TERMS OF SERVICE & PRIVACY POLICY

Welcome to the BottleCapps App and Website (the “App and Website”), a product of Critical Telephone Applications, Inc. d/b/a BottleCapps (“BottleCapps”, “we”, or “us”) that is being provided to you on behalf of our service partner Delta Wine & More (“Retailer”) to allow you to search your Retailer’s product inventory, order products and services from your Retailer, gain access to product and service promotions, and track your frequent shopper/loyalty credits all from the convenience of your iOS or Android mobile device.

THE FOLLOWING TERMS OF SERVICE (THE “AGREEMENT”) GOVERN YOUR ACCESS TO AND USE OF THE APP AND WEBSITE AND YOUR RELATIONSHIP WITH BOTTLECAPPS.

IN CONSIDERATION FOR ACCESS TO THE APP AND WEBSITE, YOU AGREE TO READ THE AGREEMENT CAREFULLY BEFORE FURTHER ACCESSING OR USING THE APP AND WEBSITE. BY FURTHER ACCESSING OR USING THE APP AND WEBSITE, YOU REPRESENT, WARRANT, AND ACKNOWLEDGE THAT: (a) YOU ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE; (b) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT AND THE PRIVACY POLICY; (c) YOU HAVE THE AUTHORITY AND CAPACITY AND ARE LEGALLY ENTITLED TO ENTER INTO THE AGREEMENT; (d) YOUR USE OF THE APP AND WEBSITE IS FOR YOUR SOLE AND PERSONAL USE; (e) YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE APP AND WEBSITE OR THE SYSTEM; AND (f) YOU AGREE TO BE BOUND BY THE AGREEMENT AND THE PRIVACY POLICY, WHICH GOVERNS YOUR ACCESS TO AND USE OF THE APP AND WEBSITE AND YOUR RELATIONSHIP WITH BOTTLECAPPS. THE AGREEMENT IS A LEGALLY BINDING ELECTRONIC CONTRACT BETWEEN YOU AND BOTTLECAPPS, AND GOVERNS YOUR ACCESS TO AND USE OF THE APP AND WEBSITE. YOU MUST ACCEPT THIS AGREEMENT AND THE PRIVACY POLICY TO FURTHER ACCESS OR USE THE APP AND WEBSITE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS HEREIN, CLOSE THE APP AND WEBSITE IMMEDIATELY AND DO NOT FURTHER ACCESS OR OTHERWISE USE THE APP AND WEBSITE.

THE APP AND WEBSITE IS NOT INTENDED FOR CHILDREN. YOU MUST BE AT LEAST TWENTY-ONE (21) YEARS OF AGE TO USE THE APP AND WEBSITE. When using the App and Website, you agree to comply with all applicable laws of your home territory and the territory in which you are physically present from which you access the App and Website, you thereby represent and warrant that you are not a competitor of BottleCapps, are not accessing or using the App and Website on behalf of a competitor of BottleCapps, and will not use the App and Website in a competitive atmosphere with BottleCapps.

In order to use the App and Website, you must first download the App and Website to your mobile device and then sign up and create a personal account (“Your Account”) by Sharing certain User Information with the App and Website and choosing a password. You are solely and personally responsible for maintaining the confidentiality and security of Your Account and the password associated with it. You may not authorize others to use Your Account or rent, sell, lease, license, sublicense, lend, distribute, or otherwise transfer or assign Your Account to any other person. You agree to immediately notify BottleCapps of any actual or suspected breach of security or unauthorized use of Your Account.

BottleCapps maintains our systems in accordance with commercially reasonable industry standards to preserve the integrity and security of your User Information and Your Content. BottleCapps is constantly seeking to improve the App and Website, the Console, and the System and how the App and Website, the Console, and the System Shares your User Information and Your Content. We cannot, however, ensure or warrant the security of any such information you Share via the App and Website and you do so at your own risk. Once we receive your User Information and Your Content, we make commercially reasonable efforts to ensure the security of our systems. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. “Perfect security" does not exist on the Internet, and your use of the App and Website is at your own risk.

