Terms and Conditions

1.1. Subject to these Terms of Use, Breakthru Beverage hereby grants you a personal, limited, terminable, revocable, non-exclusive, nontransferable, nonsublicenseable license to access and use the Site solely for use in accordance with these Terms of Use. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms of Use, all software and other materials, including but not limited to the Site, made available to you are the copyrighted work of Breakthru Beverage or its licensors and copying or distributing any software, other materials, the Site or the Site Content (as defined herein) is expressly prohibited.

2.1. All information and materials on the Site are presented solely for the purpose of providing general information on and promoting our products and services. Such information and materials do not constitute advice or other instructions on the use of the goods or services.

3.1. In order to access certain content, material, or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms of Use, and may then be asked to submit your email address and a password for your account. You may also be required to provide certain information about yourself. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Any personal information that you provide to us is subject to our Privacy Notice & Cookie Policy. Breakthru Beverage will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

3.2. You represent that the personal information you provide is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the information provided. Should any of the information you provide change, please login to your account and update such information.

3.3. We reserve the right in our sole discretion to remove or delete any or all information from your account at any time and for any reason. You understand that we cannot guarantee that your account will always be available to you or error free. We may terminate or suspend your account for any reason in our sole discretion with or without notice to you. Additionally, we reserve the right to stop offering any account feature or any portion thereof, without liability, at any time and for any reason, with or without cause. In the event of any such termination or suspension, information stored in your account may no longer be available to you. We have no obligation to make your account history available to you and you should not rely upon your account as your sole record of this information.

4.1. All purchases from Breakthru Beverage are governed by these Terms of Use, our Terms and Conditions of Sale and our Privacy Notice & Cookie Policy which are incorporated into these Terms of Use and collectively referred to as our "Terms and Conditions". Subject to applicable laws, all payment terms as specified in these Terms of Use and any of the affirmation documents incorporated by reference herein, collectively constitute the "Payment Terms" and are within Breakthru Beverage's sole discretion.

4.2. Breakthru Beverage offers through its Site, the ability for registered users to make payments online for products and services purchased from Breakthru Beverage. You agree to pay the full price for the products and services plus any applicable taxes. You are responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase of any products or services made available through the Site or through any of Breakthru Beverage's Services, including sales, use, and excise taxes (excluding only taxes on Breakthru Beverage's net income). To the extent that Breakthru Beverage is obligated to collect such taxes, the applicable tax will be added to your bill.

4.3. Breakthru Beverage reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Breakthru Beverage. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

4.4. The availability of products and services is not guaranteed. We reserve the right without prior notice to discontinue or change specifications and prices on products or services without incurring any obligation to you. We also reserve the right to limit quantities to the amount reasonable for our regular customers.

4.5. Prices displayed by or through any of our Services, including on our Site are in U.S. dollars and are valid and effective only in the United States. Prices on products and services may change without notice. In the event that a product or service is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your account charged. If your account has already been charged for the purchase and we cancel your order, we shall promptly provide you with a credit.

4.6. Subject to applicable law, we may restrict delivery to addresses in certain jurisdictions and will add shipping and handling fees and applicable sales/use tax in accordance with our then existing policies.

4.7. Descriptions of, or references to, products or services on the Site or by or through any of our Services does not imply endorsement of that product or service, or constitute a warranty, by Breakthru Beverage.

4.8. Cash-on-delivery payments must be received in accordance with the law of the state in which the product is or will be delivered and Breakthru may refuse to accept payments made to its drivers at the time of delivery. Should Breakthru require cash-on-delivery payments but refuse to accept payments made to its drivers at the time of delivery, payment shall be required prior to delivery. The failure of Breakthru Beverage to enforce this payment condition on any given occasion shall not be construed as a waiver of its right to enforce such condition at any time thereafter.

5.1. We use a third-party payment processor to process credit card and electronic payment transactions made using any of Breakthru Beverage's Services including through the Site. You represent to us that any credit card or financial account that you use to make payments to us is a business credit card or financial account, and not a credit card or financial account used for personal or household use. You are solely responsible for the accuracy and completeness of your payment information, and we are not responsible for any loss suffered by you as a result of incorrect payment information provided by you.

