Terms of Service

Last Updated: April 21, 2025

Welcome to Beams America. These Terms of Service (the “Terms”) govern access to and use of our websites that link to these terms (including www.beams-america.com) (the “Websites”) and any mobile application that links to these terms (each, an “App” and together with the Websites, the “Beams America Systems”). These Terms also govern any software, products and any other services, features, or content offered or made available by Beams America (collectively, and together with the Beams America Systems, the “Services”). These Terms are a legal agreement between you and Beams America, 4700 Boyle Avenue, Suite C, Vernon, CA 90058 and its affiliated entities (collectively, “Beams America,” “we,” “us,” and “our”).

By accessing, using, or interacting with the Services, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Services. We may revise these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes, except where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements. Certain Services may be subject to additional or separate terms and conditions. If there is a conflict between these Terms and such other terms and conditions, such other terms and conditions shall control.

Certain Services may be subject to additional or separate terms and conditions. If there is a conflict between these Terms and such other terms and conditions, such other terms and conditions shall control.

IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER.

Except for Section 12 which provides for binding arbitration and waiver of class action rights, we reserve the right to revise these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes, except where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements. Certain Services may be subject to additional or separate terms and conditions. If there is a conflict between these Terms and such other terms and conditions, such other terms and conditions shall control.

This Privacy Policy contains the following sections:

General
Intellectual Property
Prohibted Uses
Privacy
Warranty Disclaimer
Third-party Content
Indemnification
Limitation of Liability
Modification Suspension Termination
DMCA Notice
Text SMS Messaging
Mandatory Arbitration Class Action Waiver
Payments
Miscellaneous
Contact Us
Application Platform Terms

1. GENERAL

Access and Eligibility. By accessing or using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to be bound by these Terms or any provisions hereof, please do not access or use the Services. You may only use the Services if you can form a binding contract with Beams America (either on behalf of yourself or the entity you represent), and only in compliance with the Terms and all applicable local, state, national, and international laws, rules and regulations. You must be over the age of majority in your jurisdiction to use the Services, unless your parent or legal guardian agrees to these Terms on your behalf and grants you permission to use the Services. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to do so. You cannot access or use the Services if you are barred from receiving the Services under applicable law or have previously been suspended or removed from the Services.
User Account and Registration. In order to use certain parts of the Services, you may be required to register for an account (“User Account”) on behalf of yourself and/or on behalf of any entity or individual for which you are registering. You are responsible for ensuring that all required registration information you submit is truthful and accurate, and that your contact information is current. You are solely responsible for maintaining the confidentiality and security of your User Account login information. You agree not to share your login credentials or access to your User Account with anybody or to create more than one account. We are not liable for any losses incurred by you or any party as a result of unauthorized use of your User Account. You agree to notify us immediately of any unauthorized use of your User Account.
We reserve the right to close, suspend or limit access to your User Account and/or the Services in the event that, in our sole discretion: (i) we are unable to obtain or verify your identity or eligibility; (ii) the security of your User Account has been compromised; or (iii) your User Account has been, or is reasonably suspected to have been, used in a nefarious manner.
User Content.In using the Services, you may submit, display, post or otherwise make available through the Services certain content, including without limitation, data, designs, text, art, audio, video, graphics, images, information and other materials (collectively, “User Content”). You are solely responsible for any User Content that you make available through the Services, including any necessary third-party rights in the User Content. We reserve the right to pre-screen any User Content before its appearance on the Services, and may forbid or prevent you from posting, uploading, storing, sharing, sending or displaying such User Content to and through the Services at any time. We may, in our sole discretion, reject, move, edit, or remove any User Content that is submitted to the Services for any reason whatsoever, including without limitation, User Content that violates these Terms.