You hereby represent, warrant, and acknowledge that all BottleCapps IP is owned, controlled, or licensed by BottleCapps and is protected by copyright, as a trademark, by patent, or by other intellectual property rights. Unless otherwise noted, the App and Website, the Site, and the Console, and all intellectual property on or that constitutes the Site and the System, including, but not limited to the App and Website and the Console is BottleCapps IP, including, but not limited to, the object code and underlying source code thereof, the tradenames thereof and trademarks thereon, and the selection, sequence, "look and feel", and arrangement of items thereon. You agree that you shall acquire no rights in any BottleCapps IP unless otherwise noted in writing by BottleCapps. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit any BottleCapps IP for commercial use in any way beyond what is permitted by the Agreement without the prior written consent of BottleCapps.

BottleCapps hereby grants you a limited, personal, non-exclusive, non-assignable, non-transferable, non-sub-licensable, freely and fully revocable license to access and use the App and Website in order to Share Your Content and your User Information with BottleCapps and your Retailer via the System, to Share Your Content with other Users via the App and Website, to access the System in order to purchase products and services from your Retailer, to contact BottleCapps and your Retailer, to access and use Content Shared via the System by BottleCapps, your Retailer, other Users, and our affiliates, to store your User Information and Your Content on the System for such purposes, and to scan product bar codes in order to determine if your Retailer carries such product. You acknowledge and agree that with exception to this limited license you have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit the System or any other BottleCapps IP in any manner unless otherwise noted in writing by BottleCapps. This license terminates automatically, without notice to you, if you breach the Agreement.

Reservation of Rights

BottleCapps reserves all rights not expressly granted in the Agreement unless otherwise noted in writing by BottleCapps.

Prevention of Unauthorized Access or Use

BottleCapps reserves the right to exercise whatever lawful means BottleCapps deems necessary to prevent unauthorized access to or use of any BottleCapps IP, including, but not limited to, technological barriers, IP mapping, and directly contacting your internet service provider or law enforcement regarding such unauthorized use.

Prohibitions

You may not, nor shall you permit any third party to, directly or indirectly:

We maintain a number of administrative, physical, and technological measures to protect the confidentiality, privacy, and security of your Personal Information. These controls vary based on the nature of the information. Unfortunately, no website, server or database is completely secure or "hacker proof." We therefore cannot guarantee that Personal Information you provide will not be disclosed, misused, or lost by accident or by the unauthorized acts of others.

We may retain Personal Information after we cease providing Services to you for the purpose of fraud monitoring, detection, and prevention. We also retain Personal Information to comply with our tax, accounting, and financial reporting obligations, as required by our contractual commitments, and as otherwise mandated by applicable law. When we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

If you have consented to receive marketing materials from us, we will retain your Personal Information for as long as we have your consent to send you marketing materials. You may withdraw this consent at any time following the instructions in this Privacy Notice. Additionally, we indefinitely retain data that is anonymized, de-identified, and/or aggregated in a manner that removes identifiable Personal Information from it.

External Websites

Our Platform and Services may contain links to other websites. Please be aware that we are not responsible for the privacy practices of other websites, regardless of whether the link was provided by us or posted by a user on the Platform. Bottlecapps does not monitor the content, safety, or suitability of such external websites. As such, this Privacy Notice only applies to information collected by us through the Services or on the Platform. We do not control and are not responsible for any use of your Personal Information by or through any third-party sites. By clicking a link to an external website, you assume the risk that Personal Information you provide on that website may be viewed or used by third parties. When visiting any website, it is in your best interest to review that site's privacy notice and terms of service before providing any Personal Information.

You must be at least twenty-one (21) years of age to access the Platform or Services in the United States and eighteen (18) years of age to access the Platform and Services in Canada (the “Minimum Age” in that country). We do not knowingly request or collect Personal Information from any person under the Minimum Age. If a user submitting Personal Information is suspected of being younger than the Minimum Age in your jurisdiction, we will require the user to close his or her account, and we will also take steps to delete that person’s information as soon as possible. If you know of any individuals under the Minimum Age using the Platform, please email us at help@bottlecapps.com so we can take action to prevent such access.

