Terms of Service
Please read these terms carefully before using our services
Effective Date: January 1, 2025
Last Updated: January 1, 2025
Table of Contents
- Agreement to Terms
- Definitions
- Use of Our Site
- User Accounts
- Product Information and Availability
- Pricing and Payment
- Orders and Order Acceptance
- Shipping and Delivery
- Returns and Refunds
- Intellectual Property Rights
- User-Generated Content
- Prohibited Uses
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Third-Party Links and Services
- Termination and Suspension
- Dispute Resolution
- Governing Law and Jurisdiction
- Miscellaneous Provisions
- Changes to Terms
- Contact Information
1. Agreement to Terms
Welcome to BVB Company LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Terms of Service") govern your access to and use of our website located at bvbcompany.com (the "Site"), as well as any content, functionality, products, and services offered on or through the Site (collectively, the "Services").
Please read these Terms of Service carefully before accessing or using our Services. By accessing, browsing, or using our Site, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use our Services.
These Terms of Service constitute a legally binding agreement between you (whether personally or on behalf of an entity) and BVB Company LLC. By using our Services, you represent and warrant that:
- You are at least 18 years of age and have the legal capacity to enter into these Terms of Service
- If you are accessing or using the Services on behalf of a business or entity, you have the authority to bind that business or entity to these Terms
- You will comply with these Terms and all applicable local, state, national, and international laws, statutes, ordinances, and regulations
- All information you provide to us is true, accurate, current, and complete
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice through the Site or by other means to provide you the opportunity to review the changes before they become effective. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
2. Definitions
For purposes of these Terms of Service, the following definitions apply:
- "Account" means the unique account created for you to access our Services or parts of our Services.
- "Company," "we," "us," or "our" refers to BVB Company LLC, a limited liability company organized under the laws of New Mexico, with its principal place of business at 1209 MOUNTAIN ROAD PL NE STE R, ALBUQUERQUE, NM 87110.
- "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.
- "Device" means any device that can access the Services such as a computer, mobile phone, tablet, or other electronic device.
- "Intellectual Property" means all patents, trademarks, service marks, copyrights, trade secrets, trade dress, and other intellectual property rights.
- "Order" means a request by you to purchase products from us.
- "Products" means the goods and merchandise available for purchase through our Site.
- "Services" refers to the Site and all services, features, content, and applications offered by BVB Company LLC.
- "Site" refers to the website located at bvbcompany.com and all associated web pages and subdomains.
- "User," "you," or "your" refers to the individual accessing or using the Services, or the company or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
- "User Content" means any content that you submit, post, upload, or transmit through the Services, including but not limited to reviews, comments, photos, and messages.
3. Use of Our Site
3.1 License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your personal, non-commercial use. This license does not include any right to:
- Resale or commercial use of our Services or Content
- Collection and use of any product listings, descriptions, or prices
- Derivative use of our Services or Content
- Downloading or copying of account information for the benefit of another merchant
- Use of data mining, robots, or similar data gathering and extraction tools
3.2 Restrictions
You agree not to use the Services in any manner that:
- Violates any applicable local, state, national, or international law or regulation
- Infringes upon or violates our intellectual property rights or the intellectual property rights of others
- Harasses, abuses, insults, harms, defames, slanders, disparages, intimidates, or discriminates based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- Submits false or misleading information
- Uploads or transmits viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services
- Collects or tracks the personal information of others
- Spams, phishes, pharms, pretexts, spiders, crawls, or scrapes
- Is used for any obscene or immoral purpose
- Interferes with or circumvents the security features of the Services
3.3 Age Restrictions
Our Services are intended for users who are at least 18 years of age. By using our Services, you represent and warrant that you are at least 18 years old. We do not knowingly collect information from or direct any of our content specifically to individuals under the age of 18. If we learn that we have collected information from a person under 18, we will delete that information as quickly as possible.
3.4 Geographic Restrictions
While our Site is accessible worldwide, the products and services offered are intended for purchase and use within the United States. We make no representation that materials on the Site are appropriate or available for use in locations outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
3.5 Modifications to Services
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
4. User Accounts
4.1 Account Creation
To access certain features of our Services, you may be required to create an account. When you create an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information to keep it accurate, current, and complete
- Maintain the security of your account by protecting your password and restricting access to your account
- Promptly notify us if you discover or otherwise suspect any security breaches related to your account
- Take responsibility for all activities that occur under your account and accept all risks of unauthorized access
4.2 Account Security
You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.
You may not use another user's account without permission. You may not share your account credentials with any other person or allow any other person to access your account. You are solely responsible for any and all activities conducted through your account.
4.3 Account Termination
We reserve the right to terminate or suspend your account and access to the Services at our sole discretion, without notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
5. Product Information and Availability
5.1 Product Descriptions
We attempt to be as accurate as possible in describing our products. However, we do not warrant that product descriptions, images, colors, or other content available on the Site are accurate, complete, reliable, current, or error-free. Product images are for illustrative purposes only and may not always be an exact representation of the product.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after you have submitted your order. We do not undertake to update, amend, or clarify information in the Service, except as required by law.
5.2 Product Availability
All products are subject to availability. We make reasonable efforts to accurately display the availability of products. However, we cannot guarantee that products displayed as available on the Site are in stock at the time of your order. We reserve the right to discontinue any products at any time.
In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we reserve the right to refuse or cancel any orders placed for that product, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge.
5.3 Product Modifications
We reserve the right at any time to modify or discontinue the Service or any product (or any part or content thereof) without notice at any time. Product specifications and features may change without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any product.
5.4 Color Accuracy
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. However, because the actual colors you see will depend on your monitor or device screen, we cannot guarantee that your monitor's or device's display of any color will be accurate.
6. Pricing and Payment
6.1 Pricing
All prices posted on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, subject to these Terms. While we make every effort to ensure that all prices on our Site are accurate, errors may occur. If we discover an error in the price of a product you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it.
Prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. All prices are exclusive of applicable sales tax, use tax, value-added tax, and other taxes, unless otherwise stated. You are responsible for paying all applicable taxes associated with your purchase.
6.2 Shipping and Handling Charges
Shipping and handling charges are additional to the product price and will be calculated and displayed at checkout before you complete your purchase. Shipping charges are based on the shipping method selected, destination address, and size and weight of the products ordered. For detailed information about shipping, please refer to our Shipping Policy.
6.3 Payment Methods
We accept the following payment methods:
- Major credit cards (Visa, MasterCard, American Express, Discover)
- Debit cards
- PayPal
- Other payment methods as may be offered from time to time
By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge the full amount of your purchase to that payment method.
6.4 Payment Processing
Payment must be received by us before we process your order. We use third-party payment processors to process your payment information securely. We do not store your complete credit card information on our servers. Your payment information is encrypted and transmitted securely to our payment processors in accordance with Payment Card Industry Data Security Standards (PCI-DSS).
6.5 Authorization and Verification
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We reserve the right to verify the validity of payment information and may request additional information to verify your identity or the validity of your payment method. We may also implement additional fraud prevention measures, which may delay order processing.
6.6 Failed Payments
If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. You will be responsible for all costs associated with the collection of past due amounts, including attorney's fees and collection agency fees.
6.7 Promotional Codes and Discounts
Promotional codes, discount codes, and gift cards are subject to specific terms and conditions, which will be provided at the time of issuance. Unless otherwise stated, promotional codes cannot be combined with other offers or used on sale items. Promotional codes have no cash value and are non-transferable. We reserve the right to modify or cancel any promotional offer at any time.
7. Orders and Order Acceptance
7.1 Placing an Order
When you place an order through our Site, you are making an offer to purchase the products in your order. All orders are subject to acceptance by us. We may choose not to accept any order for any reason, including but not limited to:
- Product unavailability
- Errors in product or pricing information
- Errors in your order
- Inability to obtain authorization for your payment method
- Suspected fraudulent activity
- Geographic restrictions
- Violation of these Terms
7.2 Order Confirmation
After you place an order, you will receive an email acknowledging receipt of your order. This acknowledgment does not constitute acceptance of your order or confirmation that we will fulfill it. Acceptance of your order and formation of a contract between you and BVB Company LLC will occur when we ship the products to you and send you an email notification that your order has been shipped (the "Shipping Confirmation").
We reserve the right to cancel any order prior to shipment. If we cancel your order after your payment method has been charged, we will issue a refund to the same payment method used for the purchase.
7.3 Order Modifications and Cancellations
You may cancel or modify your order before it has been shipped by contacting our customer service team. Once an order has been shipped, it cannot be cancelled, but you may return the products in accordance with our Refund Policy. We cannot guarantee that cancellation or modification requests will be processed in time to prevent shipment.
We reserve the right to cancel any order at any time prior to shipment for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity. If we cancel your order, we will notify you by email and refund any payment you have made.
7.4 Order Limits
We reserve the right to limit the quantity of items purchased per person, per household, or per order. We may also require verification before accepting orders. These restrictions may be applied to orders placed by the same account, the same payment method, and/or orders using the same billing or shipping address.
7.5 Backorders
If a product is on backorder, we will notify you of the expected ship date. You may choose to wait for the backordered item or cancel that portion of your order. We will not charge your payment method for backordered items until they are ready to ship.
8. Shipping and Delivery
8.1 Shipping Policy
We ship products within the United States to all 50 states. Detailed information about shipping methods, costs, and estimated delivery times can be found on our Shipping Policy page. Shipping times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers or circumstances beyond our control.
8.2 Shipping Address
You are responsible for providing an accurate and complete shipping address. We are not responsible for orders shipped to incorrect addresses provided by you. If a package is returned to us due to an incorrect address, you will be responsible for additional shipping charges to reship the order.
8.3 Title and Risk of Loss
Title and risk of loss for products purchased from us pass to you upon delivery to the shipping carrier. We are not responsible for lost, stolen, or damaged packages after they have been delivered to the carrier.
8.4 Tracking Information
When your order ships, we will provide you with tracking information via email. You can use this information to track your shipment through the carrier's website. Please allow up to 24 hours after shipment for tracking information to become available.
8.5 Delivery Issues
If you experience any issues with delivery, including non-delivery, damaged packages, or missing items, please contact us within 7 days of the expected delivery date. We will work with the shipping carrier to resolve the issue. In the case of damaged goods, please retain all packaging materials for inspection.
8.6 International Shipping
At this time, we do not offer international shipping outside of the United States. Orders with international shipping addresses will not be accepted.
9. Returns and Refunds
9.1 Return Policy Overview
We want you to be completely satisfied with your purchase. If you are not satisfied for any reason, you may return most items within 30 days of delivery for a refund or exchange. Returns must meet certain conditions as outlined in our detailed Refund Policy.
9.2 Return Conditions
To be eligible for a return, items must be:
- Returned within 30 days of delivery
- In new, unused condition
- In original packaging with all tags and labels attached
- Accompanied by proof of purchase
9.3 Refund Processing
Once we receive and inspect your return, we will process your refund to the original payment method. Please allow 5-10 business days for the refund to appear in your account. For complete details on our return and refund process, please review our Refund Policy.
9.4 Defective or Damaged Products
If you receive a defective or damaged product, please contact us immediately with photos of the damage. We will provide a prepaid return label and send you a replacement or issue a full refund, including original shipping charges.
9.5 Non-Returnable Items
Certain items cannot be returned for hygiene, safety, or other reasons. Non-returnable items will be clearly marked as such on the product page. Please review product descriptions carefully before purchasing.
10. Intellectual Property Rights
10.1 Our Intellectual Property
The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, presentation, selection, and arrangement, are owned by BVB Company LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our trademarks, service marks, and logos (collectively, the "Trademarks") used and displayed on the Services are our registered and unregistered Trademarks. Nothing on the Services should be construed as granting any license or right to use any Trademark without our prior written permission. The use of our Trademarks as part of a link to or from any website is prohibited without our prior written consent.
10.2 Limited License
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your web browser for display enhancement purposes
- You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use
10.3 Restrictions
You must not:
- Modify copies of any materials from the Services
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials
- Access or use for any commercial purposes any part of the Services or any services or materials available through the Services
- Attempt to decompile or reverse engineer any software contained on the Services
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or "mirror" the materials on any other server
10.4 Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content on our Services infringes your copyright, please contact us with the following information:
- A physical or electronic signature of the copyright owner or person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing with sufficient detail for us to locate it
- Your contact information, including address, telephone number, and email address
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner
- A statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner
11. User-Generated Content
11.1 Submission of Content
Our Services may allow you to submit, post, or transmit content, including but not limited to reviews, comments, photos, and other materials ("User Content"). By submitting User Content to our Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media.
11.2 Representations and Warranties
By submitting User Content, you represent and warrant that:
- You own or have the necessary rights to submit the User Content
- Your User Content does not violate any third-party rights, including intellectual property rights
- Your User Content does not violate any applicable laws or regulations
- Your User Content is not defamatory, obscene, offensive, or otherwise objectionable
- Your User Content does not contain any viruses or malicious code
11.3 Content Standards
User Content must comply with the following standards:
- Must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
- Must not promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
- Must not be false, misleading, or fraudulent
- Must not infringe any patent, trademark, trade secret, copyright, or other intellectual property rights
- Must not violate the legal rights of others or contain any material that could give rise to any civil or criminal liability
- Must not promote any illegal activity or advocate, promote, or assist any unlawful act
- Must not contain any advertising, promotional materials, or solicitation
11.4 Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any User Content for any reason at our sole discretion
- Take any action with respect to any User Content that we deem necessary or appropriate, including if we believe it violates these Terms
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services
We do not undertake to review all User Content before it is posted and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
12. Prohibited Uses
You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:
- In any way that violates any applicable federal, state, local, or international law or regulation
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
- To transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services
- In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services
- To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose
- To use any manual process to monitor or copy any of the material on the Services
- To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services
- To attack the Services via a denial-of-service attack or a distributed denial-of-service attack
- To otherwise attempt to interfere with the proper working of the Services
13. Disclaimer of Warranties
Please read this section carefully as it limits our liability.
THE SERVICES AND ALL PRODUCTS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation of Liability
Please read this section carefully as it limits our liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BVB COMPANY LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- PERSONAL INJURY
- PAIN AND SUFFERING
- EMOTIONAL DISTRESS
- LOSS OF REVENUE
- LOSS OF PROFITS
- LOSS OF BUSINESS OR ANTICIPATED SAVINGS
- LOSS OF USE
- LOSS OF GOODWILL
- LOSS OF DATA
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
15. Indemnification
You agree to defend, indemnify, and hold harmless BVB Company LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms of Service
- Your use of the Services, including but not limited to your User Content
- Your violation of any law, regulation, or rights of a third party
- Any fraudulent or illegal activity by you or anyone using your account
- Your negligence or willful misconduct
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any such claim without our prior written consent.
16. Third-Party Links and Services
16.1 Third-Party Links
Our Services may contain links to third-party websites or services that are not owned or controlled by BVB Company LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
16.2 Third-Party Services
We may use third-party service providers to facilitate our Services, provide the Services on our behalf, perform Service-related services, or assist us in analyzing how our Services are used. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
16.3 No Endorsement
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. The inclusion of any link does not imply endorsement by us of the linked site or service. Use of any such linked website or service is at your own risk.
17. Termination and Suspension
17.1 Termination by You
You may terminate your account at any time by contacting us or by discontinuing use of the Services. Upon termination, you will no longer have access to your account and any information stored therein.
17.2 Termination by Us
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you have violated these Terms, we may also take appropriate legal action against you.
17.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
17.4 No Liability
We shall not be liable to you or any third party for any termination of your access to the Services or deletion of your account or information.
18. Dispute Resolution
18.1 Informal Resolution
If you have any dispute with us, you agree to first contact us and attempt to resolve the dispute informally by sending written notice to BVB Company LLC at 1209 MOUNTAIN ROAD PL NE STE R, ALBUQUERQUE, NM 87110 or by email at info@bvbcompany.com. Your notice must include your name, address, contact information, a description of the dispute, and the relief you seek.
We will attempt to resolve the dispute internally and will respond to your notice within thirty (30) days. If we cannot resolve the dispute within sixty (60) days of receiving your notice, either party may pursue formal dispute resolution as described below.
18.2 Arbitration Agreement
You and BVB Company LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and BVB Company LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and BVB Company LLC otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
18.3 Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
18.4 Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New Mexico and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
18.5 Arbitration Location and Procedure
Unless you and BVB Company LLC otherwise agree, the arbitration will be conducted in Bernalillo County, New Mexico. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and BVB Company LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.
18.6 Arbitrator's Decision
The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable.
18.7 Fees
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If the value of the relief sought is $10,000 or less, at your request, BVB Company LLC will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by BVB Company LLC should be submitted by mail to the AAA along with your Demand for Arbitration.
18.8 Changes
Notwithstanding the provisions of the "Changes to Terms" section above, if BVB Company LLC changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within thirty (30) days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and BVB Company LLC in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms.
19. Governing Law and Jurisdiction
19.1 Governing Law
These Terms of Service and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New Mexico without giving effect to any choice or conflict of law provision or rule.
19.2 Jurisdiction and Venue
Subject to the arbitration provisions set forth above, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Bernalillo County, New Mexico, and you irrevocably consent to the personal jurisdiction and venue there.
19.3 Waiver of Jury Trial
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BVB COMPANY LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BVB Company LLC are instead electing that all claims and disputes shall be resolved by arbitration under these Terms, except as specified in the "Dispute Resolution" section above.
20. Miscellaneous Provisions
20.1 Entire Agreement
These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and BVB Company LLC concerning your use of the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and BVB Company LLC with respect to the Services.
20.2 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
20.3 Waiver
No waiver by BVB Company LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BVB Company LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
20.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
20.5 Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, natural disasters, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
20.6 Headings
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
20.7 Relationship of Parties
These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and BVB Company LLC.
20.8 No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations of a party to any such third party.
20.9 Language
These Terms are written in English. To the extent any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
20.10 Electronic Communications
By using our Services, you consent to receiving electronic communications from us. These electronic communications may include notices about your account and information concerning or related to our Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
21. Changes to These Terms
21.1 Right to Modify
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last Updated" date at the top of these Terms. We may also provide notice through other means, such as email notification or a notice on our homepage.
21.2 Review of Changes
It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must stop using the Services.
21.3 Material Changes
If we make material changes to these Terms that affect your rights, we will provide at least thirty (30) days' notice before the new terms take effect. What constitutes a material change will be determined at our sole discretion.
22. Contact Information
If you have any questions about these Terms of Service, please contact us:
BVB Company LLC
Legal Department
1209 MOUNTAIN ROAD PL NE STE R
ALBUQUERQUE, NM 87110
United States
Email: info@bvbcompany.com
Phone: (505) 555-0100
Hours: Monday - Friday, 9:00 AM - 5:00 PM MST
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By using our Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.
Last Updated: January 1, 2025