We are B’s Essentials Vending (“Company,” “we,” “us,” “our“) and we operate the website https://www.bsessentialsvending.com (the “Site“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“). You can contact us by email at info@bsessentialsvending.com or by mail to 116 Agnes RD STE 200 Knoxville, TN 37919, TN, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and B’s Essentials Vending, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE THE USE OF THIS SITE IMMEDIATELY.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Services, including but not limited to all source code, databases, portals, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only. Subject to your compliance with these Legal Terms, including the “RESTRICTED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to (i) access the Services; (ii) and download or print a copy of any portion of the Content to which you have properly gained access. solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@bsessentialsvending.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and infringement of our Intellectual Property Rights and your right to use our Services will terminate immediately.

Before submitting anything on our platforms, including but not limited to portals, blogs, social media, website(s), emails, questionnaires, surveys, messaging and other forms of postings, you are advised to review this section and the “RESTRICTED ACTIVITIES” section carefully prior to using our Services to understand the rights you give us and obligations you have when you post or upload any content through the Services.

By providing any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”) directly or through social media platforms, you grant us a worldwide, royalty-free, non-exclusive license to all intellectual property rights inherent in such Submissions. Furthermore, you expressly agree that we have the right to utilize and share, without the need for your explicit consent, any content posted on social media platforms related to our Marks and trade name. This includes the unrestricted use and dissemination of such content on our platforms for any lawful purpose, whether commercial or otherwise, without the obligation to provide acknowledgment or compensation to you. You are responsible for what you post or upload and by sending us Submissions through any part of the Services you:

• confirm that you have read and agree with our “RESTRICTED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.

You bear exclusive responsibility for your Submissions, and you explicitly agree to indemnify us against any and all losses incurred due to your contravention of this provision, infringement of any third party’s intellectual property rights, or violation of applicable laws.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that you have the legal capacity and you agree to comply with these Legal Terms; you are not a minor in the jurisdiction in which you reside; you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; you will not use the Services for any illegal or unauthorized purpose; and your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. PRODUCTS

While we strive to present the colors, features, specifications, and details of the products on the Services with the utmost accuracy, we do not warrant that such information will be precise, complete, reliable, current, or devoid of errors. It is important to note that your electronic display may not precisely replicate the actual colors and details of the products. Additionally, all products are subject to availability, and we cannot ensure the constant availability of items in stock. We retain the right to discontinue any products at our discretion and without prior notice. Furthermore, prices for all products are subject to change and you are advised not to rely on the prices displayed on any platform that we do not own. 

5. PURCHASES AND PAYMENT

Upon submitting an order on this Site, an automatic or manual email confirming the order details, including your name, address, product ordered, and price, will be sent. This email serves as an acknowledgment of order receipt by us and does not constitute acceptance. We reserve the right, following order receipt, to accept or decline the order for any reason, irrespective of whether the order has been confirmed or your credit card charged. If an order is declined or canceled after your credit card has been charged, a credit will be issued to your card. If the credit is delayed more than 24 hours, you must inquire with your relevant financial institution to address the matter promptly. Payment for the ordered products must be made using American Express, MasterCard, Visa credit card, PayPal, Amazon Pay, or Apple Pay. Your order will not be dispatched if payment is rejected by the card issuer, and payment is undertaken at your own risk. Prices and goods availability on this Site are subject to change without notice. Orders are exclusively accepted from and dispatched to addresses within the United States. We retain the right to modify these Legal Terms at our discretion.

Payment Options

• Down-payment and Balance: Customers can make a non-refundable down payment of $500 to us to initiate the design process. The remaining balance must be paid by the customers in full within 60 days to complete the manufacture and shipment of the machine. Full payment is required prior to shipping. If the remaining balance is not paid within the 60-day period, the $500 down payment will be forfeited. Additionally, if the purchase is not completed within 60 days, the $500 down-payment cannot and will not be transferred to a future purchase.
• Deposit and Remaining Balance: Customers may be given an option to pay in two installments with 50% being paid on the day of the purchase order and the remaining due in 30 days. Full payment is required before shipping. Failure to pay the remaining balance within 40 days will result in the forfeiture of the deposit. If the purchase is not completed within 45 days of the initial invoice date, the deposit cannot and will not be transferred to a future purchase.
• Late Payment Penalty: If the remaining balance is not paid after customization, a late fee will be applied, up to the maximum amount allowable under Tennessee and federal law. Customers will be granted a 10-day extension to settle the remaining balance. If the balance is not paid within the 10-day extension period, the deposit will be forfeited.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars. Please be aware that certain payment methods may not be supported or accepted on or by the Services. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. PRODUCT SHIPPING, SUPPORT, AND WARRANTY