2. INTELLECTUAL PROPERTY

License Grant. Subject to the terms and conditions herein, we grant you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to access, view and use the Services solely for the permitted uses described herein. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms
Intellectual Property Ownership. As between you and Beams America, the Services, including without limitation any content, data, organization, graphics, design, compilation, magnetic translation, sound, artwork, computer code, digital conversion, logos, names, patents, trademarks, service marks, product and service names, slogans, copyrights, and all the intellectual property rights therein or relating thereto, are and shall remain the exclusive property of Beams America, its affiliates or licensors (as applicable). Nothing in these Terms shall be interpreted to provide you with any rights in the foregoing, except the limited right to use the Services expressly set forth herein.
License to User Content. When you submit User Content to or through the Services, you grant Beams America a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, cache, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or hereafter devised, without compensation to you, for any purpose including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof).
Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Services or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in it, and you will provide us with reasonable cooperation in documenting this grant. Beams America has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you.

3. PROHIBTED USES

In using the Services, you agree that you shall not, and shall not encourage, assist or enable any other third party to: (i) reproduce, duplicate, modify, copy, adapt, distribute, transmit, display, sell, rent, lease, loan,, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, services or data found in or on the Services; (ii) alter or tamper with any materials on or associated with the Services; (iii) engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation; (iv) engage in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, or otherwise violates any law or right of Beams America, its users, or any third party, including privacy rights, copyrights, or other intellectual property rights; (v) submit, send, post, upload or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters or any other form of solicitation; (vi) attempt to circumvent any technological measure implemented by use or any of our providers or any other third party (including another use) to protect or restrict access to the Services; (vii) attempt to decipher, remove, decompile, disassemble or reverse engineer any software or other underlying code in the Services, or use any network monitoring or discovery software to determine the Services architecture; (viii) remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services, or on any materials printed or copied from the Services; (ix) use any robots, spiders, scrapers or any other automated means to access the Services for any purpose; (x) take action that imposes, or may impose, in the discretion of Beams America, an unreasonable or disproportionately large load on Beams America's infrastructure; (xi) collect or harvest, including by means of spidering or use of spyware, any data (including personally identifiable information) from the Services; (xii) resell or make any commercial use of the Services except as authorized hereunder without our prior written consent; (xiii) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xiv) disrupt, overwhelm, attack, modify or interfere with the proper working of the Services, or impede or interfere with others’ use of the Services; (xv) access any content on the Services through any technology or means other than those provided or authorized by the Services; (xvi) transmit any viruses, malicious code or other computer instructions or technological means whose purpose is to disrupt, damage or interfere with the use of computers or related systems; (xvii) use any content on the Services in any manner that may infringe ay intellectual property right, proprietary right, or property right of us or any third party; (xviii) access the Services to build a similar or competitive website, application, product, or service; or (xix) use the Services in any way except as permitted by these Terms.

4. PRIVACY

For information about our data practices, including our collection and use of your information, please see our Privacy Policy. Our Privacy Policy applies to your use of the Services and is incorporated by reference into these Terms

5. WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, AND BEAMS AMERICA HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BEAMS AMERICA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) THE SERVICES ARE FREE OF ERRORS; (iv) THE FUNCTIONS OR FEATURES OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (v) DEFECTS WILL BE CORRECTED, OR (vi) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BEAMS AMERICA MAKES NO WARRANTY THAT IT WILL UPDATE OR CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR WEBSITE, APP, OR BEAMS AMERICA SERVICE FOR ANY PARTICULAR LENGTH OF TIME. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU.

6. THIRD-PARTY CONTENT.

The Services may contain links to third-party materials that are not owned or controlled by Beams America. Beams America does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services or share your information or data on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Beams America's Privacy Policy do not apply to your use of such sites. You expressly relieve Beams America from any and all liability arising from your use of any third-party website, service, or content, including without limitation content, data, information and/or materials submitted by other users. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Beams America shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