If you have any questions about these Terms of Service or our privacy practices, or would like to contact Bottlecapps’s Privacy Officer, please send an email to help@bottlecapps.com or by write to us at:

We may occasionally update this Terms of Service. If we make material changes, we will notify users by updating the “last updated” date at the top of this Terms of Service. Your continued use of our Platform or Services after we have posted the revised Terms of Service constitutes your agreement to be bound by the revised Terms of Service to the extent permitted by law.

The App and Website allows you to Share your User Information over the System with, between, and amongst BottleCapps BOTTLECAPPS Rewards, and your Retailer. By choosing to Share your User Information, you represent and warrant that your User Information is true, up to date, and that you are solely responsible for your User Information and the ramifications and results of your choice to Share your User Information. You also agree that Apple is not a sponsor of, nor endorses the use of, BOTTLECAPPS Rewards. By using the App and Website, you also affirm that you conform to the eligibility requirements set forth in the section entitled “Eligibility”.

BottleCapps does not claim any ownership rights in any of Your Content or your User Information Shared via the App and Website. By simply Sharing Your Content or your User Information via the App and Website, you continue to retain ownership of Your Content and your User Information and continue to have the right to use and license Your Content and your User Information in any way you choose unless otherwise stated herein. However, any of Your Content and your User Information Shared via the App and Website must comply with the Agreement.

By Sharing Your Content via the App and Website, you thereby grant BottleCapps a paid-in-full, royalty free, freely and fully transferable, freely and fully assignable, freely and fully sub-licensable, irrevocable, perpetual, worldwide right and license to Share Your Content with BottleCapps, your Retailer, other Users, and our affiliates for the purposes of the App and Website or our servicesor as required by applicable law or by proper legal, governmental, or regulatory authority and a paid-in-full, royalty free, freely and fully transferable, freely and fully assignable, freely and fully sub-licensable, irrevocable, perpetual, worldwide license right and license to use, display, perform, distribute, modify, adapt, abridge, exploit, and promote Your Content in any way and in any commercial or non-commercial medium or form without compensation.

By Sharing your User Information via the App and Website, you thereby grant BottleCapps a paid-in-full, royalty free, freely and fully transferable, freely and fully assignable, freely and fully sub-licensable, irrevocable, perpetual, worldwide right and license to Share your User Information with BottleCapps, our Retailers, and our affiliates for the purposes of the App and Website or our services, or as required by applicable law or by proper legal, governmental, or regulatory authority. By downloading and installing the App and Website, you thereby agree that BottleCapps, Your Retailer, and our affiliates may send you “push notifications” if your device supports such communications.

By using the App and Website, you thereby grant your Retailer a paid-in-full, royalty free, freely and fully transferable, freely and fully assignable, freely and fully sub-licensable, irrevocable, perpetual, worldwide right and license to use your User Information and Your Content for the purposes herein, specifically including, but not limited to providing you with the products and services you order and to contact you via the App and Website for marketing purposes.

By Sharing Your Content via the App and Website, you thereby grant to other Users a limited, non-exclusive license to access and use Your Content. Notwithstanding the foregoing, you also hereby grant to each other User at least a limited, non-exclusive, license to view, download, including, without limitation download to a portable device, print, and have printed Your Content for personal use.

You are solely responsible for Your Content and all the consequences, ramifications, and results of Sharing Your Content via the App and Website. By Sharing Your Content via the App and Website, you represent, warrant, and affirm that:

Bottlecapps may amend, modify or end any content within Bottlecapps Rewards in whole or in part from time to time, without notice, including suspension of the entire reward program, by posting an amended agreement on the website. Such updated version of the agreement will be effective at the time we post it. Bottlecapps also reserves the right to expire accrued points of users at any time.

Any fraudulent, deceptive, unauthorized, or unlawful participation is strictly prohibited, and may result in immediate termination or disqualification from the rewards program. The reward points cannot be sold, copied, shared or transferred. Any violation of the provisions in this TOS may result in cancelation of the account and the expiration of all accumulated points and rewards.

BottleCapps takes intellectual property rights very seriously and demands the same from all Users. BottleCapps will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act [17 U.S.C. 512] (the “DMCA”). The DMCA provides a process for a copyright owner to give notification to BottleCapps concerning alleged copyright infringement (“Notice of Infringement”). When a valid Notice of Infringement is received, BottleCapps shall respond under this process by taking down the offending Content.