5.2. If you purchase products or services through the Site or make any payments via the Site with your credit card, the credit card information that you submit will be protected by encryption, such as with the Secure Socket Layer ("SSL") protocol. Encryption decreases the likelihood that your credit card information will be stolen or intercepted during transmission. Transactions with our third-party processor are also governed by the payment processor's separate Terms of Use. Please review those Terms of Use before making a purchase. We make no representations or warranties regarding the services provided by such payment processor. We will inform you which payment processor is used when processing your payments. By making purchases from Breakthru Beverage whether through the Site or by or through any other Breakthru Service, you agree to comply with all of our Billing and Payment Processor Terms as well as the payment processor terms of any payment processor we use. You agree that the payment Terms of Use applicable to your purchase will comply with applicable law.

6.1. You agree to use our Services including our Site only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions.

6.2. You will not (and will not attempt to): (a) access our Services including but not limited to the Site by any means other than through the interfaces that are provided by Breakthru Beverage; (b) gain unauthorized access to Breakthru Beverage's computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site or Breakthru Beverage's networks and computer systems; (c) access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engines, such as Google or Bing; (d) access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; (e) reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose; (f) upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing," or any other form of solicitation, including the solicitation of users to become subscribers of other online services competitive with Breakthru Beverage; (g) stalk, harass, or otherwise disturb another person; (h) impersonate another person; or (i) infringe any intellectual property rights of any person or entity, including any trademark rights, rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person.

7.1. As between you and Breakthru Beverage, Breakthru Beverage owns or licenses all information and materials, including logos, designs, titles, phrases, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through any Breakthru Services including but not limited to the Site ("Site Content"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and Breakthru Beverage, all names, trademarks, symbols, slogans, or logos appearing on or through any Breakthru Service including but not limited to the Site are proprietary to Breakthru Beverage or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms of Use.

7.2. "Breakthru Beverage Group" and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks (collectively "Trademarks") displayed on any Breakthru Service including but not limited to the Site are subject to the trademark and other rights of Breakthru Beverage. Our Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of Breakthru Beverage. Your use or misuse of Trademarks displayed on the Site, or of any other Site Content, except as provided for in these Terms, is strictly prohibited.

7.3. The information that you provide as a user of the Site is sometimes referred to as "User Content." By contributing User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a "bait and switch"; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.

8.1. We have made every effort to display as accurately as possible the colors of the images that appear on this Site. However, since the actual colors you see depend upon your computer and monitor, we cannot guarantee that the display of any color will be completely accurate. Occasionally there may be information on the Site or through other Breakthru Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information is inaccurate at any time without prior notice. We cannot and do not review all communications or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Content or other Breakthru Service including but not limited to the Site with or without notice in our sole discretion.

9.1. Breakthru Beverage expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Site Content, User Content, goods, services, advice, information or links provided or displayed on the Site or through any Breakthru Service will meet your requirements; (ii) that the Site or other Service will be uninterrupted, timely, secure or free from error or that any errors will be corrected; (iii) that defects in the operation or functionality of any software provided to you as part of the Site or other Service will be corrected; and (iv) regarding the Site, Site Content, User Content, goods, services, advice, information or links provided by any third parties or users. No advice or information, whether oral or written, obtained by you from the Site or any other Breakthru Service shall create any warranty not expressly stated in these Terms of Use.

9.2. Except as expressly provided herein, the Site, the Site Content, the User Content, and materials on, in, and made available through the Site, and the Services, products, information and other content on and in and made available by Breakthru Beverage through the Site or any other Service are made available "as is" and "with all faults." Use of the Site or any other Breakthru Service is entirely at your own risk. We and our licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Site, the Site Content, the User Content, the Services, products, information and other materials on and in and made available through the Site or other Breakthru Service, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.

9.3. You understand that the technical processing and transmission of any Site Content or User Content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Breakthru Beverage reserves the right to interrupt or discontinue any or all of the functionalities of the Site. Breakthru Beverage assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person's computer related to or resulting from use of the Site; and (c) any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.

10.1. The Site may contain links or references to other websites or feature services of third parties for the convenience of users with performing or receiving the services made available through the Site. These third-party websites and services may be available on the Site via a link, redirect, plug-in, integrated application, or other technology. Breakthru Beverage does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third-party websites or services is at your own risk, and subject to the Terms of Use and conditions of such third parties.

10.2. Framing of the Site by sites or site elements is not permitted. In-line linking or any other manner of incorporating parts of the Site on other sites is equally prohibited.

10.3. You may not establish any link to our Site in such a way as to suggest any form of association, approval or endorsement on our part (unless you have received the express written consent of Breakthru Beverage). You must not: (i) establish a link from any website that is not owned by you; (ii) cause the Site or portions of them to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (iii) link to any part of the Site other than the homepage; or (iv) otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.

10.4. Any website from which you are linking must comply in all respects with any content standards determined by Breakthru Beverage in its sole discretion. We reserve the right to withdraw linking permission without notice.

11.1. While Breakthru Beverage endeavors to ensure that the Site is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond our control.

In as much as permitted by law, and except for damage caused by willful intent or gross negligence, Breakthru Beverage and its affiliates, subsidiaries and licensors and their respective officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any indirect, or consequential loss or damage, or any loss of income, profits, goodwill or data) in connection with (a) the use of products or services obtained on or through the Site; (b) the Site or Site Content or User Content in any way; (c) the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing of the Site or your use of any Site Content or any websites linked to the Site or (d) any Breakthru Service as defined herein; all the foregoing regardless of legal theory, whether or not you or we had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will our total liability or that of our affiliates, subsidiaries and licensors to you or any other person or entity in connection with the foregoing exceed the price paid by you during the preceding year for use of the Site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of us and our affiliates, subsidiaries and licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of these Terms of Use, your sole remedy is to discontinue using the Site.

13.1. We care about your privacy and the protection of your personal data. Read our Privacy Notice & Cookie Policy.

14.1. You will indemnify Breakthru Beverage and its affiliates, subsidiaries and licensors and their respective officers, directors, employees, shareholders or agents ("Indemnitees") against all claims, actions, suits, and other proceedings ("Claims") arising out of or incurred in connection with the Site or other Breakthru Service and your use of the Site or other Breakthru Service or products or services obtained through the Site or through any other Breakthru Service, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Content, the User Content, the services, products, information and other materials on, in and made available through the Site or through any other Breakthru Service, (except to the extent attributable to us), or any breach by you of these Terms of Use, and you will indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims. This defense and indemnification obligation will survive these Terms of Use and your use of the Site. 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 in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 14 without the prior written consent of Breakthru Beverage.

15.1. If you believe that any content on this Site violates your intellectual property or other rights, please send to us at info@BreakthruBev.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."

Without limiting Section 4 of our Terms and Conditions of Sale, each of the Parties (a) irrevocably submits itself to the personal jurisdiction of any state or federal court having a situs in (i) the state in which the product is or will be delivered; (ii) the state in which the parties conduct business together or (iii) if neither (i) or (ii) of this paragraph is applicable, Cook County, Illinois, in any suit, action or proceeding arising out of or relating to the Terms and Conditions or any of the transactions between the parties; (b) agrees that it shall not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from such court; and (c) waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought.

17.1. Without limiting the terms of Section 16 of these Terms of Use, or Section 4 of our Terms and Conditions of Sale or of our Privacy Notice & Cookie Policy with respect to governing laws, use of the Site are governed by the laws of the State of Illinois, without regard to its principles of conflict of laws.

18.1. The Site and all other Services are controlled and operated from within the United States. Without limiting anything else, we make no representation that the Site, Site Content, User Content, Services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site or any other Breakthru Service from outside the United States do so on their own will and are responsible for compliance with applicable laws.

18.2. These Terms of Use, including the Terms and Conditions of Sale and our Privacy Notice & Cookie Policy which are incorporated into these Terms of Use collectively referred to as "the Terms and Conditions", constitute the whole legal agreement between you and Breakthru Beverage and govern your use of the Site and other Breakthru Service and any transactions you may have with Breakthru Beverage through the Site or through any other Breakthru Service and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Breakthru Beverage in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms of Use. Notwithstanding the foregoing, you understand that Breakthru Beverage may make changes to these Terms of Use from time to time. Your continued use of the Site and Breakthru Services following the posting of changes to these Terms of Use will be considered your consent to those changes.

18.3. The failure of Breakthru Beverage to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of any such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of the Terms of Use does not affect or impair in any way the validity, legality and enforceability of the remaining provisions contained herein. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms of Use or any provision hereof. When used herein, the words "includes" and "including" and their syntactical variations shall be deemed followed by the words "without limitation."

18.4. If you have any questions about the Terms of Use, write to Breakthru Beverage Group, LLC, 3333 South Laramie Avenue, Cicero, Illinois 60804, Attn: General Counsel, or email us at: info@BreakthruBev.com.

1.1. Customer expressly acknowledges and agrees that: (i) it is authorized under applicable state alcohol beverage laws to place orders with and purchase from Breakthru Beverage; (ii) all orders have and will be made by Customer or an authorized representative of Customer who has the authority to bind Customer and (iii) unless otherwise permitted by law, all deliveries are received by Customer or an authorized representative of Customer at Customer's premises.

1.2. Breakthru Beverage reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Breakthru Beverage. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

1.3. All orders will be reflected in a detailed invoice provided at or after the time of delivery in electronic format and/or paper format ("Invoice") and all terms set forth on the Invoice are expressly incorporated herein by reference.

1.4. Signatures affixed to the Invoice, whether stored or printed in digital or physical format, shall be deemed an original, valid and binding signature for all legal purposes and shall represent (i) acceptance of the delivered items and quantities at the specified prices and (ii) that merchandise is accepted in good condition.

1.5. Customer's claims for breakage or shortage will only be considered if reported at the time of delivery and Breakthru Beverage shall not be responsible for any nonconformity as to quantity, quality or price unless reported at the time of delivery.

2.1. Subject to applicable laws, all payment terms as specified in these Terms and Conditions of Sale, including on our Invoice and as set forth in Section 4 of our Terms of Use, which are expressly incorporated by reference herein, collectively constitute the "Payment Terms" and such Payment Terms are within Breakthru Beverage's sole discretion.

2.2. Customer will be delinquent if payment is not timely received. Breakthru Beverage reserves the right, in its sole discretion and in accordance with applicable laws, to revoke credit granted, change credit amounts, change credit terms, report Customer as delinquent to appropriate agencies and refuse to sell or deliver to Customer until such time as Customer rectifies the delinquency.

2.3. Customer agrees to promptly notify the Credit Department identified on the Invoice of disputed charges or concerning amounts owed.

2.4. Customer agrees that, except for Customers located in California or Nevada, its failure to comply with our Payment Terms will result in Customer's payment of one-and one-half percent (1.5%) per month interest, compounded, on past due payments. For California Customers, failure to comply with our Payment Terms will result in Customer's payment of one percent (1%) interest, assessed on all balances unpaid after 42 days, and each 30 days thereafter. For Nevada Customers, failure to comply with our Payment Terms will result in Customer's payment of one-and one-half percent 1.5% per month interest, assessed on the 15th of the month following delivery on the previous months balance not paid by the 10th of the following month.

2.5. Without limiting the terms of Section 2.4, Customer's failure to comply with our Payment Terms will, to the extent permitted by law, also result in Customer's payment of: (a) all costs of collection, including but not limited to attorneys' fees equal to thirty percent (30%) of any outstanding balance, accrued interest, and all applicable court costs and (b) insufficient funds charges equal to the maximum fee permitted by law.

2.6. The failure of Breakthru Beverage to exercise or enforce any right or provision of these Payment Terms will not operate as a waiver of any such right or provision.

3.1. Subject to applicable laws, all Billing and Payment Processor Terms as set forth in Section 5 of our Terms of Use, which are expressly incorporated by reference herein, collectively constitute the "Billing and Payment Processor Terms".

4.1. Without limiting Section 17 of our Terms of Use or the terms of our Privacy Notice & Cookie Policy, which are incorporated by reference herein, these Terms and Conditions of Sale are governed by and construed in accordance with the laws of the state in which the product is or will be delivered.

5.1. These Terms and Conditions of Sale, including the Terms of Use and Privacy Notice & Cookie Policy which are incorporated by reference herein, constitute the sole and entire agreement between you and Breakthru and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

5.2. If there is a conflict between these Terms and Conditions of Sale and our Invoices, Terms of Use or Privacy Notice & Cookie Policy, the Terms and Conditions of Sale will govern.

5.3. If any matter, obligation, or right is not expressly addressed in these Terms and Conditions of Sale, the relevant provisions of our Terms of Use shall govern and control to the extent applicable.

6.1. If any provision of these Terms and Conditions of Sale cannot be enforced, the remainder of the Terms and Conditions of Sale will continue to apply.

7.1. These Terms and Conditions of Sale and our Terms of Use and Privacy Notice & Cookie Policy, which are incorporated by reference herein, together constitute the "Terms and Conditions" and comprise the whole legal agreement between you and Breakthru Beverage and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Breakthru Beverage in relation to such matters. Notwithstanding the foregoing, you understand that Breakthru Beverage may make changes to the Terms from time to time.

7.2. The failure of Breakthru Beverage to exercise or enforce any right or provision of these Terms and Conditions of Sale will not operate as a waiver of any such right or provision.

7.3. The invalidity or unenforceability of any provision of these Terms and Conditions of Sale does not affect or impair in any way the validity, legality and enforceability of the remaining provisions.

7.4. If you have any questions about the Terms and Conditions of Sale, please contact: Breakthru Beverage Group, LLC at: info@BreakthruBev.com or the Credit Department identified on your Invoice.

7.5. Customer must notify Breakthru in writing of any change of ownership or any information provided on Customer's Credit Application. In the event Customer fails to notify Breakthru in writing of any changes to its Credit Application, Customer shall be liable for all credit extended prior to said written notification as though no changes occurred, without prejudice to Breakthru's rights to proceed, additionally, against any successors.

7.6. Customer agrees not to participate in a representative capacity or as a member of any class of claimants in any action against Breakthru.

7.7. An electronic signature or copy of these Terms and Conditions of Sale and other documents signed and delivered by Customer to Breakthru shall be deemed to be originals.

We may collect and process the following personal information about you:

• Information that you provide by filling in forms on the Site or on our social media pages or in connection with our advertisements;
• If you contact us, we may keep a record of that correspondence;
• If you make a payment through the Site, we may collect your credit card or other payment account information and we may retain your payment history;
• Information that you provide in order to benefit from a particular feature or participate in a particular activity, such as when you sign up to receive emails from us; and
• Information that we receive from joint marketing partners.

Through your use of the Services, we may also gather certain information about your use of the Services that does not identify you individually but may identify your computer or device. Generally, this information is collected through what we refer to herein as "Traffic Data." We may collect and store such Traffic Data automatically whenever you interact with the Services. For example, we may collect your IP address, the hostname of your computer, browser information and reference site domain name every time you visit the Site. We may also collect information regarding user traffic patterns and site usage. This Traffic Data is used to analyze and improve the Services, to provide you with a better experience on the Site or using the Services, and to show you offers tailored to you.

You may also be permitted to post information and comments to the Site. We collect personal information that you knowingly provide to us in such forums. Please remember that any personal information that you disclose in public areas of the Site becomes public information and may be viewed and used by others. You are solely responsible for the content you post online. Breakthru Beverage has no control over and will not be held responsible for any personal information disclosed in public forums or the use of such personal information by third parties.

We may combine your personal information with other information we have collected from you or from other sources, whether on- or offline. We treat the combined information as personal information.

Breakthru Beverage may use personal information collected through the Services for the following purposes:

• To improve our level of service;
• To ensure that content of the Services is presented in the most effective manner for you and your device;
• To complete and process payments, communicate with you regarding your payments, and provide you with related customer service;
• To carry out our obligations arising from any contracts entered into between you and us;
• To provide you with information, products, or services that you request from us;
• To allow you to participate in interactive features of our Site, when you choose to do so;
• For our own administrative and quality assurance purposes, including for data analysis and identifying Service usage trends;
• To notify you about changes to our Site, products, and services;
• To create and manage your personal account with Breakthru Beverage;
• To prevent misuse or improper use of the Services;
• As we believe to be necessary or appropriate: (a) to comply with applicable law or legal process; (b) to respond to requests from public and government authorities; (c) to enforce our terms and conditions; (d) to protect our operations or those of any of our affiliates; (e) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (f) to allow us to pursue available remedies or limit the damages that we may sustain; and
• For other purposes described at the point where we collect personal information from you.