7. INDEMNIFICATION.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold Beams America and its respective officers, directors, employees, shareholders, and representatives (and all successors and assigns of any of the foregoing), harmless from and against any third-party claim or demand, including without limitation, reasonable lawyers’ fees and disbursements, in connection with or arising out of your use of the Services, your connection to the Services, your User Content, your violation of the Terms, your violation of an applicable law or regulation, your submission, posting, or transmission of User Content to the Services, and/or your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BEAMS AMERICA OR ITS AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO ANY COMPUTER OR DEVICE, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY CONTENT, OR ANY LINK OR CONNECTION PROVIDED BY THE SERVICES, WHETHER OR NOT BEAMS AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEAMS AMERICA, ITS AFFILIATES, AGENTS AND/OR EMPLOYEES BE LIABLE TO YOU FOR ANY CLAIMS, LIABILITIES OR DAMAGES HEREUNDER IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY YOU TO BEAMS AMERICA DURING THE TWELVE (12) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR THE DURATION OF YOUR USE OF THE SERVICES, WHICHEVER IS SHORTER
THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BEAMS AMERICA AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

9. MODIFICATION, SUSPENSION & TERMINATION

Modification of Services. Except as prohibited by applicable local legal requirements, we reserve the right to modify or discontinue the Services (or any portion thereof), temporarily or permanently, for any reason whatsoever, with or without notice. Beams America shall not be liable to you or any for any such modification, suspension or discontinuance of the Services.
Suspension & Termination. We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights granted to you herein with respect to the Services will immediately terminate; however, certain provisions of these Terms will still apply after termination. Termination of your use or access to the Services may also include, at Beams America’s sole discretion, the deletion of your User Account and/or User Content. Notwithstanding the foregoing, upon such termination, Beams America reserves the right to archive your User Account and/or retain User Content to the extent necessary to comply with legal and/or audit requirements or other applicable data retention policies; provided, however, that any retained User Content will be held in accordance with Beams America’s confidentiality obligations herein.

10. DMCA NOTICE

We respect the intellectual property of others, and we ask you to do the same. It is not our intent to infringe on the intellectual property rights of others, and we will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). If you believe that your User Content has been copied in a way that constitutes copyright infringement, please provide us with a written notice (“DMCA Notice”) with the following information:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit Beams America to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

You can submit a DMCA Notice to use directly by emailing us at customerservice@beams-america.com, with the subject line “COPYRIGHT INFRINGEMENT”. Please note that we may request additional information before removing any allegedly infringing material.

We may notify you if we receive a DMCA Notice about User Content that you have submitted to the Services. If you receive a notification that you are allegedly infringing on another’s copyright, you may file a responsive notice (“Counter-Notice”). We will review all DMCA Notices and Counter-Notices in an objective manner. If we determine that the DMCA Notice is valid, we may remove the infringing material. If we determine that your Counter-Notice is valid, we will remove the complaint and take no further action regarding your User Account.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL (IN A DMCA NOTICE OR COUNTER-NOTICE) IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Beams America and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Beams America’s rights and obligations under the DMCA, including 17 U.S.C. §512, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

11. TEXT/SMS MESSAGING

In using the Services, you may sign up to receive certain Beams America notifications or information via text messaging. These Beams America SMS Terms (the “SMS Terms”) govern the provision, receipt, and delivery of text messages by or on behalf of Beams America. Depending on the consent you’ve provided, our text messages (the “Beams America Texts”): (1) provide you with information you requested from us; (2) provide updates regarding transactions with or through us; and/or (3) provide you with marketing or promotional content that may interest you, including reminders about pending items in your shopping cart.