Shipping

We strive to get deliveries out as soon as possible, but the maximum duration for delivery can range from 60 to 90 days. While we aim to expedite the process, we do not guarantee specific delivery times. We will keep customers informed and provide updates on the estimated shipping date once the machine reaches U.S. ports.

Technical Support

We provide a lifetime of limited technical support during our business hours of 8 am – 5 pm CST, Monday through Friday. “Lifetime” refers to the period during which you own the machine with our marks and affiliation. Our support includes assistance with machine software. If we are unable to resolve an issue, we will connect you with the manufacturer for further help. Due to the time difference of at least 12 hours with the manufacturer, immediate support may not always be available. For all types of support, except where stated as complimentary, a servicing fee may apply. If you encounter issues that cannot be resolved through our support or the manufacturer, you may choose to hire a third-party technician at your own expense. Technical support does not cover Nayax card readers. For issues with Nayax, please contact Nayax directly. Training is provided with the machine, including an operations manual for setup. Additional in-depth training, whether remote or in-person, incurs a separate fee. For in-person training, travel expenses will be charged to you. We will come to your location to assist with machine setup and software use. Additionally, customers receive complimentary technical support from the manufacturer, along with access to manuals, warranty registration, video support, and parts ordering through our network.

Warranty

Limited Parts Warranty: We offer a 1-year limited parts warranty for new machines and a 60-day limited parts warranty for pre-owned machines. While parts covered under this warranty are provided free of charge, the purchaser is responsible for all shipping costs related to warranty claims.

Warranty Exclusions: The warranty does not cover damages resulting from vandalism, including intentional acts of misuse or destruction. It also excludes any losses or damages caused by theft of the machine or its components. Additionally, the warranty does not apply to damages resulting from negligence, such as improper maintenance, misuse, or failure to adhere to operational guidelines. Damages arising from unauthorized modifications or repairs, performed by third parties not approved by us, are also excluded. Environmental factors that affect the machine’s performance, such as extreme temperatures, moisture, or contamination, are not covered. Cosmetic damages, such as scratches or dents that do not impact the machine’s functionality, are excluded. Finally, routine maintenance items and consumables that require regular upkeep are not covered under the warranty.

Requirements and Prerequisites: For proper machine operation, a stable power supply and effective communication via Ethernet, Wi-Fi, or cellular network are required. The responsibility for ensuring adequate electricity and connectivity lies with the purchaser. Additional equipment, such as booster antennas, may be necessary to enhance connectivity and will be the customer’s responsibility.

Warranty Disclaimers: Except as expressly stated in this warranty, we disclaim all other warranties, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose. Our liability is limited to the repair or replacement of parts covered under the warranty, and we are not liable for any including but not limited to incidental, consequential, punitive, or indirect damages arising from the use or inability to use the machine. We reserve the right to amend these warranty terms at our sole discretion without prior notice. It is your responsibility to periodically review these terms, as updates will be made available and you are expected to check for any changes. The warranty terms in effect at the time of purchase will apply to any claims. For warranty claims, please contact us directly; we are not responsible for costs incurred through third-party service providers or unauthorized repairs. This warranty shall be governed by the laws of the state in which we are located, and any disputes arising under this warranty will be resolved through arbitration in that state. By purchasing from us, you agree to these terms and acknowledge that you have read and understood this warranty and its limitations.

7. RETURN POLICY

All sales are final. We do not offer returns or exchanges on vending machines or products. However, each machine comes with a 1-year parts warranty to cover any manufacturing defects or issues. If you experience any problems with your machine within the warranty period, please contact us for assistance with parts replacement.

Each purchase will come with an agreement outlining specific terms. Please read this agreement carefully before purchasing for details on any refund, return, or exchange exemptions.