In accordance with the DMCA, upon taking down the Content, BottleCapps shall take reasonable steps to contact the owner of the removed Content so that a counter-notification (“Counter Notice”) may be filed. On receiving a valid Counter Notice, BottleCapps will generally restore the Content in question, unless BottleCapps receives notice from the original provider of the Notice of Infringement that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

THESE NOTICES OF INFRINGEMENT AND COUNTER NOTICES ARE REAL-WORLD LEGAL NOTICES PROVIDED OUTSIDE THE AGREEMENT. BOTTLECAPPS MAY PROVIDE COPIES OF SUCH NOTICES TO THE PARTICIPANTS IN THE DISPUTE OR THIRD PARTIES, AT BOTTLECAPPS’S DISCRETION AND AS REQUIRED BY APPLICABLE LAW OR BY PROPER LEGAL, GOVERNMENTAL, OR REGULATORY AUTHORITY; THE AGREEMENTDOES NOT PROTECT INFORMATION PROVIDED IN THESE NOTICES.

If you are a copyright owner and have a good faith belief that any Content posted on or transferred through the System infringes your copyright(s), you may send BottleCapps’ “Designated Copyright Agent”, as identified hereinafter, written Notice of Infringement pursuant to the DMCA. This Notice of Infringement must contain the information specified below in the following format:

The Notice of Infringement must be submitted to BottleCapps’s Designated Copyright Agent by mail or email as set forth below:

Be advised that failure to comply with all of the above requirements may invalidate your Notice of Infringement under the DMCA. BottleCapps’ response to a proper Notice of Infringement will be to remove or disable access to the Content claimed to be infringing and notify the alleged infringer of your claim so he or she can submit a Counter Notice to BottleCapps.

If Your Content was removed or access was blocked and you have a good faith belief that it is not infringing on any copyrighted material, you may send BottleCapps a written Counter Notice pursuant to Section 512 of the DMCA. The Counter Notice must contain the information specified below in the following format:

(i) identify in sufficient detail the Content that BottleCapps has removed or to which BottleCapps has disabled access and the location of the material (e.g., the URL) before it was removed/disabled;

(iii) a statement that you consent to the jurisdiction of the federal district court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringing activity;

(iv) provide a statement, made under penalty of perjury, that you have a good faith belief that the material was removed/disabled as a mistake or misidentification of the material; and

The Counter Notice must be submitted to BottleCapps’ Designated Copyright Agent by mail or email as set forth below:

Be advised that failure to comply with all of the above requirements may invalidate your Counter Notice under the DMCA. If the Designated Copyright Agent receives your valid Counter Notice, BottleCapps may restore your removed Content or cease disabling it within ten to fourteen (10-14) business days, unless BottleCapps receives notice from the alleged copyright owner (who filed the initial Notice of Infringement) that said party has filed a court action seeking to stop your alleged infringement.

You agree that in the event that BottleCapps receives a written demand alleging that any of Your Content infringes upon, dilutes, tarnishes, or otherwise violates a party’s trademark rights, BottleCapps may in its sole discretion, remove or disable access to such Content until BottleCapps receives either:

(a) written confirmation from the party sending such demand that the demand is withdrawn or has been resolved or

(b) you submit sufficient evidence to satisfactorily rebut the allegations contained in such demand, the adequacy of such evidence to be determined by BottleCapps in BottleCapps’ sole discretion and which BottleCapps may reject for any reason without penalty or liability to you.

In order for BottleCapps to accept such rebuttal, you expressly acknowledge and agree that such rebuttal shall include:

1) the information set forth in Section VIII hereinabove, except that the such information shall relate to the disputed trademark at issue rather than disputed copyrighted material and

2) an express, irrevocable, and binding obligation pursuant to which you shall indemnify, defend, and hold harmless BottleCapps from damages, costs, or expenses that BottleCapps may incur, in any manner whatsoever, arising out of or in connection with the disputed Content and BottleCapps’ restoration thereof.