By providing your consent to receive Beams America Texts (as described below), you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing us at customerservice@beams-america.com with “Revoke Electronic Consent” in the subject line.
To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email us at customerservice@beams-america.com with contact information and the address for delivery.
Agreement and Consent to Receive Beams America Texts. You can provide us with your consent to receive Beams America Texts in multiple ways, such as by purchasing tickets from us, through communications or other transactions with us, or by opting into receiving marketing Beams America Texts. By providing your consent, you agree to these SMS Terms, the Terms, and Beams America’s Privacy Policy. By providing consent, you authorize us to use automated or nonautomated technology to send Beams America Texts to the number associated with your consent. You may opt into receiving Beams America Texts with marketing content, and consent to receiving marketing texts is not a condition of purchase.
Eligibility. By consenting to receive Beams America Texts, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in these SMS Terms and Beams America Terms. You further represent that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and for which you are authorized to opt into Beams America Texts.
Costs of Beams America Texts. Beams America does not charge you for Beams America Texts. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
Frequency of Text Messages. We may send you an initial message confirming your enrollment in Beams America Texts. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our services (e.g. whether you reply with HELP, the number of ticket purchases or sales you make on Beams America)
Participating Carriers. Beams America Texts are supported on all U.S. carriers. The supporting mobile carriers may change without notice, and the particular Beams America Texts program you join, including those operated through a different number, may be limited to specific carriers. Beams America and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages. Beams America Texts may not be compatible with all cell phone models.
Opting out of Beams America Texts. To get help about Beams America Texts, reply HELP to any Beams America Text. To opt out of Beams America Texts from a specific phone number, you must text STOP to that number. Texting STOP to one phone number will opt you out of further Beams America Texts from that specific phone number. You must separately opt out of each number from which you’ve provided us with consent to receive Beams America Texts. After we receive your “STOP” text, we may send you confirmation of your opt-out to a Beams America Text program via text message.
Modifications to these SMS Terms. We reserve the right to modify these SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in Beams America Texts shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.

12. MANDATORY ARBITRATION & CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.

12.1 Informal Dispute Resolution Procedure. If a Dispute (as that term is defined below) arises between you and Beams America, we are committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following email address: legal@beams-america.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with Beams America.

If the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and Beams America agree to the further Dispute resolution provisions below.

The aforementioned informal dispute resolution process, including your personal participation in the informal dispute resolution telephonic conference, is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

12.2 Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as expressly provided herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to legal@beams-america.com. If you are a Beams America registered user, any demand initiating arbitration, whether filed by you or Beams America, must include the email address you used to register with Beams America.

You agree that by using the Services in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Beams America and/or its parent, subsidiaries, affiliates, brands, and each of their respective current or former members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “Beams America Entities”) arising out of, relating to, or connected in any way with Beams America’s Services or these Terms, including the determination of the scope, enforceability, or applicability of this Arbitration Agreement (as defined below), including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) (“Dispute”) will be resolved exclusively by final and binding arbitration in accordance with this Section 12 (“Arbitration Agreement”).

This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with Section 12.10 (“30-Day Right to Opt Out”) and Section 12.11 (“Changes”) set forth herein. If you accept this Arbitration Agreement, then any previous arbitration agreement you had with Beams America is superseded and any Disputes, regardless of when they arose, will be subject to the provisions of this Arbitration Agreement. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a complaining party has satisfied the Informal Dispute Resolution Procedure described in Section 12.1 (“Information Dispute Resolution Procedure”) above (including whether the written description contained all required information), a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action

12.3 Class Arbitration and Collective Relief Waiver. YOU AND BEAMS AMERICA ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN SECTION 12.6 (“BATCH ARBITRATION”) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS BEAMS AMERICA PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

12.4 Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer, and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.

12.5 Arbitration Location and Procedure. For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in Los Angeles, California (unless otherwise agreed by the parties).

The arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Beams America submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Beams America (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

12.6 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Beams America (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Beams America and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Beams America and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Beams America otherwise consents in writing, Beams America does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 12.6 (“Batch Arbitration”). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

The parties agree that this Batch Arbitration provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the Batch Arbitration provision in this Section 12.6 (“Batch Arbitration”) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Beams America shall be entitled to arbitrate any claim that is a part of the Mass Filing.

12.7 Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators, with Beams America and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Beams America, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Beams America or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Beams America nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this section shall not be construed as opt out of Section 12.13 (“Class Action Waiver”) below. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

12.8 Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. 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 will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the “Limitation of Liability” section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable.

No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute, except to preclude the same or similar claims from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

12.9 Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Beams America will pay any filing and hearing fees in in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate including as specified in Section 12.6 provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

12.10 Thirty (30)-Day Right to Opt-Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to legal@beams-america.com with the subject line, “ARBITRATION OPT-OUT”. The notice must be sent within thirty (30) days of 04/21/2025 or your first use of the Service, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, Beams America also will not be bound by it. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Beams America, unless you had opted out of that clause as well. You agree that, if at some point in the future Beams America removes the Arbitration Agreement, restoring the right to proceed in court, no opt out from that change is required. Beams America will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Agreement pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and Beams America.

12.11 Changes. Beams America will provide thirty (30) days’ notice of any material changes to this “Mandatory Arbitration and Class Action Waiver” section. Any such changes will go into effect 30 days after Beams America provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If Beams America changes this “Mandatory Arbitration and Class Action Waiver” section after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes

12.12 Severability. If any part of this Section 12 is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). Notwithstanding the foregoing, if for any reason the Section 12.13 (“Class Action Waiver”) set forth below or Section 12.6 (“Batch Arbitration”) cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable.

12.13 Class Action Waiver. You may only resolve Disputes with Beams America on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Except as described in Section 12.6 (“Batch Arbitration”), class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren’t allowed.

13. PAYMENTS

You agree to pay all applicable charges and fees (including taxes, shipping and handling) related to any purchase you make on or through the Services, which are described upon checkout. All payments are processed and collected by our third-party service providers. All purchases and returns are subject to our Terms of Sale and Returns Policy.

Depending on the Website or App you are making purchases on, you may have a limited amount of time to purchase the products. Some of our brands offer a limited number of each item and do not guarantee product replenishment. In these situations, we will fulfill orders in the order they are received, and therefore products may sell out before your order for such product is fully processed. In the event that we cannot fully process your order due to lack of products, we will refund the fees you paid for the unavailable product to your payment card.

14. MISCELLANEOUS.

Entire Agreement. These Terms constitute the entire agreement between you and Beams America, and supersede any prior and contemporaneous agreements between you and Beams America on the subject matter.
Force Majeure. Under no circumstances will Beams America be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services, or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Beams America’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect. In the event that any provision is deemed unlawful or unenforceable, you and Beams America agree that such provision shall be modified or amended by the court or relevant authority to the extent necessary to render it enforceable, in accordance with the intent of the original provision. The modified provision shall be interpreted so as to reflect the original intent of the parties as closely as possible, while remaining compliant with applicable law
Third-party beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
No agency. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms, and you shall have no right or authority to assume or create any obligations or to make any representations on behalf of Beams America, or to bind Beams America in any respect
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Beams America. In the event you dispose of any device on which you have installed an App, such as by sale or gift, you are responsible for deleting such App(s) from your mobile device prior to such disposition. The Agreement may be assigned by Beams America without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Electronic processing. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
Headings. Headings and subheadings in these Terms are for convenience only and have no legal or contractual effect.
Survival. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive
Notification Procedures. Beams America may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice via the Services or via email to the email address listed on your User Account. It is your obligation to update your User Account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch.

15. CONTACT US.

If you wish to contact us or have any questions or concerns related to these Terms or your use of the Services, please (1) email us at legal@beams-america.com, or (2) contact us by U.S. Mail at Beams America, Attn: General Counsel, 4700 Boyle Avenue, Suite C, Vernon, CA 90058.

16. APPLICATION PLATFORM TERMS

Apple/iOS Terms. You acknowledge and agree that (i) these Terms are binding between you and Beams America only, and Apple is not a party hereto, and (ii) as between Beams America and Apple, it is Beams America that is responsible for the App(s) and the content thereof. You must use the iOS version of the App(s) only on an Apple-branded product that runs iOS. Your use of the iOS version of the App(s) must comply with the terms of use applicable to the Apple source from which you obtain it (including the “Usage Rules” set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the App(s).
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the application or your possession and use of the application, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App(s) infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the App(s) to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the App(s) (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App(s), and, as between Apple and Beams America, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Beams America’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Beams America’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
Other Terms. If an App is downloaded from any other store, platform, or marketplace, you acknowledge that you have read, understood, and agree to the customer terms of use of such stores, platforms, and marketplace. Beams America is the licensor of the App(s) and the provider of the Services, and any third party (e.g., operator of the store, platform, marketplace) is not a party to these Terms.