Terms of Use

The Effective Date of these Terms and Conditions is August 20, 2019

WHO WE ARE. Bevara Office LLC, doing business as Bevara Building Services (“Bevara,” "we," "us," or "our") provides a wide array of building maintenance services. We maintain a publicly accessible website at http://www.bevaraservices.com (“Site”). Through our Site, we provide information on our services; provide services, information, and resources; provide customer assistance and technical support; allow customers and users of our Site to contact us; and maintain a Client/Tenant portal (“Services”).

THESE TERMS AND CONDITIONS ARE LEGALLY BINDING. BY USING OUR SITE AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND OUR PRIVACY POLICY. THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY MAY CHANGE FROM TIME TO TIME, AND IT IS YOUR RESPONSIBILITY TO ENSURE YOU AGREE TO THE TERMS PRIOR TO USING OUR APP. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY, YOU MAY NOT USE OUR SITE OR SERVICES.

BY USING AND/OR ACCESSING ANY PART OF THE APP, YOU UNCONDITIONALLY AND EXPRESSLY ACKNOWLEDGE, REPRESENT AND AGREE THAT YOU: (A) ARE OVER 18 YEARS OF AGE; (B) HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY; (C) UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY; AND (D) WILL COMPLY WITH THESE TERMS AND CONDITIONS, THE PRIVACY POLICY AND ANY APPLICABLE LAWS AND REGULATIONS.

License to Use the Site. Subject to these Terms and Conditions and the Privacy Policy, Bevara grants you a limited, non-transferable license to access and use the functionality, features, content, and information provided through the Site for the purpose of reviewing information, using our Client/Tenant Portal, subscribing to our newsletter, and/or communicating with us. You may not use the Site for any other purpose without first obtaining written permission from Bevara. Bevara reserves the right to revoke this license at any time.

User Registration. To use Client/Tenant Portal, you will be required to set up an account with Bevara. During registration, you will be required to provide your name, contact information, and will have to select a user name and password. You will be solely responsible for all information you provide to us. You will also be solely responsible for the security of your account credentials and any activity (whether authorized or unauthorized) that takes place through your account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. You agree not to submit false information to Bevara or anyone else through the Site.

Limitations. You understand that a connection to the Internet or cellular service is required to use the Site. You will solely be responsible for obtaining your own device, cellular service, and Internet access necessary to access and use the Site.

Ownership Rights. The text, layouts, graphics, photographs, and logos on the Site are protected by the copyright and trademark laws of the United States and other countries throughout the world. You expressly acknowledge and agree that Bevara and/or its content providers and partners own all of the content, trademarks, copyrights and other intellectual property related to the Site.

Your Obligations to Us. In exchange for use of the Site, you agree to the following:

a. You’re at least 18 years of age. The Site is designed for individuals 18 years old or older. We do not knowingly collect information from individuals under 18 years old without first obtaining verifiable parental consent.

b. You agree not to create false accounts or to provide false information. You represent and warrant that the contact information and account information you provide is truthful at the time you provide it.

c. The security of your account is your responsibility. You agree to choose a strong password and keep it private to you. You’re responsible for any and all activity on your account. If you suspect misuse of your account, please contact us immediately.

d. From time-to-time, we may need to contact you in order to provide important notices about your account.

e. When using the Site, you will follow all of these Terms and Conditions, and the terms of our Privacy Policy, and will obey all applicable laws.

f. You will not engage in any of the following activities:

Engaging in activity that compromises the Site or interferes with the proper functioning of the Site. Such activity may include (without limitation) to hacking, IP attacks, worms, viruses, spamming, phishing, cancelbots, Trojan horses, and mail bombing or crashing, and transferring any malware to the Site or to other users of the Site.
Allowing unauthorized access, whether intentionally or unintentionally, to the Site.
Using the Site and/or any information or content available through the Site in any manner that is not expressly permitted under these Terms of Use.

The license granted to you under these Terms and Conditions to access and use the Site shall automatically terminate if you violate any of these restrictions. To the extent permitted by applicable law, we reserve the right to disclose the identity of anyone violating the above prohibitions.

Accessibility. We value all of our users, and it is our goal to provide an excellent online experience for all our users, including our users with disabilities. You understand and accept, however, that some of the features of the Site may not be fully accessible due to oversight or because they are provided by third-parties. If you have comments regarding the accessibility of the Site, or would like to report an issue you are experiencing, please email us at info@bevaraserves.com. You expressly agree to attempt to work with us in good faith to obtain access to our Site and that you will not threaten or assert any claims regarding accessibility against us unless you have first provided us with notice of the inaccessibility problem(s) and a thirty (30) day period to remedy the problem.

DISCLAIMERS AND LIMITS ON LIABILITY. THE INFORMATION AND MATERIALS PROVIDED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE, AND ALL INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, PRIVACY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). BEVARA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "BEVARA PARTIES") MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE SITE; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION OR DATA BY A THIRD-PARTY; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); (E) LOSS, USE OR MISUSE OF YOUR DATA. SIMILARLY, THE BEVARA PARTIES MAKE NO WARRANTIES REGARDING UPTIME, PRIVACY OR ACCESSIBILITY OF THE SITE.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT THE BEVARA PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE BEVARA PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO IT FOR THE USE OF THE SITE WITHIN THE LAST SIX MONTHS OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO IT. IF YOU LIVE IN A STATE OR COUNTRY THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY IT IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ANY OF THE BEVARA PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.

ARBITRATION; JURISDICTION AND VENUE. ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING FROM THESE TERMS AND CONDITIONS, BEVARA’S PRIVACY POLICY OR THE COLLECTION, USE, DISCLOSURE, LOSS OR MISUSE OF DATA SHALL BE RESOLVED ON A CASE-BY-CASE BASIS THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, PROVIDED THAT, WHERE LESS THAN $250,000.00 IS AT ISSUE IN ANY SUCH DISPUTE, CONTROVERSY, OR CLAIM, THE ARBITRATION SHALL BE CONDUCTED BY ONE (1) ARBITRATOR. ALL SUCH ARBITRATION PROCEEDINGS SHALL TAKE PLACE IN WISCONSIN. BY USING THE SITES AND/OR SERVICES, YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST BEVARA IN CONNECTION WITH THESE TERMS AND CONDITIONS, BEVARA’S PRIVACY POLICY, THE SITE OR YOUR DATA. IN THE EVENT THERE IS ANY LITIGATION RELATING TO THIS PARAGRAPH REQUIRING ARBITRATION OR ANY OTHER MATTER THAT IS FOUND NOT TO BE SUBJECT TO ARBITRATION, THEN THE PARTIES IRREVOCABLY AGREE THAT JURISDICTION AND VENUE IN ANY SUCH LAWSUIT SHALL PROPERLY (BUT NOT EXCLUSIVELY) LIE IN THE CIRCUIT COURT FOR WAUKESHA COUNTY, WISCONSIN, OR THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN, AND THE PARTIES IRREVOCABLY AGREE THAT VENUE WOULD BE PROPER IN SUCH COURT AND HEREBY WAIVE ANY OBJECTION THAT SUCH COURT IS AN IMPROPER OR INCONVENIENT FORUM FOR THE RESOLUTION OF SUCH ACTION.

Indemnification. You agree to indemnify, defend and hold harmless Bevara and its affiliates, employees, agents, representatives, and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties, and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from your: (a) breach of these Terms and Conditions; (b) violation of any applicable law; and/or (c) any of your own actions or omissions on the Site.

Third-Party Links. The Site may contain links to other third-party websites or advertisements. Such third-party websites and advertisements are maintained by persons or organizations over which Bevara exercises no control. Bevara expressly disclaims any responsibility for the content or results from your use of such third-party websites.

Consent to Receive Electronic Notifications. Electronic communication is the most effective and timely way to provide the users of the App with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receive electronic notifications only in advance of the notification. Through this Agreement, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request paper copies of any electronic notifications you receive, please contact info@bevaraserves.com. To receive electronic records, you will need access to a smartphone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or another electronic mail provider.

Severability. If any term or provision in these Terms and Conditions is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms and Conditions in its entirety and the remainder of these Terms and Conditions shall survive with the offending provision eliminated.

Questions
If you have any questions about Bevara, our Site, our business or services, our Privacy Policy, or these Terms and Conditions, you may contact us at:

Email us at info@bevaraserves.com

Mail us or call us at:
Bevara Building Services
W237 N2878 Woodgate Road, Suite 5
Pewaukee, WI 53703
Toll-Free: 844.440.8324

Changes to these Terms and Conditions. We reserve the right to change these Terms and Conditions. Any changes to our Terms and Conditions will be placed here and will supersede this version of our Terms and Conditions. By continuing to use our Site, you agree to the terms of this and any updated versions of these Terms and Conditions.