8. CUSTOMIZATIONS BUY-BACK PROGRAM

Customizations

Customization options include machine colors, designs, logos, LED lighting, refrigeration, digital screens, and cash-accepting systems. We also offer precise customization of springs to accommodate specific product sizes, integration of age verification software, and selection of the appropriate machine model for your business. Customizations must not be offensive, discriminatory, or otherwise inappropriate. We reserve the right to reject any design or customization request that, in our sole discretion, is deemed offensive, defamatory, obscene, or otherwise objectionable. Machines featuring branding, including any logos or custom designs, are not eligible for the Buy Back Program (as stated below). Only machines in solid colors without branding will be considered for repurchase. Once your machine design has been approved, any subsequent redesign requests may incur a fee. This fee will be determined at our sole discretion provided its commercially reasonable, and must be paid by the customer. The customer acknowledges that we are not responsible for the operations of their business or the sales of their products through our machines. It is the customer’s sole responsibility to ensure compliance with commercial ethics, and all applicable state vending regulations and guidelines.

Buy Back Program

B’s Essentials Vending offers a Buy Back Program that allows us to repurchase vending machines previously sold to customers, subject to specific eligibility criteria. To qualify for repurchase, machines must be no older than 5 years, free from significant damage (including, but not limited to, water damage or faulty touchscreens), and must be in solid colors without any branding. Refurbished machines are expressly excluded from this program. Any replacement parts must be sourced from the original manufacturer of the machine. The decision to repurchase is at our sole discretion, and buyback is not guaranteed. Refurbished machines are covered by a 60-day warranty for part replacements but are not eligible for buyback. Customers should contact us for the most current information regarding our remanufactured inventory, as it is subject to change.

9. LEASE-TO-OWN

Qualifying customers have the option to choose a lease-to-own arrangement through a third-party lending company. By selecting this option, the customer acknowledges and agrees that the lease-to-own agreement will be exclusively between the customer and the lending company. B’s Essentials Vending is not a party to, nor does it assume any responsibility for, the lease-to-own agreement, including any payments, fees, or other obligations associated with the lending service. The customer agrees that B’s Essentials Vending shall not be liable for any issues, disputes, or claims arising out of or related to the lease-to-own arrangement. This includes, but is not limited to, any disputes regarding payment terms, interest rates, service fees, or any other terms set forth by the lending company. The customer is solely responsible for understanding and fulfilling all terms and conditions imposed by the lending company and for resolving any issues directly with the lender.

B’s Essentials Vending provides no warranties or guarantees regarding the terms or conditions of the lease-to-own agreement, and any such agreements are made solely between the customer and the lending company. Any issues or concerns related to the lease-to-own arrangement must be addressed with the lending company, and B’s Essentials Vending shall not be held responsible or liable for any related matters.

10. RESTRICTED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords, circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein, disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services, use any information obtained from the Services in order to harass, abuse, or harm another person, making improper use of our support services or submitting false reports of abuse or misconduct, using the Services in a manner inconsistent with any applicable laws or regulations, engaging in unauthorized framing of or linking to the Services, uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other materials that interfere with any party’s uninterrupted use and enjoyment of the Services, or modify, impair, disrupt, alter, or interfere with the use, features, functions, operation, or maintenance of the Services. Users are also prohibited from engaging in any automated use of the system, deleting the copyright or other proprietary rights notice from any Content, attempting to impersonate another user or person, uploading or transmitting any material that acts as a passive or active information collection or transmission mechanism, interfering with, disrupting, or creating an undue burden on the Services or the connected networks, harassing, annoying, intimidating, or threatening any of our employees or agents, attempting to bypass measures designed to prevent or restrict access, copying or adapting the Services’ software, deciphering, decompiling, disassembling, or reverse engineering any software, using automated systems like spiders, robots, cheats, scrapers, or offline readers, employing buying agents or purchasing agents, making unauthorized use of the Services, selling or transferring profiles, advertising or offering to sell goods and services, and sharing sensitive/personal information among each other. Any violation of these prohibitions may result in consequences as outlined in the Terms of Service.

11. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms; you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms; your Contributions are not false, inaccurate, or misleading; your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation; your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us); your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone; your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people; your Contributions do not violate any applicable law, regulation, or rule; your Contributions do not violate the privacy or publicity rights of any third party; your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors; your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

12. SUBMISSION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings). By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your submissions. You retain full ownership of all of your submissions and any intellectual property rights or other proprietary rights associated with your submissions. We are not liable for any statements or representations in your submissions provided by you in any area on the Services. You are solely responsible for your submissions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your submissions.

13. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

14. MANAGEMENT OF SERVICES

We reserve the right, but not the obligation, to: 

• monitor the Services for violations of these Legal Terms;
• take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 
• in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
• otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. Furthermore, we cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. This means you’re giving up the option to participate in a class action lawsuit. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States of America, Tennessee. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

19. TYPOGRAPHICAL OR GENERAL ERRORS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

The Services are presented to you on an “as-is” and “as-available” basis, meaning that they are provided without any explicit warranties or guarantees regarding their performance, availability, or suitability for a particular purpose. Your decision to use these Services is entirely at your own risk, and we explicitly disclaim all warranties, whether express or implied, to the fullest extent allowed by law. These disclaimed warranties include, but are not limited to, those related to merchantability, fitness for a specific purpose, and non-infringement. We explicitly state that we make no promises or representations about the accuracy or completeness of the content within the Services or on any linked websites or mobile applications. Consequently, we assume no responsibility or liability for any errors, mistakes, or inaccuracies in the content and materials provided. Furthermore, we absolve ourselves of any responsibility for personal injury, property damage, unauthorized access to our secure servers, interruption or cessation of transmission to or from the Services, bugs, viruses, or similar issues that may be transmitted by third parties. Additionally, we emphasize that we do not provide any warranty, endorsement, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Services or on linked websites. We explicitly disassociate ourselves from any involvement in or monitoring of transactions between you and third-party providers. As a user, it is essential to exercise your best judgment and caution when navigating the Services, similar to any product or service purchase in any medium or environment. This detailed disclaimer is intended to transparently communicate the terms under which the Services are provided and to inform users about potential risks associated with their use.

21. LIMITATIONS OF LIABILITY

Under no circumstances will without limitation, we or our directors, employees, affiliates, or agents be held liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, which may include lost profit, lost revenue, or loss of data, arising from your use of the Services. Even if we have been advised of the possibility of such damages, our liability to you for any cause whatsoever, regardless of the form of the action, will always be limited to the lesser of the amount you paid, if any, to us or $50.00 USD. 

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arbitration costs, and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. B’s Essentials does not guarantee the receipt of any emails sent from the Site, either by you or received by us if initiated by you. Additionally, B’s Essentials does not provide a warranty regarding the privacy and/or security of emails during their transmission over the Internet.

25. ENTIRE AREEMENT

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

26. NOTICES

Unless explicitly stated otherwise in the Services, all notifications under this agreement will be in writing and considered received under the following conditions: when personally delivered or sent by certified or registered mail with return receipt requested, it will be deemed received upon actual receipt; when electronically confirmed, if transmitted by facsimile or email, it will be considered received at the moment of electronic confirmation; or when sent for next-day delivery via a recognized overnight delivery service, it will be regarded as received the day after it is dispatched. For your convenience, you are encouraged to reach out to us using the contact methods provided on our Contact Us page. You hereby consent to receiving notices related to your use of the Services through electronic mail, a general notice posted on the Services, or through written communication sent via overnight courier or U.S. mail to your email or mailing address as recorded in our records at the relevant time.

27. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: B’s Essentials Vending L.L.C. 116 Agnes RD STE 200 Knoxville, TN 37919, United States, info@bsessentialsvending.com

SOCIAL MEDIA DISCLAIMERS

THESE DISCLAIMERS APPLY TO ALL THE SOCIAL MEDIA ACCOUNTS AND OTHER FORMS OF PUBLIC MEDIA AND INTERACTION FOR BRITTNI CLEMONS AND ALL OTHER AFFILIFATED ENTITIES AND INDIVIDUALS OF B’S ESSENTIALS VENDING L.L.C. THIS DISCLAIMER MAY UNDERGO PERIODIC REVIEWS AND UPDATES. USERS ARE ENCOURAGED TO CHECK FOR ANY CHANGES TO ENSURE THEIR ONGOING UNDERSTANDING OF THE TERMS AND CONDITIONS GOVERNING THEIR USE OF B’S ESSENTIALS VENDING L.L.C. SOCIAL MEDIA PLATFORMS.