The procedures of the DMCA apply only to copyrighted works and expressly exclude any other forms of intellectual property rights, including any rights in trademarks; the process hereinabove is intended only to provide a convenient mechanism for addressing trademark disputes and does not, and shall not, be construed, as imposing any obligation on BottleCapps under the DMCA with regards to response times or the like. BottleCapps is under no obligation to restore access to any removed Content even if you provide the aforementioned rebuttal.

To the extent that you create any Derivative Work absent an explicit agreement with BottleCapps, such Derivative Work shall be owned by BottleCapps and all right, title, and interest in and to each such Derivative Work shall automatically vest in BottleCapps. Such right, title, and interest shall be deemed paid-in-full and royalty free, and BottleCapps shall have no obligation to grant you any right in any such Derivative Work. You hereby irrevocably assign to BottleCapps any and all joint or individual ownership, rights, titles, and interests in and to any and all such Derivative Work, including, but not limited to all:

(a) copyrights, patents, inventions, rights in mask works, trademarks, trade secrets, and other intellectual property rights, and all other rights that may hereafter be vested relating to the Derivative Work, arising under U.S. or any other law, together with all national, foreign, state, provincial, and common law registrations, applications for registration, and renewals and extensions thereof;

(c) all benefits, privileges, causes of action, and remedies relating to any of the foregoing, whether before or hereafter accrued, including, but not limited to, the exclusive rights to apply for such registrations, renewals, or extensions, to sue for all past infringements or violations of any the foregoing, and to settle and retain proceeds from any such actions. You further assign to BottleCapps, during the full copyright or patent terms and any extensions or renewals of that term, all copyrights and patents in and to the Derivative Work. In the event that the assignment in this Section of the Agreement does not provide BottleCapps with full ownership, rights, titles, and interests in and to the Derivative Work, you hereby grant BottleCapps an exclusive, freely transferable, freely assignable, irrevocable, paid-in-full, royalty-free, perpetual, fully worldwide license to reproduce, create derivative works from, distribute, publicly display, publicly perform, use, make, have made, offer for sale, sell or otherwise dispose of, and import the Derivative Work in any and every way BottleCapps sees fit, with the right to sublicense each and every such right. Furthermore, you hereby assign and transfer any and all moral rights in any Derivative Work to BottleCapps. You agree where such rights may not be assigned as a matter of law to cooperate fully with BottleCapps during the lifetime of such rights and agree not to take any interest with regard to such rights that is contrary to the will and goals of BottleCapps, and you agree not to exercise any such moral rights without the explicit prior written consent of BottleCapps. Where any such moral rights may not be assigned as a matter of law, but may pass on to your heirs at law, you hereby disclaim any and all such moral rights.

BottleCapps welcomes your feedback, suggestions, and recommendations. By submitting any feedback, suggestions, or recommendations to BottleCapps you agree that BottleCapps may, but shall have no obligation to, use, modify, distribute, copy, and otherwise exploit such feedback, suggestions, or recommendations in any manner, as BottleCapps sees fit, without restriction or limitation of any kind, and you thereby grant to BottleCapps a paid-in-full, royalty-free, freely and fully transferable, freely and fully assignable, freely and fully sub-licensable, irrevocable, perpetual, worldwide license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that BottleCapps’ use or alleged use of such feedback, suggestion, or recommendation infringes any of your rights.

The App and Website is a software application that allows you to purchase products and services from your Retailer (a “Transaction”). You hereby represent and warrant that all Transactions are between you and your Retailer, that BottleCapps is not a party to such Transactions, that BottleCapps bears no responsibility for examining or evaluating the quality or any other aspect of products and services provided by your Retailer, and that BottleCapps shall bear no liability or responsibility to you or any third party resulting from the Transaction or the products or services provided to you by your Retailer. You also agree that unless otherwise stipulated by the Retailer, all sales are final and no refunds are permitted.

