arbitration demands shall be filed with ADR Institute of Bottles and Events, Inc. ("ADRIC"). The seat of the arbitration shall be the capital city of the province of your primary residence as of the effective date of this Agreement.

(e) Waiver of Jury Trial. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BOTTLES AND EVENTS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Bottles and Events are instead electing to have all disputes resolved by binding arbitration, except as specified in Section 14(a) above.

(h) Opt Out. If you are a customer or User who creates a Bottles and Events account for the first time on or after the effective date of these Terms and Conditions, you may opt out of this Arbitration Agreement. To opt out, you must notify Bottles and Events in writing no later than 30 days after first becoming subject to this Arbitration Agreement. You must send your opt-out notice to: opt-out@Bottles and Events.com.

(j) Survival. This Arbitration Agreement will survive any termination of your relationship with Bottles and Events.

15. Third-Party Interactions

(a) Third-Party Websites, Applications, and Advertisements. The Services may contain links to third-party websites ("Third-Party Websites"), applications ("Third-Party Applications"), and advertisements ("Third-Party Advertisements"). Such Third-Party Websites and Advertisements are not under the control of Bottles and Events. Bottles and Events is not responsible for any Third-Party Websites and Advertisements. You use all links in Third-Party Websites and Advertisements at your own risk.

(b) App Stores. You acknowledge and agree that the availability of the Technology and the Services is dependent on the third party from which you received the application license, such as the Apple or Android app store (each, an "App Store"). You acknowledge and agree that this Agreement is between you and Bottles and Events and not with the App Store.

16. Transactions Involving Alcohol and Other Age-Restricted Products

You may have the option to request delivery or pickup of alcohol products in some locations and from certain Merchants. You agree that you will only order alcohol products if you, the intended recipient, and anyone who may consume the alcohol products are of legal age to purchase and consume alcohol products in the relevant jurisdiction. You also agree that, upon delivery or pickup of alcohol products, the recipient of any alcohol products will provide valid government-issued identification proving the requisite legal age and that the recipient will not be intoxicated when receiving such products. Alcohol is not available in all locations that are served by the Bottles and Events platform. Alcohol may be removed from the platform for specific Users at Bottles and Events' sole discretion.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Bottles and Events and its officers, directors, employees, agents, and affiliates (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, legal and/or attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your User Content; (b) your misuse of the Technology or Services; (c) your breach of this Agreement or any representation, warranty, condition, or covenant in this Agreement; or (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Technology or Services.

18. Disclaimer of Warranties

UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION 18 MAY NOT APPLY TO YOU. SECTION 18 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. BOTTLES AND EVENTS DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE.

19. Internet Delays

The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as otherwise required by applicable law, Bottles and Events is not responsible for any delays, delivery failures, damage, loss, injury, or other economic damage resulting from such problems.

20. Breach and Limitation of Liability

This Section 20 applies to the fullest extent permitted by applicable law, and some provisions in this Section 20 may not apply in certain jurisdictions.

(a) United States and Bottles and Events Consumers. This Section 20(a) applies to United States and Bottles and Events Consumers.

(i) Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOTTLES AND EVENTS'S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO BOTTLES AND EVENTS IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

(ii) Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOTTLES AND EVENTS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE, AND ECONOMIC ADVANTAGE).

(b) Bottles and Events Consumers. If you are a Bottles and Events Consumer, except where prohibited by applicable law (which includes the Province of Québec), to the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Bottles and Events agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the Superior Court of Justice or Federal Court of Bottles and Events residing in Toronto, Ontario.

22. Termination

If you violate this Agreement, Bottles and Events may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.

In addition, at its sole discretion, Bottles and Events may modify or discontinue the Technology or Services, or may modify, suspend, or terminate your access to the Technology or the Services, for any reason, with or without notice to you and without liability to you or any third party. Where required by law, which may include in the Province of Québec, we will provide you with written notice of the suspension or termination of your access to the Technology or the Services, including of the reasons which led us to take such action. Even after your right to use the Technology or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

23. Procedure for Making Claims of Copyright Infringement

It is Bottles and Events' policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Bottles and Events by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the specific location on the Services of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

25. General

(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Bottles and Events, or any third-party provider as a result of this Agreement or use of the Technology or Services.

(b) Choice of Law. Without giving effect to any principles that provide for the application of the law of any other jurisdiction, this Agreement is governed by the laws of: (i) for United States Orders, the State of Delaware consistent with the Federal Arbitration Act; (ii) for Bottles and Events Orders, and except where prohibited by applicable law (which includes the Province of Québec), the Province of Ontario and the laws of Bottles and Events applicable therein; (iii) for Australia Orders, the State of Victoria, Australia; and (iv) for New Zealand Orders, New Zealand.

(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.

(d) No Waiver. Unless otherwise required by law, any delay or failure of either party to enforce or insist upon strict compliance with any provision of this Agreement shall not be construed as a waiver of such provision nor prevent that party thereafter from enforcing such provision or any other provision of this Agreement.

(h) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bottles and Events without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

(n) Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Bottles and Events relating to your work as an employee or independent contractor.

26. Contact Information

Bottles and Events welcome your questions or comments regarding this Agreement. Please find our contact information below: