TERMS AND CONDITIONS

LAST UPDATE: JUNE 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU—INDIVIDUALLY OR ON BEHALF OF AN ENTITY (“IT”, “YOU”, “YOUR”, “CUSTOMER”) AND BREAKTHRU BEVERAGE GROUP, LLC AND ITS AFFILIATES AS EXPRESSLY DEFINED BELOW (ALSO REFERRED TO AS “BREAKTHRU BEVERAGE”, “WE”, “US” OR “OUR”), CONCERNING YOUR ACCESS TO AND USE OF SERVICES AND GOVERN OUR “TERMS OF USE”, “TERMS AND CONDITIONS OF SALE” AND OUR PRIVACY NOTICE & COOKIE POLICY.

FOR THE PURPOSE OF THESE TERMS AND CONDITIONS, “AFFILIATES” MEAN ALLIANCE BEVERAGE DISTRIBUTING COMPANY, LLC D/B/A BREAKTHRU BEVERAGE ARIZONA, ASSOCIATED DISTRIBUTORS, LLC D/B/A BREAKTHRU BEVERAGE VIRGINIA, BEVERAGE DISTRIBUTORS COMPANY, LLC D/B/A BREAKTHRU BEVERAGE COLORADO, BREAKTHRU BEVERAGE CALIFORNIA, LLC, BREAKTHRU BEVERAGE ILLINOIS, BREAKTHRU BEVERAGE MINNESOTA BEER, LLC, BREAKTHRU BEVERAGE MINNESOTA WINE & SPIRITS, LLC, BREAKTHRU BEVERAGE MISSOURI, BREAKTHRU BEVERAGE NEVADA BEER, LLC, BREAKTHRU BEVERAGE NEVADA RENO, LLC, BREAKTHRU BEVERAGE NEVADA, LLC, BREAKTHRU BEVERAGE WISCONSIN METRO-MILWAUKEE, LLC, BREAKTHRU BEVERAGE WISCONSIN ON-PREMISE, LLC, CAPITAL WINE AND SPIRITS COMPANY, LLC D/B/A BREAKTHRU BEVERAGE PENNSYLVANIA, PREMIER BEVERAGE COMPANY, LLC D/B/A BREAKTHRU BEVERAGE FLORIDA, RELIABLE CHURCHILL, LLLP D/B/A BREAKTHRU BEVERAGE MARYLAND, RELIABLE CHURCHILL, LLLP D/B/A BREAKTHRU BEVERAGE WASHINGTON, D.C., THE BEN ARNOLD-SUNBELT BEVERAGE COMPANY OF SC, L.P. D/B/A BREAKTHRU BEVERAGE SOUTH CAROLINA AND UNITED DISTRIBUTORS OF DELAWARE, LLC D/B/A BREAKTHRU BEVERAGE DELAWARE. ADDITIONALLY, AS OUR BUSINESS CONTINUES TO GROW, WE MAY ESTABLISH OR ACQUIRE ADDITIONAL AFFILIATED ENTITIES. ANY SUCH ENTITY SHALL BE DEEMED AN “AFFILIATE” FOR THE PURPOSES OF THIS AGREEMENT, REGARDLESS OF WHETHER IT IS SPECIFICALLY NAMED HEREIN.

BY ORDERING OR PURCHASING GOODS FROM US INCLUDING THROUGH OUR SALES REPRESENTATIVES, BREAKTHRU NOW, CUSTOMER CARE OR OTHER DIGITAL PLATFORMS OR ACCESSING OR USING OUR WEBSITES INCLUDING BUT NOT LIMITED TO WWW.BREAKTHRUBEV.COM AND NOW.BREAKTHRUBEV.COM, PAY NOW, MOBILE APP(S), TELEPHONE ORDER LINES, SOCIAL-MEDIA HANDLES OR ANY OTHER SERVICES MADE AVAILABLE TO YOU BY BREAKTHRU BEVERAGE (COLLECTIVELY, THE “SERVICES”)—YOU CERTIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE MASTER TERMS AND CONDITIONS AND ANY DOCUMENTS EXPRESSLY INCORPORATED BY REFERENCE HERIN (TOGETHER, THE “AGREEMENT”).

THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER CLAUSE. BY USING OUR ORDER OR PURCHASING FROM US OR USING OUR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND AGREEING THAT YOU MUST PURSUE YOUR CLAIMS ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS.

BREAKTHRU BEVERAGE MAY AT ANY TIME REVISE THESE TERMS AND CONDITIONS AND OR ANY DOCUMENT EXPRESSLY INCORPORATED BY REFERENCE HEREIN. YOUR CONTINUED PURCHASES OR OFFERS TO PURCHASE OR USE OF THE SERVICES FOLLOWING THE CHANGES TO THESE TERMS AND CONDITIONS WILL BE CONSIDERED YOUR CONSENT TO THOSE CHANGES. YOU ARE BOUND BY ANY SUCH REVISION AND SHOULD THEREFORE PERIODICALLY REVIEW THE TERMS AND CONDITIONS TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND. IF YOU HAVE ANY QUESTIONS CONCERNING THESE TERMS AND CONDITIONS, PLEASE CONTACT BREAKTHRU BEVERAGE AT INFO@BREAKTHRUBEV.COM.

TERMS AND CONDITIONS—INCLUDING THE TERMS OF USE, TERMS AND CONDITIONS OF SALE, AND OUR PRIVACY NOTICE & COOKIE POLICY, WHICH ARE EXPRESSLY INCORPORATED BY REFERENCE HEREIN—CONTAIN ESSENTIAL INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE REVIEW THESE DOCUMENTS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.

TERMS OF USE

LAST UPDATE: JUNE 2025

THESE TERMS OF USE—INCLUDING THE TERMS AND CONDITIONS OF SALE, AND OUR PRIVACY NOTICE & COOKIE POLICY, WHICH ARE EXPRESSLY INCORPORATED BY REFERENCE— (COLLECTIVELY REFERRED TO AS THE “TERMS AND CONDITIONS”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU—EITHER INDIVIDUALLY OR ON BEHALF OF AN ENTITY (“IT”, “YOU”, “YOUR”, “CUSTOMER”) AND BREAKTHRU BEVERAGE GROUP, LLC AND ITS AFFILIATES AS EXPRESSLY DEFINED BELOW (“BREAKTHRU BEVERAGE”, “WE”, “US” OR “OUR”) AND GOVERNS YOUR ACCESS TO, AND USE OF, ALL OR ANY PART OF THE WEBSITES, INCLUDING WWW.BREAKTHRUBEV.COM AND NOW.BREAKTHRUBEV.COM OR MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”) OPERATED BY BREAKTHRU BEVERAGE OR USE OF ALL OR PART OF ANY OF OUR SERVICES.

FOR THE PURPOSE OF THESE TERMS OF USE, “AFFILIATES” MEAN ALLIANCE BEVERAGE DISTRIBUTING COMPANY, LLC D/B/A BREAKTHRU BEVERAGE ARIZONA, ASSOCIATED DISTRIBUTORS, LLC D/B/A BREAKTHRU BEVERAGE VIRGINIA, BEVERAGE DISTRIBUTORS COMPANY, LLC D/B/A BREAKTHRU BEVERAGE COLORADO, BREAKTHRU BEVERAGE CALIFORNIA, LLC, BREAKTHRU BEVERAGE ILLINOIS, BREAKTHRU BEVERAGE MINNESOTA BEER, LLC, BREAKTHRU BEVERAGE MINNESOTA WINE & SPIRITS, LLC, BREAKTHRU BEVERAGE MISSOURI, BREAKTHRU BEVERAGE NEVADA BEER, LLC, BREAKTHRU BEVERAGE NEVADA RENO, LLC, BREAKTHRU BEVERAGE NEVADA, LLC, BREAKTHRU BEVERAGE WISCONSIN METRO-MILWAUKEE, LLC, BREAKTHRU BEVERAGE WISCONSIN ON-PREMISE, LLC, CAPITAL WINE AND SPIRITS COMPANY, LLC D/B/A BREAKTHRU BEVERAGE PENNSYLVANIA, PREMIER BEVERAGE COMPANY, LLC D/B/A BREAKTHRU BEVERAGE FLORIDA, RELIABLE CHURCHILL, LLLP D/B/A BREAKTHRU BEVERAGE MARYLAND, RELIABLE CHURCHILL, LLLP D/B/A BREAKTHRU BEVERAGE WASHINGTON, D.C., THE BEN ARNOLD-SUNBELT BEVERAGE COMPANY OF SC, L.P. D/B/A BREAKTHRU BEVERAGE SOUTH CAROLINA AND UNITED DISTRIBUTORS OF DELAWARE, LLC D/B/A BREAKTHRU BEVERAGE DELAWARE. ADDITIONALLY, AS OUR BUSINESS CONTINUES TO GROW, WE MAY ESTABLISH OR ACQUIRE ADDITIONAL AFFILIATED ENTITIES. ANY SUCH ENTITY SHALL BE DEEMED AN “AFFILIATE” FOR THE PURPOSES OF THIS AGREEMENT, REGARDLESS OF WHETHER IT IS SPECIFICALLY NAMED HEREIN.

TO THE EXTENT APPLICABLE AND CONSISTENT WITH THEIR PURPOSE, THESE TERMS OF USE SHALL ALSO GOVERN YOUR ACCESS TO AND USE OF ANY OTHER SERVICE OR PLATFORM OPERATED OR PROVIDED BY BREAKTHRU BEVERAGE THAT ENABLES YOU TO ACCESS, VIEW, ORDER, OR PURCHASE GOODS FROM US. THIS INCLUDES, BUT IS NOT LIMITED TO, ALL OR ANY TRANSACTIONS CONDUCTED THROUGH OR UTILIZING OUR SALES REPRESENTATIVES, BREAKTHRU NOW, CUSTOMER CARE, PAY NOW, MOBILE APPLICATIONS, TELEPHONE ORDER LINES, AND OUR SOCIAL MEDIA HANDLES (COLLECTIVELY, WITH THE WEBSITES, THE “SERVICES”).

BY ACCESSING, VIEWING, OR USING THE CONTENT, MATERIAL, OR SERVICES AVAILABLE ON OR THROUGH THE SITE, OR USE OF ALL OR PART OF ANY OF OUR SERVICES, YOU CERTIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND ALL DOCUMENTS SPECIFICALLY INCORPORATED BY REFERENCE HEREIN. YOU FURTHER CERTIFY THAT YOU ARE 21 YEARS OF AGE OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR IF YOU ARE YOUNGER THAN 21 YEARS OF AGE, YOU ARE NOT GRANTED PERMISSION TO USE THE SITE AND MUST EXIT IMMEDIATELY.

BREAKTHRU BEVERAGE MAY AT ANY TIME REVISE THESE TERMS OF USE. YOUR CONTINUED USE OF THE SITE OR ALL OR PART OF ANY OF OUR SERVICES FOLLOWING THE CHANGES TO THESE TERMS OF USE WILL BE CONSIDERED YOUR CONSENT TO THOSE CHANGES. YOU ARE BOUND BY ANY SUCH REVISION AND SHOULD THEREFORE PERIODICALLY VISIT THE SITE TO REVIEW THE THEN CURRENT TERMS OF USE TO WHICH YOU ARE BOUND. IF YOU HAVE ANY QUESTIONS CONCERNING THESE TERMS OF USE, PLEASE CONTACT BREAKTHRU BEVERAGE AT INFO@BREAKTHRUBEV.COM. PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.

1. License to Use the Site

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. Purpose and Content of the Site

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. Registration

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 via 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. Terms and Conditions of Payments

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. Billing and Payment Processor Terms

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 Bill and Payment Processor Terms as well as the payment processer terms of any payment processer we use. You agree that the payment Terms of Use applicable to your purchase will comply with applicable law.

6. General Restrictions on Use of the Site and our Services

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 the your failure to obtain consent to post personally identifying or otherwise private information about a person.

7. Content on the Site

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. Errors, Inaccuracies, and Omissions

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 generate 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. Disclaimer

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. Links To and Features Provided by Third Parties

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, and may be recognized automatically by your browser. 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. Breakthru Beverage encourages you to read the privacy policies and Terms of Use linked or referenced in connection with third party websites.

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 the BREAKTHRU BEVERAGE). Subject to the foregoing, 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, or appear 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, or on which you make certain content accessible, must comply in all respects with any content standards determined by BREAKTHRU BEVERAGE in its sole discretion. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

11. Service Access

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.

12. Limitation of Liability

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 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, OR FEEL WE HAVE BREACHED THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

13. Privacy

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

14. Indemnification

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. Complaint Procedures

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.”

16. Dispute Resolution

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. Governing Law

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. Miscellaneous

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”) Privacy Notice & Cookie Policy, 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. When these changes are made, Breakthru Beverage will make a new copy of the Terms of Use available on the Site. You agree that Breakthru Beverage is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms of Use regularly for 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

TERMS AND CONDITIONS OF SALE

LAST UPDATE: JUNE 2025

THESE TERMS AND CONDITIONS OF SALE—INCLUDING THE TERMS OF USE, AND OUR PRIVACY NOTICE & COOKIE POLICY, WHICH ARE EXPRESSLY INCORPORATED BY REFERENCE HEREIN— (COLLECTIVELY REFERRED TO AS THE “TERMS AND CONDITIONS”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU—EITHER INDIVIDUALLY OR ON BEHALF OF AN ENTITY (“CUSTOMER”, YOU”, “YOUR”, “IT”) AND BREAKTHRU BEVERAGE GROUP, LLC AND ITS AFFILIATES (“BREAKTHRU BEVERAGE” ALSO REFERRED TO AS “WE”, “US” OR “OUR”). THESE TERMS AND CONDITIONS OF SALE AND ALL DOCUMENTS SPECIFICALLY INCORPORATED BY REFERENCE HEREIN GOVERN ALL TRANSACTIONS BETWEEN YOU AND BREAKTHRU BEVERAGE, INCLUDING BUT NOT LIMITED TO TRANSACTIONS MADE THROUGH ALL OR PART OF OUR WEBSITES, INCLUDING BUT NOT LIMITED TO WWW.BREAKTHRUBEV.COM AND NOW.BREAKTHRUBEV.COM OR MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”) OR BY OR THROUGH OR UTILIZING ANY OTHER BREAKTHRU BEVERAGE SERVICE INCLUDING OUR SALES REPRESENTATIVES, BREAKTHRU NOW, CUSTOMER CARE, PAY NOW, MOBILE APPLICATIONS, TELEPHONE ORDER LINES, AND OUR SOCIAL MEDIA HANDLES (COLLECTIVELY, WITH THE WEBSITES, THE “SERVICES”).

FOR THE PURPOSE OF THESE TERMS AND CONDITIONS OF SALE, “AFFILIATES” MEAN ALLIANCE BEVERAGE DISTRIBUTING COMPANY, LLC D/B/A BREAKTHRU BEVERAGE ARIZONA, ASSOCIATED DISTRIBUTORS, LLC D/B/A BREAKTHRU BEVERAGE VIRGINIA, BEVERAGE DISTRIBUTORS COMPANY, LLC D/B/A BREAKTHRU BEVERAGE COLORADO, BREAKTHRU BEVERAGE CALIFORNIA, LLC, BREAKTHRU BEVERAGE ILLINOIS, BREAKTHRU BEVERAGE MINNESOTA BEER, LLC, BREAKTHRU BEVERAGE MINNESOTA WINE & SPIRITS, LLC, BREAKTHRU BEVERAGE MISSOURI, BREAKTHRU BEVERAGE NEVADA BEER, LLC, BREAKTHRU BEVERAGE NEVADA RENO, LLC, BREAKTHRU BEVERAGE NEVADA, LLC, BREAKTHRU BEVERAGE WISCONSIN METRO-MILWAUKEE, LLC, BREAKTHRU BEVERAGE WISCONSIN ON-PREMISE, LLC, CAPITAL WINE AND SPIRITS COMPANY, LLC D/B/A BREAKTHRU BEVERAGE PENNSYLVANIA, PREMIER BEVERAGE COMPANY, LLC D/B/A BREAKTHRU BEVERAGE FLORIDA, RELIABLE CHURCHILL, LLLP D/B/A BREAKTHRU BEVERAGE MARYLAND, RELIABLE CHURCHILL, LLLP D/B/A BREAKTHRU BEVERAGE WASHINGTON, D.C., THE BEN ARNOLD-SUNBELT BEVERAGE COMPANY OF SC, L.P. D/B/A BREAKTHRU BEVERAGE SOUTH CAROLINA AND UNITED DISTRIBUTORS OF DELAWARE, LLC D/B/A BREAKTHRU BEVERAGE DELAWARE. ADDITIONALLY, AS OUR BUSINESS CONTINUES TO GROW, WE MAY ESTABLISH OR ACQUIRE ADDITIONAL AFFILIATED ENTITIES. ANY SUCH ENTITY SHALL BE DEEMED AN “AFFILIATE” FOR THE PURPOSES OF THIS AGREEMENT, REGARDLESS OF WHETHER IT IS SPECIFICALLY NAMED HEREIN.

BY OFFERING OR PURCHASING GOODS FROM US, YOU CERTIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS OF SALE AND ALL DOCUMENTS SPECIFICALLY INCORPORATED BY REFERENCE HEREIN. YOU FURTHER CERTIFY THAT YOU ARE 21 YEARS OF AGE OR OLDER, YOU HAVE AUTHORITY TO LEGALLY BIND THE CUSTOMER PRIOR TO CUSTOMER ORDERING ANY PRODUCT FROM US AND THAT CUSTOMER OR AN AUTHORIZED REPRESENTATIVE OR EMPLOYEE OF CUSTOMER OVER 21 YEARS OLD WILL RECEIVE OUR ORDERS AT THE TIME OF DELIVERY.

BREAKTHRU BEVERAGE MAY AT ANY TIME REVISE THESE TERMS AND CONDITIONS OF SALE. YOUR CONTINUATION OF PURCHASES OR OFFERS TO PURCHASE FOLLOWING THE CHANGES TO THESE TERMS AND CONDITIONS OF SALE WILL BE CONSIDERED YOUR CONSENT TO THOSE CHANGES. IF YOU HAVE ANY QUESTIONS CONCERNING THESE TERMS AND CONDITIONS OF SALE, PLEASE CONTACT BREAKTHRU BEVERAGE AT INFO@BREAKTHRUBEV.COM.

1. Orders, Acceptance and Delivery

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. Terms and Conditions of Payments

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 Customer’s 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. of these Terms and Conditions of Sale, 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 to 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. Billing and Payment Processor Terms

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. Governing law

4.1. Without limiting the of 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. Entire Agreement

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, which are incorporated by reference herein, 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, which is incorporated by reference herein, shall govern and control to the extent applicable.

6. Severability

6.1. If any of 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. Miscellaneous

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. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. 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, including our Terms of Use and Privacy Notice & Cookie Policy, which are incorporated by reference herein, 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, including our Terms of Use and Privacy Notice & Cookie Policy 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.

Customer:
Signature:
Printed Name:
Date:

Privacy Notice & Cookie Policy

BREAKTHRU BEVERAGE GROUP, LLC (also referred to as “BREAKTHRU BEVERAGE”, “WE”, “US” OR “OUR”) is committed to respecting your privacy. We want you to be familiar with what information we collect relating to you, your computer, or your device that enables your identification (“personal information”) and why and how we use and disclose that personal information.

This Privacy Notice & Cookie Policy (“Privacy Notice”) explains our policies and practices with respect to personal information that we collect from users through the websites or other applications operated and controlled by us from which you are accessing this Privacy Notice (collectively, the “Site”), and through our social media pages and through HTML-formatted email messages that we send to you that link to this Privacy Notice (collectively, the “Services”). This Privacy Notice only addresses personal information collected directly through our Services. It does not govern information-gathering, use, or dissemination practices related to personal information collected other than through the Services, such as from telephone, facsimile, postal mail, or other offline means or media. If information is combined with personal information collected through the Services, it will be treated according to this Privacy Notice.

What Personal Information We Collect

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. Please see the section below in this Notice regarding Cookies and Other Passive Collection Technologies for more information about our use of cookies and other technologies.

You may also be permitted to post information and comments to the Site (e.g., a forum, reviews), which will be accessible for other users (collectively, the “Forums”). We collect personal information that you knowingly provide to us in the Forums. Please remember that any personal information that you disclose in the Forums becomes public information and may be viewed and used by others. You are solely responsible for the content you post online in the Forums. BREAKTHRU BEVERAGE has no control over and will not be held responsible for any personal information disclosed in the Forums or the use of such personal information by third parties. By submitting personal information in the Forum, you acknowledge that you have no expectation of privacy with regard to any submission or posting. You should always exercise caution when deciding to disclose your personal information.

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.

How We Use Your 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, including laws outside your country of residence; (b) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (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.

How We Share Your Personal Information With Others

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 by mail, email, on this Site, on our social media pages, or on other websites.
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 to BREAKTHRU BEVERAGE or individuals or the personal information we are responsible for.
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. If we disclose personal information to complete a corporate transaction, BREAKTHRU BEVERAGE will comply with applicable law and require the buyer, assignee or transferee to do so as well.

Cookies And Other Passive Collection Technologies

As you navigate the Site or otherwise use the Services, certain Traffic Data may be passively collected, meaning it is gathered without your actively providing it. This is done using the following technologies in the following ways:

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. We also may use this information to enhance our Services.
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. Just as IP addresses, we may use this information to enhance our Services and user experience.
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, both on certain aspects of the Site and in HTML-formatted e-mail messages to you. These monitoring tools are used for the purpose of, among other things, compiling statistics about Service usage and response rates, and tracking the activities of users of the Site and e-mail recipients. We may use this information to improve the Services and to deliver offers that we think may be of interest to you.
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. We may use cookies set by us on the Site to tell us, for example, whether you have visited us before or if you are a new visitor. We use third-party cookies set by our service providers to collect information about how visitors use the Services, including how long you spend on each page of our Site, and how you got to the Site.
The main cookies used by our Services are created from Google Analytics, which track your IP address. To see more information regarding what cookies Google Analytics puts in place and the entirety of all data it can monitor, click here: https://developers.google.com/analytics/. You can opt-out of cookies from Google Analytics here.
At any point in time, you can change your internet browser settings to prevent the use of cookies. Each browser has a different procedure for disabling the use of cookies. The Help function within your browser should tell you how. Alternatively, you may visit http://www.aboutcookies.org where you can review information on how to control cookies on a variety of browsers. You will also find details of how to delete cookies from your computer and other general information about cookies. If you use your browser settings to block all types of cookies, however, you may not be able to access all or parts of our Site or Services or functionality may be limited.
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, as there is no consistent industry-standard for compliance.

Our Security Measures

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.

Links To Other Sites

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.

Social Media

Some aspects of the Services may allow you to interface with social media sites and other online services, such as Facebook. We will diligently work to identify these aspects of the Services to you, for example, by identifying them with the applicable third-party logos or trade names. 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 and other third-party platforms, plug-ins, integrations, and applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings with that service or platform.

How We Store Information And Your Rights

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 section of this Notice called Cookies and Other Passive Collection Technologies.

Online Privacy For Children

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

Contact Us

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.

Changes In Our Privacy Notice

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 (for example due to changes in data protection laws) 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.