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Terms of Use

TERMS OF USE

Effective Date: January 5, 2026

IMPORTANT NOTICE

THESE TERMS OF USE CONTAIN IMPORTANT PROVISIONS AFFECTING YOUR LEGAL RIGHTS, INCLUDING AN AGREEMENT TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION, A CLASS-ACTION WAIVER, DISCLAIMERS OF WARRANTIES, AND LIMITATIONS OF LIABILITY.

PLEASE REVIEW THESE TERMS CAREFULLY BEFORE ACCESSING THE SERVICES, CREATING AN ACCOUNT, OR PLACING AN ORDER.

1. ACCEPTANCE OF THESE TERMS

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Ant Ant Beverage Inc., doing business as Bronx Beverages and ANT ANT Beverage Distribution (“Bronx Beverages,” “ANT ANT Beverage,” “Company,” “we,” “us,” or “our”).

These Terms govern your access to and use of:

  • The Bronx Beverages website;

  • The online store available through www.bronxbeverages.com;

  • Any Bronx Beverages mobile application;

  • Customer accounts and membership features;

  • Product listings and ordering tools;

  • Commercial and residential delivery services;

  • Customer-service features;

  • Email, text-message, and push-notification services;

  • Promotions, loyalty programs, reviews, and other interactive features; and

  • Any related websites, applications, digital platforms, content, products, or services that link to or reference these Terms.

The website, online store, mobile application, ordering system, account features, delivery-related tools, communications systems, and related services are collectively referred to as the “Services.”

By accessing or using the Services, creating an account, submitting an order, checking a box indicating your agreement, selecting a button stating that you agree, or otherwise affirmatively accepting these Terms, you acknowledge that:

  1. You have read and understand these Terms;

  2. You agree to be legally bound by these Terms;

  3. You have the legal capacity and authority to enter into this agreement; and

  4. You agree to comply with all applicable laws, regulations, and policies.

If you do not agree to these Terms, do not access or use the Services, create an account, or place an order.

2. COMPANY INFORMATION

The Services are owned and operated by:

Ant Ant Beverage Inc.
Doing Business As: Bronx Beverages and ANT ANT Beverage Distribution
910 Nepperhan Avenue
Yonkers, New York 10703
Telephone: (718) 863-8881
Email: webmaster.antantbeverageinc@gmail.com
Website: www.bronxbeverages.com

3. CHANGES TO THESE TERMS

We may revise these Terms periodically to reflect changes in:

  • Our products or Services;

  • Ordering, delivery, or payment practices;

  • Mobile application functionality;

  • Technology or security requirements;

  • Applicable laws or regulations;

  • Third-party services;

  • Business operations; or

  • Our policies and procedures.

The updated Terms will be posted with a revised effective or last-updated date.

Changes will become effective when posted unless a later date is stated. Where required by law, we may provide additional notice or request renewed consent.

Your continued use of the Services after revised Terms become effective constitutes your acceptance of those revisions.

Material changes to the arbitration agreement will not apply retroactively to a dispute of which Bronx Beverages had actual written notice before the revised Terms were posted, unless you expressly agree otherwise.

4. PRIVACY

Our collection, use, storage, and disclosure of personal information are governed by our Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference. By using the Services, you acknowledge that you have reviewed the Privacy Policy.

If there is a conflict between these Terms and the Privacy Policy concerning the handling of personal information, the Privacy Policy will control with respect to that issue.

5. ELIGIBILITY

You must be at least 18 years old and have the legal capacity to enter into a binding contract to create an account or place an order through the Services.

Individuals under 18 may use the Services only under the supervision of a parent or legal guardian who agrees to be responsible for the individual’s use of the Services.

The Services are not directed to children under 13.

By using the Services on behalf of a business, organization, restaurant, store, office, building, institution, or other legal entity, you represent and warrant that:

  • You are authorized to act on behalf of that entity;

  • You have authority to bind that entity to these Terms;

  • All information you provide is accurate and authorized; and

  • The entity agrees to be responsible for your activity and any orders placed through its account.

In that circumstance, “you” and “your” include both the individual user and the applicable entity.

6. ELECTRONIC COMMUNICATIONS AND RECORDS

When you use the Services, create an account, place an order, send us an email, submit a form, or otherwise communicate electronically, you consent to receive electronic communications from us.

Electronic communications may include:

  • Order confirmations;

  • Receipts;

  • Delivery notices;

  • Account notices;

  • Security alerts;

  • Changes to orders;

  • Product-availability notices;

  • Policy updates;

  • Legal notices;

  • Customer-service communications;

  • Promotional communications, where authorized; and

  • Other information relating to your use of the Services.

You agree that electronic agreements, notices, disclosures, confirmations, and other communications satisfy any legal requirement that the communication be provided in writing.

You are responsible for maintaining a valid email address and telephone number and for reviewing communications sent to the contact information associated with your account or order.

You may retain a copy of these Terms electronically or print them for your records.

7. CUSTOMER ACCOUNTS

Certain features may require you to register for a customer account.

When creating or maintaining an account, you agree to:

  • Provide complete, accurate, and current information;

  • Maintain only accounts you are authorized to use;

  • Keep your login credentials confidential;

  • Use a secure and unique password;

  • Promptly update changed contact or delivery information;

  • Prevent unauthorized access to your account;

  • Accept responsibility for activity conducted through your account; and

  • Notify us promptly of suspected unauthorized access or account compromise.

You may not:

  • Create an account using false or misleading information;

  • Impersonate another person or business;

  • Create an account for another person without authorization;

  • Sell, transfer, lease, sublicense, or share an account;

  • Use another person’s account without permission;

  • Circumvent an account restriction or suspension; or

  • Create multiple accounts to misuse promotions, discounts, or Services.

We may require account verification, identity verification, payment verification, business documentation, or additional information before permitting certain transactions.

We reserve the right to reject an account registration or to suspend, restrict, or terminate an account where we reasonably believe that:

  • Information is inaccurate, incomplete, or fraudulent;

  • The account has been compromised;

  • The account is being misused;

  • A transaction presents a security, payment, fraud, or legal risk;

  • These Terms have been violated;

  • Continued access may harm Bronx Beverages, another person, or the Services; or

  • Suspension or termination is otherwise permitted by law.

Account suspension or termination does not eliminate payment obligations arising before suspension or termination.

8. ACCOUNT DELETION

You may request deletion of your account through an available account-deletion feature or by emailing webmaster.antantbeverageinc@gmail.com with the subject line “Account Deletion Request.”

We may require reasonable verification before processing the request.

Deleting an account may permanently remove:

  • Saved addresses;

  • Order history;

  • Favorites;

  • Preferences;

  • Loyalty information;

  • Stored communications;

  • Account settings; and

  • Other account-associated information.

Certain information may be retained when reasonably necessary to:

  • Complete a pending transaction;

  • Process a refund, credit, dispute, or chargeback;

  • Maintain accounting and tax records;

  • Prevent fraud;

  • Enforce these Terms;

  • Comply with legal obligations;

  • Maintain an opt-out record;

  • Protect security; or

  • Establish, exercise, or defend legal claims.

Additional information regarding account deletion is available in our Privacy Policy.

9. LIMITED LICENSE TO USE THE SERVICES

Subject to your compliance with these Terms, Bronx Beverages grants you a limited, personal, revocable, nonexclusive, nontransferable, and nonsublicensable license to access and use the Services for their intended purposes.

This license does not transfer ownership of the Services or any content.

You may use the Services to:

  • Review available products;

  • Obtain general product information;

  • Create and manage an account;

  • Place authorized orders;

  • Request local delivery;

  • Communicate with Bronx Beverages;

  • Manage communication preferences; and

  • Use other functionality we make available.

We may revoke this license at any time if you violate these Terms or misuse the Services.

10. PRODUCT INFORMATION

We make reasonable efforts to provide accurate product descriptions, images, sizes, package quantities, flavors, prices, and availability.

However:

  • Product packaging may change without notice;

  • Manufacturers may change labels, ingredients, formulations, dimensions, or package counts;

  • Images may not reflect the product’s exact appearance;

  • Display colors may vary by device;

  • Product names or descriptions may contain typographical errors;

  • Availability may change before an order is processed;

  • Product dimensions and weights may be approximate;

  • Product images may show serving suggestions or branding not included with the purchase; and

  • Website information may not reflect a recent manufacturer change.

The product label and manufacturer-provided packaging accompanying the product control in the event of a conflict with a website description.

We may correct errors or update product information at any time without prior notice.

11. INGREDIENTS, ALLERGENS, CAFFEINE, AND NUTRITIONAL INFORMATION

Product ingredients, allergen statements, caffeine content, nutritional values, warnings, certifications, and dietary claims are generally provided by the applicable manufacturer.

Bronx Beverages does not independently formulate or manufacture the third-party branded products offered through the Services unless expressly stated.

Manufacturers may change product formulations or packaging without immediately notifying distributors.

Before consuming or serving a product, you are responsible for reviewing the product’s physical label and packaging, particularly if you or another person has:

  • A food allergy;

  • A dietary restriction;

  • A medical condition;

  • A caffeine sensitivity;

  • A sugar or sodium restriction;

  • A pregnancy-related concern;

  • A medication interaction concern; or

  • Another health-related consideration.

Do not rely exclusively on website images or descriptions when making an allergy, dietary, medical, or nutritional decision.

The Services do not provide medical, dietary, or nutritional advice. Consult an appropriate healthcare professional regarding individual health concerns.

Nothing in these Terms limits any rights arising from applicable product-safety, warranty, recall, or consumer-protection law.

12. PRODUCT AVAILABILITY

All products are subject to availability.

Placing an item in a cart does not reserve that product or guarantee availability.

We may:

  • Limit quantities;

  • Decline unusually large orders;

  • Decline orders that exceed available inventory;

  • Remove discontinued products;

  • Correct inventory errors;

  • Substitute an item with your authorization;

  • Offer a credit for an unavailable item;

  • Partially fulfill an order with your approval; or

  • Cancel an affected item or order.

We are not responsible for manufacturer shortages, distributor shortages, supply-chain disruptions, transportation interruptions, labor disruptions, recalls, weather events, governmental restrictions, or other events outside our reasonable control.

13. ORDERS AND ORDER ACCEPTANCE

Your submission of an order constitutes an offer to purchase the identified products under these Terms.

An automated acknowledgment, payment authorization, or confirmation that we received your order does not necessarily constitute final acceptance.

An order is accepted when we:

  • Confirm that the order has been accepted for fulfillment;

  • Begin preparing the order;

  • Dispatch the order for delivery; or

  • Otherwise expressly confirm acceptance.

We may reject, limit, hold, or cancel an order for reasons including:

  • Product unavailability;

  • Pricing or description errors;

  • An address outside the service area;

  • Incomplete or inaccurate information;

  • Suspected fraud;

  • Payment failure;

  • Unresolved chargebacks;

  • Safety concerns;

  • Delivery-access limitations;

  • Violation of these Terms;

  • Legal or regulatory restrictions;

  • Product recalls;

  • Technical errors; or

  • Operational limitations.

If we cancel a prepaid order before delivery, we will ordinarily issue an appropriate refund or credit for the canceled amount, subject to these Terms and applicable law.

14. ORDER INFORMATION

You are responsible for confirming the accuracy of all order information before submitting an order.

This includes:

  • Product selection;

  • Flavor or variety;

  • Size;

  • Package count;

  • Quantity;

  • Delivery address;

  • Apartment or suite number;

  • Floor;

  • Business name;

  • Telephone number;

  • Delivery instructions;

  • Requested delivery date;

  • Billing information;

  • Tax status; and

  • Promotional information.

We are not responsible for delays, failed deliveries, additional costs, or incorrect fulfillment caused by inaccurate or incomplete information supplied by you.

Changes requested after an order has entered fulfillment may not be available.

15. PRICES

Unless otherwise stated, prices are displayed in United States dollars.

Prices may change at any time before an order is accepted.

Prices may vary based on:

  • Product size;

  • Package quantity;

  • Inventory;

  • Manufacturer pricing;

  • Supplier pricing;

  • Delivery area;

  • Commercial or residential status;

  • Account-specific pricing;

  • Order volume;

  • Promotions;

  • Applicable fees; or

  • Other business considerations.

A price displayed on the Services does not obligate us to fulfill an order where the price resulted from:

  • A typographical error;

  • A technical error;

  • A data-feed error;

  • An unauthorized discount;

  • A system malfunction;

  • Incorrect account pricing; or

  • Other obvious pricing mistake.

If a pricing error affects an order, we may contact you for approval of the corrected price or cancel the affected item or order.

16. TAXES AND FEES

You are responsible for applicable taxes, delivery fees, service fees, processing fees, deposits, bottle or container charges, and other charges disclosed before checkout or otherwise agreed upon.

Taxes and fees may be estimated at checkout and adjusted when permitted by law.

Commercial customers claiming tax-exempt or resale status must provide complete and valid documentation.

You are responsible for:

  • The accuracy of exemption documentation;

  • Maintaining current certificates;

  • Proper use of tax-exempt purchases;

  • Taxes later determined to be due; and

  • Penalties resulting from false, expired, or improper documentation.

We may reject or suspend tax-exempt status if documentation is incomplete, expired, inaccurate, or legally insufficient.

17. PAYMENT

Payment methods available through the Services may include credit cards, debit cards, digital wallets, manually arranged payment methods, commercial invoicing, or other options displayed at checkout.

Payment processing may be provided by Wix, Wix Payments, a card network, bank, digital-wallet provider, payment gateway, or another third-party processor.

By submitting payment information, you represent and warrant that:

  • You are authorized to use the selected payment method;

  • The information provided is accurate;

  • The transaction is permitted by the payment provider;

  • The purchase is not fraudulent or unlawful; and

  • You authorize the applicable charges.

You authorize Bronx Beverages and its payment processors to:

  • Verify payment information;

  • Obtain payment authorization;

  • Charge the order total;

  • Correct transaction errors;

  • Process credits or refunds;

  • Resubmit a declined or returned transaction where legally permitted;

  • Use fraud-prevention services; and

  • Retain transaction records as permitted by law.

We are not responsible for charges imposed by your financial institution, including overdraft fees, currency-conversion fees, insufficient-funds fees, or card-related charges.

18. PAYMENT AUTHORIZATIONS AND ADJUSTMENTS

A payment authorization may temporarily reduce your available balance before the transaction is finalized.

The final charge may differ from an initial authorization where:

  • An unavailable item is removed;

  • A substitution is approved;

  • A quantity changes;

  • An order is partially fulfilled;

  • A tax or fee is corrected;

  • A credit is applied; or

  • Another authorized order adjustment occurs.

Release of an unused authorization amount is controlled by the applicable financial institution and may take additional time.

19. COMMERCIAL CREDIT AND INVOICING

Commercial credit, invoice billing, or payment terms are available only when expressly approved by Bronx Beverages.

Approval may be conditioned on:

  • A credit application;

  • Business identification;

  • Trade references;

  • A personal or business guaranty;

  • Resale or tax documentation;

  • Credit review;

  • Purchase history;

  • Payment method;

  • Order volume; or

  • Other reasonable requirements.

Unless different terms are stated on an invoice or written agreement:

  • Invoices are due when stated on the invoice;

  • Past-due balances may result in account suspension;

  • Additional orders may require advance payment;

  • Credits may be applied against outstanding balances;

  • Returned payments may be subject to lawful fees; and

  • Bronx Beverages may reduce or revoke credit privileges.

To the fullest extent permitted by law, overdue commercial balances may accrue a service charge at the lesser of:

  1. One and one-half percent per month; or

  2. The maximum rate permitted by applicable law.

Commercial customers are responsible for reasonable collection costs, including attorneys’ fees, where permitted by law and provided for by an applicable agreement, invoice, or statute.

Nothing in this section creates an obligation to extend credit.

20. LOCAL DELIVERY ONLY

Orders placed through the Services are for local delivery within Bronx Beverages’ designated service area unless we expressly agree otherwise.

The current service area may include qualifying locations within:

  • The Bronx;

  • Manhattan;

  • Southern Westchester County; and

  • Other locations expressly approved by Bronx Beverages.

Service areas, routes, minimum orders, available days, delivery fees, and delivery requirements may vary by location and may change.

Customers requesting service in Rockland County, Westchester County, or another area should contact us to confirm availability before ordering when instructed by the Services.

An address appearing in an online checkout system does not guarantee that the location is eligible for delivery.

Orders submitted for locations outside the designated service area may be canceled.

If an out-of-area order was prepaid, we will issue an appropriate refund, less any processing fee that was clearly disclosed, actually incurred, nonrefundable to us, and legally permitted.

21. DELIVERY SCHEDULES

Orders are generally fulfilled Monday through Friday between 9:00 a.m. and 5:00 p.m. Eastern Time.

Orders are generally targeted for fulfillment within approximately 24 hours after acceptance, subject to:

  • Route schedules;

  • Order volume;

  • Product availability;

  • Customer availability;

  • Delivery-access conditions;

  • Weather;

  • Traffic;

  • Holidays;

  • Technical issues;

  • Vehicle problems;

  • Staffing;

  • Emergencies; and

  • Events outside our reasonable control.

Orders placed on a Friday may not be fulfilled until the following Monday or next available business day.

Bronx Beverages observes certain federal, state, local, major, and minor holidays and may be closed or operate on modified schedules.

Any delivery date or time is an estimate unless Bronx Beverages expressly guarantees it in writing.

“Next-day delivery” refers to qualifying orders, routes, addresses, products, and operating days. It is not an absolute guarantee.

We are not liable for losses arising solely from a reasonable delivery delay, except to the extent liability cannot be excluded under applicable law.

22. DELIVERY ACCESS AND CUSTOMER RESPONSIBILITIES

You are responsible for providing a complete, accurate, safe, and accessible delivery location.

You must disclose relevant access information, including:

  • Apartment, suite, or floor number;

  • Building entrance;

  • Gate code;

  • Doorman or security procedure;

  • Loading-dock requirements;

  • Freight-elevator requirements;

  • Parking or standing restrictions;

  • Delivery hours;

  • Contact person;

  • Stair conditions;

  • Construction or access obstructions;

  • Pet or animal concerns;

  • Hazardous conditions; and

  • Other information reasonably necessary to complete delivery safely.

You must ensure that:

  • An authorized person is available when required;

  • Delivery personnel have lawful access;

  • The delivery location is reasonably safe;

  • The order can be accepted promptly;

  • Commercial receiving areas are available;

  • Appropriate proof of delivery can be obtained; and

  • Products can be placed in a reasonable delivery location.

Bronx Beverages may refuse or discontinue a delivery where conditions are unsafe, unlawful, inaccessible, or materially different from the information provided.

Examples include:

  • Threatening behavior;

  • Unrestrained animals;

  • Unsafe stairs;

  • Ice or snow;

  • Hazardous materials;

  • Blocked entrances;

  • Inadequate lighting;

  • Structural hazards;

  • Illegal parking requirements;

  • Excessive unattended carrying distances;

  • Unreasonably restricted access; or

  • Conditions that may injure a person or damage property.

A failed delivery caused by inaccurate information, lack of access, unavailable recipients, or unsafe conditions may be subject to redelivery requirements or reasonable additional charges where disclosed and legally permitted.

23. TITLE, RISK OF LOSS, AND PROOF OF DELIVERY

Title and risk of loss pass to the customer upon completed delivery to:

  • The customer;

  • An authorized recipient;

  • A doorman;

  • A receptionist;

  • A mailroom;

  • A loading dock;

  • A receiving department;

  • A location designated by the customer; or

  • Another person or location reasonably understood to be authorized.

Proof of delivery may include:

  • A signature;

  • Recipient name;

  • Photograph;

  • Electronic confirmation;

  • Driver notation;

  • Timestamp;

  • Location record;

  • Delivery scan;

  • Telephone confirmation; or

  • Other commercially reasonable evidence.

You are responsible for securing, storing, refrigerating, rotating, and handling products after delivery.

This section does not limit rights that cannot legally be waived.

24. UNATTENDED DELIVERIES

When you authorize an unattended delivery, you accept the risks associated with leaving products at the designated location, including:

  • Theft;

  • Weather exposure;

  • Heat or freezing;

  • Tampering;

  • Breakage after delivery;

  • Building removal;

  • Product deterioration;

  • Pest exposure; and

  • Access by unauthorized persons.

We may decline an unattended delivery when it would be unsafe, unreasonable, prohibited by building rules, or inconsistent with delivery instructions.

25. INSPECTION OF DELIVERIES

You should inspect the delivery promptly for:

  • Missing items;

  • Incorrect items;

  • Visible damage;

  • Leaking containers;

  • Broken packaging;

  • Incorrect quantities; or

  • Other readily apparent issues.

When possible, report visible damage or an incorrect delivery to the driver before the driver leaves.

If immediate reporting is not possible, contact Bronx Beverages promptly at (718) 863-8881 or webmaster.antantbeverageinc@gmail.com.

We may request:

  • An order number;

  • Product details;

  • Photographs;

  • Packaging;

  • Batch or lot information;

  • Expiration information;

  • The damaged product;

  • Proof of purchase; or

  • Other information reasonably necessary to evaluate the claim.

Failure to provide reasonably requested information may prevent us from confirming or resolving the claim.

26. CANCELLATIONS

An order may be canceled before it has been placed on a delivery truck or otherwise dispatched for delivery.

Once an order is loaded, dispatched, or out for delivery, it ordinarily cannot be canceled.

To request cancellation, contact us promptly at:

Telephone: (718) 863-8881
Email: webmaster.antantbeverageinc@gmail.com

A cancellation request is not effective until Bronx Beverages confirms it.

We cannot guarantee that a cancellation request will be received or processed before dispatch.

Any refund associated with an approved cancellation may take additional time to appear depending on the payment provider and financial institution.

27. RETURNS, REFUNDS, DAMAGE, AND STORE CREDIT

Except where required by applicable law or expressly approved by Bronx Beverages:

  • All sales are final;

  • General returns are not accepted;

  • Refunds are not provided after dispatch or delivery;

  • Products cannot be returned because of preference, over-ordering, changed demand, or failure to review the product description; and

  • Opened, partially consumed, improperly stored, or customer-damaged products are not eligible for return or credit.

If an item is delivered damaged, leaking, broken, materially defective, or materially different from the item ordered, Bronx Beverages may, after review:

  • Replace the item;

  • Provide store credit;

  • Correct the order;

  • Issue a partial credit;

  • Issue a refund where appropriate or legally required; or

  • Provide another reasonable resolution.

Our standard resolution for an eligible damaged product is generally store credit or replacement.

We may require the damaged product to be returned to the delivery driver when the replacement is delivered.

Products damaged after completed delivery because of improper handling, temperature, storage, misuse, impact, customer transportation, or another post-delivery event are not eligible for credit.

Nothing in this section limits rights arising from:

  • Applicable consumer-protection law;

  • A manufacturer recall;

  • A valid product-safety concern;

  • A written warranty;

  • Fraud;

  • A billing error; or

  • Another right that cannot legally be waived.

28. PRODUCT RECALLS AND SAFETY NOTICES

Products may occasionally be subject to a manufacturer, distributor, retailer, or government recall.

Where we become aware of a relevant recall, we may:

  • Remove the product from sale;

  • Cancel pending orders;

  • Contact affected customers where records reasonably permit;

  • Provide manufacturer instructions;

  • Request disposal or return of the product;

  • Issue a credit or refund where required; or

  • Take other appropriate action.

Customers are responsible for following recall and safety instructions.

Recall remedies may be controlled by the manufacturer or government authority and may differ from the general return policy.

29. SUBSTITUTIONS

We will not intentionally substitute a materially different product without authorization where authorization is reasonably practicable.

Where a selected item is unavailable, we may:

  • Contact you for approval;

  • Offer a comparable product;

  • Remove the unavailable item;

  • Provide a credit;

  • Partially fulfill the order; or

  • Cancel the affected item or order.

A substitution may differ in flavor, size, brand, package count, price, formulation, or nutritional characteristics.

You are responsible for reviewing the substituted product’s label before consumption or resale.

30. COMMERCIAL AND WHOLESALE CUSTOMERS

Commercial customers may include:

  • Restaurants;

  • Delis;

  • Grocery stores;

  • Convenience stores;

  • Offices;

  • Hotels;

  • Schools;

  • Property managers;

  • Event venues;

  • Institutions;

  • Food-service businesses; and

  • Other organizations.

Commercial customers are responsible for:

  • Ordering appropriate products and quantities;

  • Providing authorized purchaser information;

  • Maintaining accurate delivery and billing information;

  • Ensuring lawful resale;

  • Maintaining required permits and licenses;

  • Complying with tax and resale requirements;

  • Inspecting deliveries;

  • Maintaining proper storage conditions;

  • Monitoring expiration and product rotation;

  • Following manufacturer instructions;

  • Complying with health and safety requirements;

  • Properly displaying and representing products;

  • Addressing their own customers’ concerns; and

  • Paying all amounts when due.

Bronx Beverages is not responsible for a commercial customer’s:

  • Retail pricing;

  • Advertising claims;

  • Product storage after delivery;

  • Resale practices;

  • Employee conduct;

  • Regulatory compliance;

  • Customer relationships; or

  • Modification, repackaging, or relabeling of products.

Commercial customers may not represent themselves as an employee, agent, franchisee, affiliate, or authorized representative of Bronx Beverages unless expressly authorized in writing.

31. PROMOTIONS, COUPONS, AND DISCOUNTS

Promotions, discounts, coupons, credits, and loyalty benefits may be subject to separate terms.

Unless otherwise stated:

  • Promotions cannot be combined;

  • Discounts have no cash value;

  • Offers are limited to eligible customers;

  • Offers may be limited by account, address, device, order, or household;

  • Offers apply only during the stated period;

  • Excluded products remain excluded;

  • Minimum purchases may apply;

  • Taxes and fees may not count toward minimums;

  • Credits may expire where legally permitted;

  • Offers are void where prohibited; and

  • We may correct or cancel an offer issued in error.

You may not:

  • Duplicate coupons;

  • Create multiple accounts to obtain repeated introductory offers;

  • Manipulate referral programs;

  • Sell promotional codes;

  • Use automated systems to claim promotions;

  • Misrepresent eligibility; or

  • Exploit an obvious promotional error.

We may revoke improperly obtained discounts or credits and charge the correct amount where legally permitted.

32. EMAIL MARKETING

Where you subscribe to marketing emails, you authorize Bronx Beverages to send promotional communications concerning:

  • Products;

  • Discounts;

  • Delivery services;

  • New inventory;

  • Seasonal offerings;

  • Commercial services;

  • Company updates; and

  • Related promotions.

You may unsubscribe through the link included in a marketing email or by contacting us.

Unsubscribing from marketing does not prevent transactional communications relating to an order, account, delivery, security issue, or legal notice.

33. TEXT MESSAGES

Where text-message services are offered and you affirmatively opt in, you authorize Bronx Beverages or its service provider to send recurring automated or non-automated messages to the telephone number provided.

Messages may concern:

  • Orders;

  • Deliveries;

  • Account activity;

  • Customer service;

  • Promotions;

  • Discounts;

  • Product availability; or

  • Other Services.

Message frequency may vary. Message and data rates may apply.

Consent to receive promotional texts is not a condition of purchase.

You may opt out of promotional texts by replying STOP where supported. You may reply HELP for assistance.

Carriers are not responsible for delayed or undelivered messages.

You represent that you are the subscriber or customary user of the telephone number provided and will notify us if the number changes.

34. PUSH NOTIFICATIONS

The mobile application may request permission to send push notifications.

Notifications may concern:

  • Order status;

  • Delivery updates;

  • Account security;

  • Product availability;

  • Promotions;

  • Discounts; or

  • Other Service-related information.

You may disable push notifications through your device or application settings.

Disabling push notifications does not cancel an order or prevent other necessary communications.

35. MOBILE APPLICATION LICENSE

Subject to these Terms, Bronx Beverages grants you a limited, revocable, nonexclusive, nontransferable, and nonsublicensable license to download, install, and use the Bronx Beverages mobile application on a compatible device that you own or control.

You may use the application solely for lawful personal or authorized business purposes.

You may not:

  • Copy the application except for an authorized backup;

  • Modify or create derivative works;

  • Reverse engineer, decompile, or disassemble the application, except where prohibited by law;

  • Circumvent security features;

  • Extract source code;

  • Rent, lease, sell, sublicense, or distribute the application;

  • Use the application to build a competing service;

  • Introduce malicious code;

  • Interfere with application operation;

  • Falsify location or device information; or

  • Use the application in violation of app-store rules.

The application may download and install updates automatically. Continued use may require the current version.

You are responsible for:

  • A compatible device;

  • Internet access;

  • Data charges;

  • Device security;

  • Operating-system updates; and

  • Compliance with your mobile carrier’s terms.

36. APPLICATION MARKETPLACE TERMS

If you obtained the mobile application through Apple’s App Store, Google Play, or another application marketplace, you acknowledge that:

  • These Terms are between you and Bronx Beverages, not the marketplace operator;

  • Bronx Beverages, not the marketplace operator, is responsible for the application, subject to these Terms;

  • Your use of the application must comply with applicable marketplace rules;

  • The marketplace operator has no obligation to provide maintenance or support unless required by its rules;

  • The marketplace operator is not responsible for claims concerning the application except where applicable law or marketplace rules provide otherwise; and

  • The marketplace operator may be an intended third-party beneficiary of provisions applicable to it and may enforce those provisions.

Additional Apple Terms

Where the application is obtained through Apple’s App Store:

  • The license is limited to use on Apple-branded products that you own or control, as permitted by Apple’s usage rules;

  • Apple has no obligation to provide maintenance or support;

  • If the application fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price paid for the application, if any, as required by its rules;

  • To the maximum extent permitted by law, Apple has no other warranty obligation concerning the application;

  • Bronx Beverages, not Apple, is responsible for addressing claims relating to the application;

  • Bronx Beverages, not Apple, is responsible for addressing intellectual-property infringement claims relating to the application; and

  • Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the application.

Nothing in this section expands Bronx Beverages’ obligations beyond applicable law.

37. MOBILE PERMISSIONS

Application features may request access to:

  • Notifications;

  • Approximate or precise location;

  • Camera;

  • Photo library;

  • Device storage;

  • Network connection;

  • Biometric authentication;

  • Contacts; or

  • Other device features.

We will request permissions through the applicable device or operating-system process.

You may deny or withdraw a permission through device settings. Certain features may not function without the permission.

Use of information obtained through app permissions is described in our Privacy Policy.

38. USER CONTENT

The Services may allow users to submit:

  • Reviews;

  • Ratings;

  • Comments;

  • Photographs;

  • Messages;

  • Feedback;

  • Survey responses;

  • Product questions;

  • Delivery information;

  • Customer-service materials; or

  • Other content.

“User Content” means content submitted by a user, excluding personal information handled exclusively under our Privacy Policy.

You retain ownership of your original User Content.

By submitting User Content, you grant Bronx Beverages a worldwide, nonexclusive, royalty-free, transferable, sublicensable, perpetual, and irrevocable license to host, store, reproduce, display, publish, modify, adapt, distribute, and otherwise use that content for:

  • Operating the Services;

  • Responding to your request;

  • Customer service;

  • Marketing;

  • Advertising;

  • Product improvement;

  • Business records; and

  • Other lawful business purposes.

This license is limited by applicable privacy law and our Privacy Policy.

You represent and warrant that:

  • You own or control the User Content;

  • You have the necessary permissions;

  • The content is accurate to the best of your knowledge;

  • The content does not violate another person’s rights;

  • The content is not unlawful, deceptive, defamatory, threatening, or obscene;

  • The content does not contain malicious code; and

  • Submission and use of the content will not violate law or contract.

We may remove, decline, edit, restrict, or preserve User Content in our discretion, subject to applicable law.

39. REVIEWS AND ENDORSEMENTS

Reviews must reflect genuine experiences.

You may not submit:

  • Fabricated reviews;

  • Reviews concerning a transaction that did not occur;

  • Reviews written on behalf of another person without disclosure;

  • Reviews submitted in exchange for undisclosed compensation;

  • Competitor sabotage;

  • Spam;

  • Harassment;

  • Threats;

  • Confidential information;

  • Personal information about employees, customers, or drivers;

  • Discriminatory content; or

  • Content unrelated to Bronx Beverages.

We may identify incentivized reviews where required and may remove content that violates these Terms.

We do not guarantee that every review is accurate, complete, or representative.

40. FEEDBACK

Ideas, suggestions, recommendations, or feedback you voluntarily provide may be used by Bronx Beverages without restriction or compensation.

You grant us a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, modify, develop, commercialize, and incorporate that feedback into our business or Services.

Do not submit confidential information as feedback unless we have agreed in writing to receive it confidentially.

41. PROHIBITED CONDUCT

You may not use the Services to:

  • Violate any law or regulation;

  • Commit fraud;

  • Place unauthorized orders;

  • Use stolen payment information;

  • Impersonate another person or entity;

  • Misrepresent commercial or tax-exempt status;

  • Interfere with the Services;

  • Introduce malware or harmful code;

  • Attempt unauthorized access;

  • Test system vulnerabilities without written permission;

  • Bypass security or authentication;

  • Scrape or harvest information through automated means;

  • Use bots to purchase inventory or claim promotions;

  • Overload the Services;

  • Manipulate prices, reviews, promotions, or availability;

  • Copy product databases for commercial use;

  • Use content to train or develop a competing product database without written permission;

  • Reverse engineer the Services;

  • Remove copyright or trademark notices;

  • Harass employees, drivers, contractors, or customers;

  • Submit false complaints or chargebacks;

  • Engage in threatening, abusive, discriminatory, or dangerous conduct;

  • Use the Services for unlawful resale or distribution;

  • Violate another person’s privacy or intellectual-property rights; or

  • Assist another person in prohibited activity.

We may investigate suspected violations and cooperate with payment processors, financial institutions, platform providers, law enforcement, regulators, or other appropriate parties.

42. FRAUD, CHARGEBACKS, AND PAYMENT DISPUTES

You agree to contact Bronx Beverages promptly concerning a suspected billing error before initiating a chargeback, except where contacting us is not reasonably possible or applicable law provides otherwise.

Knowingly filing a false or misleading chargeback may constitute a violation of these Terms and applicable law.

We may provide relevant transaction records to a financial institution or payment processor, including:

  • Order confirmations;

  • Account records;

  • Delivery records;

  • Communications;

  • Proof of delivery;

  • Acceptance records;

  • Device information;

  • Payment authorizations; and

  • Other evidence relating to the transaction.

An unresolved chargeback, returned payment, or fraudulent transaction may result in account restriction, payment-method restriction, cancellation of pending orders, or collection activity where permitted.

43. INTELLECTUAL PROPERTY

The Services and their original content are owned by or licensed to Bronx Beverages and are protected by copyright, trademark, trade-dress, database, unfair-competition, and other intellectual-property laws.

Protected materials may include:

  • Website design;

  • Application design;

  • Text;

  • Product organization;

  • Original photography;

  • Graphics;

  • Logos;

  • Videos;

  • Icons;

  • Software;

  • Code;

  • Databases;

  • Catalog structure;

  • Features;

  • Functionality;

  • Marketing materials; and

  • The selection and arrangement of content.

You may not reproduce, distribute, modify, publish, transmit, display, perform, create derivative works from, sell, license, scrape, or commercially exploit protected content without written permission.

44. THIRD-PARTY TRADEMARKS AND PRODUCT MATERIALS

Product names, manufacturer names, logos, trademarks, packaging, product photographs, and related materials may belong to their respective owners.

References to third-party brands are provided for identification, description, and sale of genuine products.

Their appearance does not necessarily imply that:

  • The trademark owner sponsors Bronx Beverages;

  • Bronx Beverages is the exclusive distributor;

  • The trademark owner controls the Services;

  • The trademark owner has approved all website content; or

  • A formal affiliation exists beyond an ordinary commercial relationship.

All rights remain with the respective owners.

45. COPYRIGHT COMPLAINTS

A copyright owner or authorized agent who believes material on the Services infringes a copyright may send a written notice to:

Ant Ant Beverage Inc.
Attn: Copyright Notice
910 Nepperhan Avenue
Yonkers, New York 10703
Email: webmaster.antantbeverageinc@gmail.com

The notice should include:

  • Identification of the copyrighted work;

  • Identification and location of the allegedly infringing material;

  • Contact information;

  • A statement of good-faith belief;

  • A statement that the information is accurate;

  • A statement, under penalty of perjury, that the sender is authorized to act; and

  • A physical or electronic signature.

Misrepresentations in a copyright notice may create liability.

46. THIRD-PARTY SERVICES

The Services may rely on or link to third-party platforms, including:

  • Wix;

  • Wix Payments;

  • Payment processors;

  • Card networks;

  • Banks;

  • Digital-wallet providers;

  • Mapping providers;

  • Email providers;

  • Text-message providers;

  • Analytics providers;

  • Advertising providers;

  • Social-media platforms;

  • Application marketplaces;

  • Product manufacturers;

  • Delivery technologies; and

  • Other service providers.

Third-party services are governed by their own terms and policies.

Bronx Beverages does not control and is not responsible for an independent third party’s:

  • Terms;

  • Privacy practices;

  • Security;

  • Availability;

  • Content;

  • Accuracy;

  • Accessibility;

  • Fees;

  • Decisions; or

  • Service interruptions.

A link or integration does not constitute an endorsement unless expressly stated.

47. SERVICE AVAILABILITY

We may modify, suspend, discontinue, restrict, or replace any portion of the Services at any time.

The Services may be unavailable because of:

  • Maintenance;

  • Technical errors;

  • Cybersecurity events;

  • Platform outages;

  • Internet failures;

  • Payment-system failures;

  • Application-marketplace issues;

  • Updates;

  • Weather;

  • Emergency conditions;

  • Government action;

  • Labor or supply interruptions; or

  • Events outside our control.

We do not guarantee uninterrupted, error-free, or continuously secure operation.

We may impose usage limits, remove features, change product availability, or modify service areas without liability, subject to applicable law and obligations concerning accepted orders.

48. ACCESSIBILITY

Bronx Beverages is committed to providing meaningful access to its products, information, ordering options, and customer-service resources, including for individuals with disabilities.

We seek to improve the usability and accessibility of the website and mobile application and use recognized accessibility standards, including the Web Content Accessibility Guidelines, as a guiding benchmark where reasonably practicable.

Accessibility efforts may address:

  • Keyboard navigation;

  • Screen-reader compatibility;

  • Text alternatives;

  • Heading structure;

  • Form labels;

  • Color contrast;

  • Text resizing;

  • Focus visibility;

  • Accessible authentication;

  • Error identification;

  • Captions or multimedia alternatives;

  • Consistent navigation; and

  • Mobile accessibility features.

Accessibility is an ongoing process. We cannot guarantee that every page, product image, file, feature, third-party integration, or device configuration will be fully accessible in every circumstance.

If you experience difficulty:

  • Accessing information;

  • Placing an order;

  • Reviewing a product;

  • Managing an account;

  • Using the mobile application;

  • Submitting a privacy request; or

  • Completing another transaction,

please contact:

Telephone: (718) 863-8881
Email: webmaster.antantbeverageinc@gmail.com

Please identify the page, product, feature, or barrier involved and, where possible, the browser, device, or assistive technology being used.

We will make reasonable efforts to provide assistance or an effective alternative method of access, which may include:

  • Telephone ordering assistance;

  • Email assistance;

  • Accessible electronic content;

  • Product information by telephone;

  • Assistance completing a transaction; or

  • Another reasonable alternative.

Accessibility assistance will be provided without an additional charge.

Third-party providers control certain features, including payment processing, application marketplaces, and platform technology. Where a third-party feature creates a barrier, we will make reasonable efforts to identify an alternative means of access.

49. NO PROFESSIONAL ADVICE

Content provided through the Services is for general informational and commercial purposes.

Nothing available through the Services constitutes:

  • Medical advice;

  • Nutritional advice;

  • Dietary advice;

  • Legal advice;

  • Tax advice;

  • Accounting advice;

  • Food-safety certification;

  • Regulatory advice; or

  • Professional advice of another kind.

You are responsible for obtaining appropriate professional guidance when necessary.

50. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

BRONX BEVERAGES DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES CONCERNING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF:

  • MERCHANTABILITY;

  • FITNESS FOR A PARTICULAR PURPOSE;

  • TITLE;

  • NON-INFRINGEMENT;

  • QUIET ENJOYMENT;

  • ACCURACY;

  • AVAILABILITY;

  • SECURITY; AND

  • COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED;

  • THE SERVICES WILL BE ERROR-FREE;

  • DEFECTS WILL BE CORRECTED IMMEDIATELY;

  • THE SERVICES WILL BE FREE OF HARMFUL COMPONENTS;

  • PRODUCT INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT;

  • EVERY PRODUCT WILL BE AVAILABLE;

  • EVERY ORDER WILL BE ACCEPTED;

  • DELIVERY WILL OCCUR AT A PARTICULAR TIME;

  • AN APPLICATION WILL FUNCTION ON EVERY DEVICE; OR

  • THE SERVICES WILL MEET EVERY USER’S REQUIREMENTS.

CERTAIN PRODUCTS MAY BE COVERED BY WARRANTIES PROVIDED BY THEIR MANUFACTURERS. ANY SUCH WARRANTY IS PROVIDED BY THE MANUFACTURER ACCORDING TO ITS TERMS.

NOTHING IN THESE TERMS DISCLAIMS A WARRANTY OR RIGHT THAT CANNOT LEGALLY BE DISCLAIMED.

51. PRODUCT AND MANUFACTURER DISCLAIMER

Bronx Beverages distributes products produced by independent manufacturers.

Except where expressly stated, Bronx Beverages does not control the design, formulation, manufacturing, labeling, packaging, or advertising of third-party branded products.

Product-related questions may need to be directed to the manufacturer.

This provision does not eliminate any responsibility imposed on Bronx Beverages by applicable product-liability, warranty, recall, food-safety, or consumer-protection law.

52. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, BRONX BEVERAGES AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING:

  • LOST PROFITS;

  • LOST REVENUE;

  • LOST BUSINESS;

  • LOST DATA;

  • LOSS OF GOODWILL;

  • BUSINESS INTERRUPTION;

  • SUBSTITUTE PURCHASES;

  • MISSED OPPORTUNITIES;

  • DELIVERY DELAYS;

  • DEVICE DAMAGE;

  • UNAUTHORIZED ACCOUNT ACCESS; OR

  • OTHER INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANOTHER THEORY, EVEN IF THE POSSIBILITY OF DAMAGES WAS DISCLOSED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BRONX BEVERAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  1. THE AMOUNT YOU PAID TO BRONX BEVERAGES DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

  2. ONE HUNDRED DOLLARS.

FOR A CLAIM RELATING SOLELY TO A PARTICULAR ORDER, LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE AFFECTED PRODUCTS, EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE.

THESE LIMITATIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW, INCLUDING WHERE APPLICABLE TO:

  • INTENTIONAL MISCONDUCT;

  • GROSS NEGLIGENCE;

  • FRAUD;

  • PERSONAL INJURY;

  • CERTAIN PRODUCT-LIABILITY CLAIMS;

  • VIOLATIONS OF NONWAIVABLE CONSUMER RIGHTS; OR

  • ANOTHER CATEGORY OF LIABILITY THAT CANNOT LEGALLY BE LIMITED.

Some jurisdictions do not permit certain exclusions or limitations. In those jurisdictions, liability will be limited to the maximum extent permitted by law.

53. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Bronx Beverages and its owners, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, successors, and assigns from claims, losses, liabilities, judgments, damages, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

  • Your misuse of the Services;

  • Your breach of these Terms;

  • Your violation of law;

  • Your infringement of another person’s rights;

  • Your User Content;

  • Fraudulent or unauthorized activity through your account;

  • False tax or resale documentation;

  • Your commercial resale practices;

  • Your storage, handling, modification, or relabeling of products after delivery;

  • Unsafe conditions at a delivery location;

  • Your failure to provide accurate delivery information; or

  • Conduct by a person using your account with your authorization or because you failed to secure the account.

This obligation does not require a consumer to indemnify Bronx Beverages for Bronx Beverages’ own negligence, willful misconduct, or legal violation where such indemnification is prohibited.

We may assume exclusive control of the defense of a matter subject to indemnification. You agree to cooperate reasonably with the defense.

54. INFORMAL DISPUTE RESOLUTION

Before initiating arbitration or litigation, the complaining party must send the other party a written Notice of Dispute and provide at least 30 days to attempt an informal resolution.

A Notice of Dispute sent to Bronx Beverages must be delivered to:

Ant Ant Beverage Inc.
Attn: Legal Notice
910 Nepperhan Avenue
Yonkers, New York 10703
Email: webmaster.antantbeverageinc@gmail.com

The notice must include:

  • The sender’s name;

  • Contact information;

  • Account email or telephone number;

  • Relevant order number;

  • A description of the dispute;

  • Supporting facts;

  • The specific relief requested; and

  • The sender’s signature.

Bronx Beverages will send a Notice of Dispute to the contact information associated with your account or transaction.

The parties agree to participate in good faith in the informal process.

Applicable filing deadlines will be tolled during the 30-day informal-resolution period to the extent permitted by law.

55. AGREEMENT TO INDIVIDUAL BINDING ARBITRATION

Except for matters expressly excluded below, you and Bronx Beverages agree that any dispute, claim, or controversy arising out of or relating to:

  • These Terms;

  • The Privacy Policy;

  • The Services;

  • An account;

  • An order;

  • A payment;

  • A delivery;

  • A product;

  • A communication;

  • A promotion;

  • The mobile application;

  • The relationship between you and Bronx Beverages;

  • The interpretation or enforcement of these Terms; or

  • Any transaction or interaction with Bronx Beverages,

will be resolved through final and binding individual arbitration rather than in court.

Arbitration means that a neutral arbitrator, rather than a judge or jury, will decide the dispute. Arbitration may provide more limited discovery and appellate review than a court proceeding.

This arbitration agreement is governed by the Federal Arbitration Act and evidences a transaction involving interstate commerce.

The arbitrator has authority to determine issues concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction will determine disputes concerning the enforceability of the class-action waiver.

56. ARBITRATION PROCEDURES

Arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules or Commercial Arbitration Rules, depending on the nature of the transaction and the parties.

The arbitration will be conducted by one neutral arbitrator.

Unless the parties agree otherwise:

  • Consumer arbitration may occur by telephone, video conference, written submissions, or at a reasonably convenient location;

  • Commercial arbitration may occur in Westchester County, New York;

  • The arbitration will be conducted in English;

  • The arbitrator will apply applicable substantive law;

  • The arbitrator may award relief available to the individual claimant under applicable law; and

  • Judgment on the award may be entered in a court with jurisdiction.

Each party will be responsible for fees as provided by the applicable arbitration rules and law.

Bronx Beverages will pay arbitration fees it is required to pay under applicable consumer-arbitration rules or law.

The arbitrator may award attorneys’ fees only where permitted by applicable law, the arbitration rules, or these Terms.

57. EXCEPTIONS TO ARBITRATION

Either party may bring an individual action in small-claims court if the claim qualifies and remains exclusively in that court.

Either party may seek temporary or preliminary injunctive relief from a court where necessary to:

  • Prevent unauthorized access;

  • Stop fraud;

  • Protect confidential information;

  • Prevent infringement or misuse of intellectual property;

  • Preserve the status quo pending arbitration; or

  • Address an immediate threat of irreparable harm.

A government agency may investigate or enforce rights within its lawful authority.

Nothing in these Terms prevents you from filing a complaint with an appropriate regulatory or law-enforcement agency.

58. CLASS-ACTION AND JURY-TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BRONX BEVERAGES AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

YOU AND BRONX BEVERAGES WAIVE THE RIGHT TO:

  • A JURY TRIAL;

  • PARTICIPATE IN A CLASS ACTION;

  • ACT AS A CLASS REPRESENTATIVE;

  • PARTICIPATE AS A CLASS MEMBER;

  • PURSUE A COLLECTIVE ACTION;

  • PURSUE A CONSOLIDATED ACTION;

  • PURSUE A REPRESENTATIVE ACTION;

  • PARTICIPATE IN CLASS ARBITRATION; OR

  • HAVE CLAIMS CONSOLIDATED WITH CLAIMS OF ANOTHER PERSON.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

If a final judicial determination finds that applicable law prevents enforcement of the waiver as to a particular claim or form of relief, only that claim or request for relief will proceed in court. All other arbitrable matters will remain subject to arbitration.

59. RIGHT TO OPT OUT OF ARBITRATION

You may opt out of the arbitration agreement by sending a written opt-out notice within 30 days after the date you first accept these Terms.

The notice must include:

  • Your full name;

  • Mailing address;

  • Email address;

  • Telephone number;

  • Account information, if applicable;

  • A clear statement that you are opting out of the arbitration agreement in the Bronx Beverages Terms of Use; and

  • Your signature.

Send the notice to:

Ant Ant Beverage Inc.
Attn: Arbitration Opt-Out
910 Nepperhan Avenue
Yonkers, New York 10703

You may also send a signed copy by email to webmaster.antantbeverageinc@gmail.com with the subject line “Arbitration Opt-Out.”

Opting out of arbitration will not affect your ability to use the Services or place an order.

An opt-out applies only to the individual or entity identified in the timely notice.

60. GOVERNING LAW

These Terms and disputes not subject to arbitration are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where federal law applies.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Mandatory consumer-protection rights provided by the law of your jurisdiction remain applicable where they cannot legally be waived.

61. COURT VENUE

For disputes not subject to arbitration or eligible small-claims matters, the parties consent to the exclusive jurisdiction of the state and federal courts located in or serving Westchester County, New York, unless applicable consumer law requires another venue.

Each party waives objections based on personal jurisdiction, venue, or inconvenient forum to the fullest extent permitted by law.

62. TIME LIMITATION ON CLAIMS

To the fullest extent permitted by law, a claim arising from the Services or these Terms must be commenced within one year after the claim accrued.

A claim not commenced within that period is permanently barred.

This limitation does not apply where:

  • A shorter or longer nonwaivable statutory period applies;

  • The claim involves personal injury or another category that cannot legally be shortened;

  • Applicable consumer law prohibits the limitation; or

  • The parties agree otherwise in writing.

63. FORCE MAJEURE

Bronx Beverages is not liable for delay or failure caused by events beyond its reasonable control, including:

  • Severe weather;

  • Flooding;

  • Fire;

  • Natural disaster;

  • Public-health emergency;

  • Epidemic or pandemic;

  • War;

  • Terrorism;

  • Civil unrest;

  • Government action;

  • Road closure;

  • Traffic emergency;

  • Utility failure;

  • Internet outage;

  • Cyberattack;

  • Platform outage;

  • Payment-network disruption;

  • Labor dispute;

  • Supplier failure;

  • Manufacturer shortage;

  • Transportation disruption;

  • Vehicle breakdown;

  • Product recall; or

  • Similar events.

We may cancel, delay, modify, or partially fulfill affected orders and will provide refunds or credits where required by these Terms or applicable law.

64. SUSPENSION AND TERMINATION

We may suspend or terminate your access to the Services for:

  • Violation of these Terms;

  • Fraud or suspected fraud;

  • Payment disputes;

  • Abuse of promotions;

  • Threatening or abusive conduct;

  • Safety concerns;

  • Unauthorized access;

  • Legal requirements;

  • Security risks;

  • Repeated failed deliveries;

  • False information; or

  • Another legitimate business reason.

Where reasonably appropriate, we may provide notice or an opportunity to correct the issue.

Termination does not affect:

  • Existing payment obligations;

  • Rights or remedies that accrued before termination;

  • Provisions intended to survive; or

  • Legally required records.

Sections concerning intellectual property, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, and other provisions that by their nature should survive will remain effective after termination.

65. NO AGENCY OR PARTNERSHIP

Your use of the Services does not create a:

  • Partnership;

  • Joint venture;

  • Franchise;

  • Employment relationship;

  • Fiduciary relationship;

  • Agency relationship; or

  • Other special relationship

between you and Bronx Beverages.

Neither party may bind the other except as expressly authorized in writing.

66. ASSIGNMENT

You may not assign or transfer these Terms or an account without our prior written consent.

Bronx Beverages may assign or transfer these Terms in connection with:

  • A merger;

  • Acquisition;

  • Corporate reorganization;

  • Financing;

  • Sale of assets;

  • Change in ownership;

  • Affiliate restructuring; or

  • Transfer of the Services.

Any prohibited assignment is void.

67. WAIVER

Failure to enforce a provision does not waive the right to enforce it later.

A waiver is effective only when in writing and signed by an authorized representative of Bronx Beverages.

A waiver concerning one event does not constitute a waiver concerning another event.

68. SEVERABILITY

If any provision is held invalid, illegal, or unenforceable:

  • The provision will be enforced to the maximum extent permitted;

  • It may be modified to reflect its lawful purpose;

  • The remaining provisions will continue in effect; and

  • The invalidity will not affect unrelated provisions.

The severability rules stated specifically in the arbitration and class-action sections control those provisions.

69. INTERPRETATION

Headings are provided for convenience and do not limit the meaning of a provision.

“Including” means “including without limitation.”

The singular includes the plural and vice versa where appropriate.

A reference to “writing” includes legally valid electronic communications.

These Terms will not be interpreted against a party solely because that party drafted them.

70. ENTIRE AGREEMENT

These Terms, the Privacy Policy, the Important Ordering Information page, applicable checkout disclosures, and any separately executed written agreement constitute the entire agreement concerning the Services.

They supersede prior or contemporaneous statements concerning the same subject.

For a commercial customer with a separately signed agreement, credit agreement, invoice, purchase order accepted by Bronx Beverages, or negotiated pricing document, the separately signed agreement will control to the extent of a direct conflict.

Terms included in a customer purchase order do not modify these Terms unless Bronx Beverages expressly accepts the modification in a writing signed by an authorized representative.

71. CONTACT INFORMATION

Questions, notices, accessibility requests, and concerns regarding these Terms may be directed to:

Ant Ant Beverage Inc.
Doing Business As: Bronx Beverages and ANT ANT Beverage Distribution
910 Nepperhan Avenue
Yonkers, New York 10703

Telephone: (718) 863-8881
Email: webmaster.antantbeverageinc@gmail.com
Website: www.bronxbeverages.com

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