JAMIAK, LLC (we, our and us) operates BevpodDirect.
JAMIAK, LLC is a California limited liability company.
Our address is 6965 El Camino Real #105-641, Carlsbad, California 92009, USA
Our contact email address is [email protected]
All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our Website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the Website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
The content on our Website is not intended to be construed as advice. You must not rely on the content of our Website for any purposes whatsoever and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our Website at any time.
We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials on our Website are accurate, up to date or complete.
The content on our Website is provided for your personal, private and non-commercial use only. You may print or share the content from our Website for lawful personal, private and non-commercial purposes, and you may also make others within your organization aware of the content on our Website. You may not otherwise extract, reproduce or distribute the content of our Website without our prior written consent.
Whenever you print, download, share or pass on content from our Website to others, you must not make any additions or deletions or otherwise modify any text from our Website, you must not alter or change any images, media or graphics from our Website in any way. You may not remove any accompanying text from such images, media or graphics and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our Website.
You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third-party tools for the extraction or reproduction of any data or content from our Website without our prior written consent.
Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time you pass on such content or materials.
You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Website or any part of it, our systems, any of our hardware or equipment or any networks on which our Website is hosted, any software that we use to create or modify the Website or to make the Website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
You must not submit any information about you to us if you are under the age of 18, or about any other person who is either:
You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.
We do not guarantee that our Website does not contain viruses or other malicious software. However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to our Website.
We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our Website, or any consequences which the presence or operation of such programs may have.
You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.
You must not upload or otherwise introduce to our Website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
You must not use any third parties, software or technology to attempt to gain unauthorized access to our Website, our servers, systems, hardware, software or data.
You must not attempt to perform any denial of service type attack on our Website.
We may report any breach or suspected breach of this clause 10 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.
Links to third party content or websites may appear on our Website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control. We do not represent or warrant that such content is related to us or our Website, suitable or appropriate for use or viewing, lawful or accurate.
You may not link to our Website without our prior written consent.
Where you have obtained our consent to link to our Website:
We may withdraw permission to link to our Website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.
We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
SUBJECT TO THE FORGOING, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
To the extent that any of the provisions of this clause 13 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
You (and also any third party for or on behalf of whom you operate an account or activity on the Website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf):
You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
By using the Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Website.
If you are not satisfied with your purchase, return the items purchased to BevpodDirect, undamaged, within thirty (30) days of the purchase date and BevpodDirect will refund the purchase price to you.