TERMS AND CONDITIONS OF SERVICE I. Agreement to be bound by Contract Terms Please read these Terms and Conditions of Service ( Terms ) thoroughly. By downloading, accessing or using our website ( the Site ), or other products or services (collectively, the Services ), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as Content ) you agree to be bound by these Terms. The term you or User shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to Site. Your access to and use of the Services are conditioned on you accepting and complying with the Terms. If you do not agree to be bound by these Terms, then you may not use the Services. Big O Takeout, LLC ( BOT , We or Us ) may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as sending a notification, posting a notice on the Services or updating the Last Updated date above. By continuing to use the Services you confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended or updated Terms, you must stop using the Services and delete your Big O account, if applicable. You acknowledge and agree that (i) this Agreement is concluded between you and BOT only, and not any other vendor and (ii) BOT is solely responsible for Site. Your use of Site must comply with these Terms of Service. By downloading this application, you are voluntarily agreeing to be bound by BOT s Terms of Service. If you do not understand any portion of the Terms, you should not use BOT s Services. You further confirm that you are 21 years of age or older and you will provide government issued photo identification and a physical credit card used to make the purchase (if requested) upon delivery, to verify your age and identity. II. Access to BOT s Services BOT grants you a non-transferable, non-exclusive limited license to access and make personal use of the Services and Site, subject to the Terms ( License ). The License allows you to use the Services for your personal, non-commercial use. The License also allows you to download, install any BOT applications related to the Services on a mobile device that you own or control for your personal non-commercial use. BOT s grant of the License does not permit you to duplicate, transfer, give access to, copy or distribute any part of the Services in any way, or use the Services in any manner not consistent with the Terms. Any unauthorized use terminates the License granted by BOT. All rights not expressly granted herein are reserved by BOT. III. Processing and Delivery of Products Big O Takeout, LLC provides a delivery service only, for local liquor stores (the Retailers ), through which all orders and purchases are processed. Big O Takeout, LLC does not hold a license to sell alcohol, nor is it a licensed retailer. At the time you purchase alcoholic beverages or other items ( Products ), you are purchasing those items from a licensed retailer, and your credit card will be charged by a third party credit card processing provider who will transfer and deliver the funds to the Retailers. Neither Big O Takeout, LLC, nor any officer, director, employee, shareholder or agent of Big O Takeout, LLC shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof. By completing an order through Site for the purchase of products involving alcoholic beverages, you agree that you are 21 years of age or older and that you will be present to accept the delivery of alcoholic beverages. You agree that you will not be intoxicated when receiving delivery of such products. If you are sending a gift, you agree that the recipient is an individual 21 years of age or older. All deliveries including alcoholic beverages must be accepted by the account holder, who is capable of proving that he or she is 21 years of age or older and can provide a valid form of government issued identification at the time of delivery. If there is no individual who is 21 years of age or older or cannot provide valid identification showing that he or she is 21 years of age or older, the delivery driver (the Courier ) will not complete delivery of any alcoholic beverages. Additionally, if the Courier is unable to contact you or the account holder at the specified delivery address for 5 or more minutes, all Products will be removed from the order and returned to the Retailers and a $7.99 restocking fee will be charged to User s credit card and the original order balance will be returned to User. The Courier reserves the right to refuse to deliver Products for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly intoxicated or to specific locations for safety reasons. Products cannot and will not be left unattended for any reason. Any Retailer reserves the right to not accept any order for any reason. IV. WebSite Usage Your use of Site and Services is subject to all applicable local, state and federal laws and regulations. It is your responsibility to provide the mobile device, wireless service/data plan and software needed, in order to install and use Site and Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install and/or use Site or Services on your mobile device or smartphone. You understand and acknowledge that Site is an electronic platform for the purpose of connecting consumers to chosen Retailers to engage in the sale, service, delivery and/or transportation delivery of Products. All sales of Products are transacted between you and the Partner(s). Big O Takeout, LLC does not provide or sell alcoholic beverages; it merely delivers. No joint venture, partnership, employment, or agency relationship exists between Big O Takeout, LLC and any business or third party as a result of this License or use of Site or Services. V. Ability to Accept Terms of Service and User Conduct You affirm that you are 21 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that: you are fully able and legally competent to agree to the Terms; you will not impair or harm Site or Services or attempt to gain unauthorized access to Site in any way; your use of Site and/or Services is subject to all applicable local, state and federal laws and regulations and you will not use Site for any illegal purposes; you will not to use Site to purchase alcohol unless you and the alcohol recipient are 21 years old or older and can provide a valid form of government issued identification and physical credit card (if requested), which verifies your age, at the time of delivery; Big O Takeout, LLC reserves the right to prosecute, to the fullest extent of the law: any attempt by you to misconstrue your age, either directly or indirectly; or any attempt to use Big O Takeout, LLC s Services to provide alcohol to an individual who is under the age of 21; you will not access Site or Services, using the account information of someone other than you; without the express consent of the account holder; you will not impersonate or misrepresent your affiliation with any person or entity; you will not abuse the Service by creating multiple or duplicate accounts or exploiting any errors in Site or system to gain access to unintended benefits (abusing promo codes, referral programs, etc.) you will not use Site to engage in commercial activities, aside from those sanctioned by Big O Takeout, LLC; you will not copy or distribute any content from Site; you will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Services, or any of their Content; you will not interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services; you will not resell the use of Site or Services to a third party; you will not encourage or enable any other individual to do any of the foregoing; any Partner may decline your delivery request for any reason Big O Takeout, LLC shall not be liable for any loss or damage arising from the User s failure to comply with the Terms or applicable laws. The Terms will continue to apply until you or Big O Takeout, LLC terminates them as follows: (a) You discontinue using the Services; or (b) Big O Takeout, LLC may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason. VI. Intellectual Property A. Trademarks All Big O Takeout, LLC logos, titles, characters and graphics are service marks, trademarks and/or trade dress of Big O Takeout, LLC and may not be used by you for any reason other than as expressly permitted by Big O Takeout, LLC. All other trademarks, not owned by Big O Takeout, LLC, that appear on Site are the property of their respective owners and you shall not obtain any ownership rights in such marks, logos or names by your use of Site. B. Proprietary Rights You acknowledge and agree that Site contains proprietary information and content that is intellectual property, which is protected by the law and may not be used except as provided for by Big O Takeout, LLC. You acknowledge that monetary compensation for the consequences of unauthorized commercial use or republication of content or information from Site may not be sufficient or appropriate and in that event, Big O Takeout, LLC will be entitled to temporary and permanent injunctive relief to prohibit such use. C. Copyright Infringement Policy Big O Takeout, LLC abides by and respects copyright law and expects the same from its Users. We reserve the right to terminate Users who are infringing or are alleged to be infringing on the rights of copyright holders, at our sole discretion, and without liability to you. In appropriate circumstances, Big O Takeout, LLC will also terminate a User s account if the user is determined to be a repeat infringer. If you believe that your Content has been used in such a way that violates or infringes on your copyrighted Content, you may notify us by contacting our designated agent: Big O Takeout, LLC, Inc. c/o Wilson, Hutchinson and Littlepage 611 Frederica Street Owensboro, KY 42301 270.926.5011 VII. Fees Any fees that Big O Takeout, LLC may charge you for Site or Services, are due immediately and are non-refundable. Big O Takeout, LLC, at its sole discretion, may make promotional offers with different features and different rates to any users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Big O Takeout, LLC may change the fees for the Services or Site without notice. VIII. Termination and Modifications Big O Takeout, LLC reserves the right to modify, suspend, or discontinue at any time, without notice, Site and/or Services offered on or through Site (or any part thereof), including but not limited to Site s features, look and feel, and functional elements and related services. Furthermore, Big O Takeout, LLC reserves the right to modify the Terms at any time. Modifications are effective upon your first access of Site or use of Services after the Last Updated date at the beginning of these Terms. Your use of Site and/or Services will be deemed as your acceptance of the modified Terms. If you choose not to accept the modified Terms, then you should uninstall Site and discontinue any use of the Services. The Terms and/or the License are effective until either the date you uninstall Site or you fail to comply with any term of these Terms or the License or Big O Takeout, LLC terminates this License, whichever is earliest. Upon termination, you will discontinue all use of Site and Services. Termination does not limit or waive any of Big O Takeout, LLC s rights or remedies at law or in equity. IX. Disclaimers and Limitations of Liability This section intends to limit the liability of Big O Takeout, LLC, its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the Big O Takeout, LLC Entities ). The provision below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. YOU AGREE THAT YOUR USE OF THE SERVICES OFFERED BY BIG O TAKEOUT, LLC SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIG O TAKEOUT, LLC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BIG O TAKEOUT, LLC ENTITIES EXCEED THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50.00) OR THE AMOUNT YOU PAID BIG O TAKEOUT, LLC, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT BIG O TAKEOUT, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW. X. Indemnity You agree to defend, indemnify and hold harmless Big O Takeout, LLC from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Services caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services. XI. Waiver Big O Takeout, LLC s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. XII. Severability In the event that any provision of these Terms is held to be void, invalid, unlawful or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. XIII. Headings and Construction The section titles in the Terms are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party. XIV. Controlling Law and Jurisdiction The Terms and any action, claims, dispute related to the Terms will be governed by the laws of the Commonwealth of Kentucky, including consumer, civil and criminal laws of the Commonwealth of Kentucky, without regard or application of an conflicts of law provisions of your state or country of residence. You are agreeing to consent in advance to personal jurisdiction in the Commonwealth of Kentucky. Big O Takeout, LLC, Inc. is a Kentucky-registered limited liability company with its main headquarters in Kentucky. Any dispute that may arise in the future between yourself and Big O Takeout, LLC, Inc. will be subject to the laws of the Commonwealth of Kentucky, including consumer, civil, and criminal law. If you do not agree with this forum selection, do not use or download Big O Takeout, LLC, Inc. s mobile application, website, or any other services. If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Commonwealth of Kentucky (excluding choice of law).