We may use and share non-personal, non-individual statistics or demographic information in aggregate form without restriction.

Breakthru Beverage may share personal information with third parties only as described in this Privacy Notice or as otherwise described at the point where we collect the information about you, including:

• Affiliates: We may transfer or disclose personal information to our affiliated companies for the purposes described in this Privacy Notice.
• Third Party Service Providers: Breakthru Beverage may engage third parties to provide administrative and technical services to us, such as website hosting services, which may require the transfer of your personal information to such third parties for processing and storage.
• Business Partners: We may share information with third party marketing companies and advertising partners, who may use the information to deliver advertisements about our services and about third-party services that may be of interest to you.
• Legal: In certain circumstances, we may be required to release your personal information in response to a court order, subpoena, search warrant, law or regulation. We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting users who violate our rules or engage in behavior that is illegal or harmful.
• Corporate Transactions: We may disclose your personal information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.

As you navigate the Site or otherwise use the Services, certain Traffic Data may be passively collected. This is done using the following technologies:

• IP Addresses: An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our Site, we may view the IP address of the device you use to connect to the Internet. We use this information to determine the general physical location of the device and understand from what geographic regions our website visitors come.
• Through Your Browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type and operating system type and version, screen resolution, and Internet browser type and version.
• Using Monitoring Tools: The Services may utilize pixel tags, web beacons, clear GIFs, Flash Shared Objects, HTML5 Local Storage, HTML5 Mini Databases, and other similar technologies to compile statistics about Service usage and response rates, and track the activities of users.
• Cookies: Like many companies, our Services may use "cookies" to help make sure the Services meet the needs of its users and to help us make improvements. Cookies are bits of text that are placed on your computer's hard drive when you visit certain websites. The main cookies used by our Services are created from Google Analytics, which tracks your IP address. At any point in time, you can change your internet browser settings to prevent the use of cookies. Please visit www.aboutcookies.org for more information on how to control cookies on a variety of browsers.
• Do Not Track: We do not track your behavior across third party websites. Our Site currently does not respond to "Do Not Track" (DNT) signals and we operate as described in this Privacy Notice whether or not a DNT signal is received.

We will maintain the levels of protection of your personal data in accordance with data protection laws and take reasonable precautions to keep your personal information safe from loss, unauthorized access, modification or disclosure. You should be aware that no security measure is guaranteed to be 100% secure and you should always take appropriate security measures to protect your personal information, including ensuring that you have up-to-date antivirus software.

The Services may feature links to websites that we believe you might find useful and informative. We do not endorse or recommend those websites' content or services, and we are not responsible for the privacy practices of these other websites. We encourage you to be aware of and read the privacy policy of each site you visit.

Some aspects of the Services may allow you to interface with social media sites and other online services, such as Facebook. These interfaces may allow the social media or other service to automatically collect information about you, such as browser information and IP address. For a description on how such social media services handle your information, please refer to their respective privacy policies and terms of use.

We retain your personal information for no longer than is necessary for the purposes for which it has been collected, unless a longer period is required by law. Thereafter, personal information will be removed, destroyed or deleted.

You can unsubscribe from certain emails from Breakthru Beverage by clicking on the "unsubscribe" link they contain. You can opt-out of the use of certain cookie-related processing by following the instructions in the Cookies section above.

We are committed to protecting the privacy of children. We do not intend to collect personally identifiable information from anyone under 21 years old.

If you have any concerns or complaints about the manner in which your personal information has been collected or handled by Breakthru Beverage, or any queries in regard to this Privacy Notice or Breakthru Beverage's privacy practices, you can contact Breakthru Beverage at info@BreakthruBev.com or at 3333 South Laramie Avenue, Cicero, IL 60804.

We will only use personal information in the manner described in the Privacy Notice in effect when the information was collected from you. However, we reserve the right to change the terms of this Privacy Notice at any time by posting revisions to our Site with a new "Last Updated" date. We will take adequate and reasonable action to provide notice or obtain your consent if required by law as a result of any such change.