The opinions and views expressed on our social media platforms including but not limited to blogs, LinkedIn, Instagram, Facebook, Twitter, and YouTube pages (the “Social Platforms”), are those of individuals, bloggers and online communities. They do not represent the views of B’s Essentials or any of its directors, employees, affiliates, or agents. The expressed opinions and views do not reflect the views of the Site, affiliated sites, or any members associated with the site

Your use of our Social Platforms is at your own risk. By accessing and utilizing these platforms, you accept full responsibility and assume the risk of any loss resulting from downloading and/or using files, information, communications, content, or other materials, including software or malware, obtained through our social media sites. While we strive to make reasonable efforts to oversee and possibly moderate the content posted on our social media platforms, it’s important to note that we cannot moderate every comment and might not always respond promptly to every comment or online information request.

B’s Essentials Vending L.L.C. explicitly disclaim any liability for viruses or other potential contamination of the computer systems or devices you use to access our Social Platforms. Additionally, we absolve ourselves of liability for actions taken or not taken based on any or all contents found on our Social Platforms. It’s essential to understand that the Social Platforms and other platforms utilized by us are distinct from the Site. We neither own nor control the Social Platforms, and therefore, our Privacy Policy does not extend to them. Should you choose to provide information through registration or other interactions on Social Platforms, such actions exist solely between you and the respective platform. Any information voluntarily contributed during registration is not maintained by us. Moreover, we do not gather personally identifiable information, such as your name, address, or telephone number, from our Social Platforms.

Our ability to control information or content once it’s published on our Social Platforms may be limited. It is crucial that you acquaint yourself with the Terms of Service of any Social Platforms you plan to use. We disclaim any responsibility for damages or liability arising from the publication of information or content, as well as any procedures related to removal or complaints stemming from such information or content. The responsibility for removing such information or content and/or participating in complaint processes lies solely with you. It is advised to carefully understand and adhere to the guidelines and policies set forth by the respective Social Platforms.

Users who contribute content, including reviews, testimonials, or photos, to our Social Platforms hereby grant B’s Essentials Vending L.L.C. a non-exclusive, royalty-free, worldwide license to use, reproduce, and distribute such content for promotional purposes. It is important to note that the use of user-generated content does not imply endorsement or approval by B’s Essentials Vending L.L.C. The intellectual property rights pertaining to the contributed content remain with the respective owners.

It is important to note that B’s Essentials Vending L.L.C. does not collect personally identifiable information from Social Platforms. For detailed information on data collection and privacy practices, we encourage users to refer to our official Privacy Policy available on our Site.

Participation in promotions or contests hosted on our Social Platforms is subject to official rules and eligibility criteria. We urge users to carefully review and comply with the provided terms and conditions for these activities. It is essential to understand that B’s Essentials Vending L.L.C. reserves the right to modify or cancel promotions or contests at its discretion. For contact and information, please use [enter contact email]

FRANCHISE PORTAL – TERMS & DISCLAIMERS 

USERS WITH ACCESS TO FRANCHISE PORTAL ARE SUBJECT TO THE SITE POLICIES INCLUDING THE TERMS AND CONDITIONS, PRIVACY POLICY, AND SOCIAL MEDIA DISCLAIMERS SET FORTH ON THE SITE INCLUDING RESTRICTED ACTIVITIES. 

These Terms and Disclaimer serves to articulate the singular and exclusive business-related intent of the Franchise Portal, which is strictly limited to activities associated with B’s Essentials franchise (“B’s Franchise”). Any form of unauthorized or personal utilization of the Franchise Portal is expressly forbidden. Participation in activities that extend beyond the expressly designated business scope may result in the termination of access privileges, accompanied by potential legal repercussions. By gaining access and utilizing the Franchise Portal, you (the “Franchise Partner”) acknowledge and agree to the following terms and conditions:

• You must refrain from sharing sensitive information, including financial details, revenues, and profits on this Franchise Portal and other unauthorized individuals or entities. You must know that certain Franchise Partners may have signed confidentiality agreements and any breach of confidentiality may result in legal consequences. You are urged to exercise the highest standard of care and discretion in handling such information, recognizing the potential harm that can arise from breaches of confidentiality and non-disclosure.
• Franchisee Partners are prohibited from making misrepresentations or false statements about their B’s Franchise, its products, or services. Engaging in deceptive practices may lead to including but without limitation to terminating your access to this Franchise Portal, the Site, potential legal consequences, financial liabilities, and termination of your Franchise Agreement. You are advised to diligently adhere to the Terms and Conditions of the Site to avoid such repercussions.
• Franchise Partners are explicitly advised not to solely rely on representations made by other Partners. Each Partner is individually responsible for verifying information independently to make informed decisions based on accurate and reliable data. While collaboration is encouraged, due diligence and independent verification are crucial for making well-informed business decisions
• Non-compliance with the terms and conditions of the franchise agreement, applicable laws, or portal usage policies carries significant legal ramifications. B’s Essentials will not be held liable for any legal consequences arising from non-compliance with applicable laws, and Franchise Partners are urged to seek independent legal advice to ensure a thorough understanding of their legal obligations by their use of this Franchise Portal. You must acknowledge and agree that access to this Franchise Portal may be subject to your local jurisdiction and you assure us that you have complied and continue to comply with all such laws. 
• Franchise Partners are expressly forbidden from participating in unethical schemes or activities that could tarnish the reputation of B’s Franchise.
• Franchise Partners bear the responsibility of ensuring the accuracy of the information they provide on the Franchise Portal. 
• We may update, change, modify, revise, or remove these terms and conditions at any time with or without notice and it is your responsibility to check for regular updates. Different industries may have unique regulations that impact franchise operations. Franchise Partners are responsible for understanding and adhering to any industry-specific laws that govern their business. The portal does not guarantee resources and updates on industry regulations, but Franchise Partners should conduct independent research to ensure compliance with all applicable standards.
• Franchise Partners acknowledge and agree that any form of solicitation, collaboration, or partnership with other Partners through the Franchise Portal requires prior written consent from us. Without explicit authorization, Franchise Partners are prohibited from engaging in collaborative efforts, forming partnerships, or soliciting business ventures with other Partners within or outside the Franchise Portal.
• Franchise partners are obligated to maintain up-to-date cybersecurity protection on all devices used to access the franchise portal. This includes implementing robust antivirus software, firewalls, and other security measures to safeguard against cyber threats. Partners must ensure that their cybersecurity practices align with the standards set by the portal to mitigate the risk of unauthorized access, data breaches, or any compromise of sensitive information. We have the right to monitor content and activities conducted on the Franchise Portal for our internal compliance but we do not guarantee 24/7 surveillance. We expressly disclaim any and all guarantees regarding the protection against viruses or malware. While Franchise Partners are required to implement cybersecurity measures, including antivirus software, we do not assume liability or responsibility for the prevention, detection, or removal of viruses or malware on devices accessing the Franchise Portal.
• You are obligated to maintain up-to-date cybersecurity protection on all devices used to access the franchise portal. This includes implementing robust antivirus software, firewalls, and other security measures to safeguard against cyber threats. Partners must ensure that their cybersecurity practices align with the standards set by the portal to mitigate the risk of unauthorized access, data breaches, or any compromise of sensitive information.
• Franchise Partners are expressly prohibited from engaging in any activities, including posting content, comments, or engaging in discussions, that involve hate speech, racism, or discriminatory behavior. This prohibition extends to any form of written, verbal, or visual communication within and outside the Franchise Portal.
• B’s Essentials Vending reserves the right to pursue all available legal remedies against Franchise Partners who violate the terms and conditions outlined herein and other legal terms stated on this Site including the Terms and Conditions. This includes, but is not limited to, seeking damages, injunctive relief, or any other legal recourse necessary to enforce compliance and protect our rights and interests. Violations of confidentiality, misrepresentations, unethical conduct, and non-compliance with applicable laws or portal policies may result in legal action, including the initiation of a lawsuit, to address and remedy such breaches.
• Any disputes arising out of or related to violations of these terms and conditions will be addressed through appropriate legal channels. Franchise Partners agree to resolve disputes in accordance with the applicable laws of the state in which B’s Essentials Vending is located and to bear any costs associated with legal proceedings.
• In addition to pursuing legal action, B’s Essentials Vending may terminate access to the Franchise Portal, the Franchise Agreement, or any associated agreements in response to significant violations or breaches. Termination does not preclude B’s Essentials Vending from seeking any legal remedies available for the enforcement of these terms.