BottleCapps is not a bank, credit union, payment processor, or other financial institution. Transactions are processed by your Retailer’s payment processor and point of sale system vendor. By placing a Transaction via the App and Website, you are authorizing your Retailer‘s payment processor and point of sale system vendor to charge your credit card or other payment method. Transactions processed via the App and Website may also be subject to the terms and conditions of your Retailer and your Retailer’s payment processor and point of sale system vendor. BottleCapps does not provide refunds via the App and Website for any Transactions. You hereby agree to address any disputes or refunds regarding any Transaction directly with your Retailer. You hereby represent and warrant that should you dispute any charge that appears on your credit card or other payment statement related to any Transaction that any chargeback shall apply directly to your Retailer.

You hereby represent and warrant that you understand that BottleCapps and your Retailer cannot guarantee the availability of any product or service offered via the App and Website. Furthermore, should you request delivery, neither BottleCapps nor your Retailer can guarantee delivery at any particular time or within any particular period of time.

Additionally, all prices of all products and services displayed in the App and Website are subject to change without notice. While BottleCapps and your Retailer make every effort to provide you the most accurate, up-to-date information, occasionally, one or more products or services may be mis-priced on occasion on the App and Website. In the event a product or service is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, your Retailer shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

Shipping orders will be processed within 1 to 7 business days. All shipments must be received (SIGNED) by an adult of legal drinking age. We are not permitted to leave packages without proper signature. By placing your order, you have represented that you are 21 years of age or older.

All deliveries must be received (SIGNED) by an adult of legal drinking age and will be required to have proper identification which shows that they are of legal drinking age. We are not permitted to leave packages without proper signature. By placing your order, you have represented that you are 21 years of age or older.

Other Users use the App and Website to access and use the System for their own purposes in accordance with the Agreement.

While BottleCapps reserves the right, but has no obligation, to monitor or moderate disputes between you and other Users, you are solely responsible for your interactions with other Users.

You may request that we delete your Personal Information from our systems by notifying us at help@bottlecapps.com. Please note that it may take us several days to verify your identity and process your request. You can also request this by going to the profile section of the app and clicking on the remove profile button.

You are solely responsible for Your Content and all the consequences of Sharing Your Content with other Users. You understand that you are solely responsible for any interaction with any other Users that takes place outside of the System whether online or offline.

BottleCapps, our Retailers, and our affiliates are seeking to improve our integration and the services available to you. BottleCapps may discontinue or change any content, service, function, or feature of the App and Website, the System, or the Site at any time with or without notice.

BottleCapps may modify, alter, or otherwise update the Terms of Service or Privacy Policy at any time. Such modifications shall be effective immediately upon posting on the App and Website. You are responsible for regularly reviewing the Agreement. Your continued access to or use of the App and Website constitutes your agreement to all such modifications.

THE SYSTEM, INCLUDING, BUT NOT LIMITED TO, THE APP AND WEBSITE AND THE CONSOLE, IS ALWAYS UNDER ONGOING DEVELOPMENT AND TESTING. BOTTLECAPPS, OUR RETAILERS, AND OUR AFFILIATES DESIRE TO OBTAIN INPUT FROM YOU TO ASSIST US IN THE ONGOING DEVELOPMENT OF THE SYSTEM. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE WILLING TO PROVIDE THAT INPUT. ACCORDINGLY, YOU ACKNOWLEDGE THAT THE SYSTEM MAY CONTAIN ‘‘BUGS’’ AND OTHER ERRORS THAT COULD ADVERSELY AFFECT THEIR USE OR PERFORMANCE; THE SYSTEM, INCLUDING, BUT NOT LIMITED TO THE APP AND WEBSITE, MAY CONTAIN INOPERABLE FEATURES, MAY CONTAIN ERRORS, AND MAY BE INCOMPLETE; AND YOU SHOULD TAKE EXTRA CARE IN PRESERVING YOUR CONTENT IN ORDER TO AVOID ANY LOSS OF YOUR CONTENT AS A RESULT OF USING THE APP AND WEBSITE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOTTLECAPPS DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS WITH REGARDS TO THE SITE AND THE SYSTEM, INCLUDING, BUT NOT LIMITED TO THE APP AND WEBSITE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SYSTEM, INCLUDING, BUT NOT LIMITED TO THE APP AND WEBSITE, IS SOLELY AT YOUR OWN RISK. THE SITE AND THE SYSTEM, INCLUDING, BUT NOT LIMITED TO THE APP AND WEBSITE AND CONSOLE, ALL CONTENT THEREON, AND ALL BOTTLECAPPS IP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. BOTTLECAPPS DOES NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR THE SYSTEM WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

BOTTLECAPPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SYSTEM, OR ANY OTHER BOTTLECAPPS IP IN TERMS OF USE OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

(a) you have the right to enter into and fully perform the mutual covenants contemplated herein, consistent with the Agreement;

(b) there is no outstanding contract, commitment, or agreement to which you are a party that conflicts with the Agreement;

(c) you are not subject to any injunctions or settlement agreement with private or public parties that may limit your ability to comply with the terms of the Agreement;

(e) you understand that use of any product or service, specifically, including, but not limited to, the consumption of any product is at your own risk and BottleCapps and your Retailer shall bear no responsibility resulting from your consumption of any product.

IN NO EVENT WILL BOTTLECAPPS BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIM FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, YOUR USE OF THE SITE OR THE SYSTEM, OR YOUR USE OF ANY PRODUCT OR SERVICE FROM YOUR RETAILER, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BOTTLECAPPS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, THE SYSTEM, ANY OTHER BOTTLECAPPS IP, OR ANY CONTENT SHARED BY YOU, OUR RETAILERS, OR OTHER USERS, OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO ACCESS OR USE THE SITE, THE SYSTEM, ANY OTHER BOTTLECAPPS IP, ANY CONTENT SHARED BY BOTTLECAPPS OR OUR RETAILERS, ANY OF OUR RETAILERS SERVICES, ANY LINKED SITES, OR ANY USER CONTENT, ANY OTHER INTERACTIONS WITH BOTTLECAPPS, OR ANY OF YOUR USE OF ANY PRODUCT OR SERVICE FROM YOUR RETAILER, YOUR INTERACTIONS WITH ANY OTHER USERS, OUR RETAILERS, OR THIRD PARTIES EVEN IF BOTTLECAPPS OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

IF YOU ARE CALIFORNIA RESIDENTS, YOU HEREBY AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BOTTLECAPPS AND OUR RETAILERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, OR DAMAGES, INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES, WHICH MAY HEREAFTER ARISE, WHICH BOTTLECAPPS AND OUR RETAILERS MAY SUSTAIN DUE TO OR ARISING OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY MADE HEREIN, YOUR BREACH OF THE AGREEMENT, YOUR NEGLIGENT ACT OR OMISSION, YOUR USE OF ANY PRODUCT OR SERVICE FROM YOUR RETAILER, YOUR ACTS IN VIOLATION OF THE AGREEMENT OR ANY APPLICABLE LAW, STATUTE, OR REGULATION OF THE UNITED STATES OR THE JURISDICTION IN WHICH YOU RESIDE, OR YOUR CONTENT, OR CAUSED OR ALLEGED TO BE CAUSED, DIRECTLY OR INDIRECTLY, BY YOUR ACCESS TO AND USE OF THE SITE, THE SYSTEM, ANY OTHER BOTTLECAPPS IP, OR CONTENT SHARED BY BOTTLECAPPS, OUR RETAILERS, OR OUR AFFILIATES OR YOUR USE OF ANY PRODUCT OR SERVICE FROM YOUR RETAILER.

You agree and acknowledge that the protections in Agreement are directly related to BottleCapps’ goodwill and vital business interests and that a breach of the Agreement would cause BottleCapps significant and irreparable injury, the degree of which may be difficult to ascertain and for which monetary damages may not provide adequate compensation. Accordingly, in addition to any other remedy, BottleCapps will be entitled to seek immediate injunctive relief against such breach or threatened breach in any court of competent jurisdiction, without proving actual damage or posting a bond or other security.

You agree and acknowledge that the protections in Sections VI, VII, and X of the Agreement are directly related to BottleCapps’ goodwill and vital business interests and that such breach of these Sections of the Agreement would cause BottleCapps significant and irreparable injury, the degree of which may be difficult to ascertain. Accordingly, in addition to all other remedies available to BottleCapps, BottleCapps shall be entitled to liquidated damages in the amount of ONE MILLION U.S. DOLLARS ($1,000,000). You agree and acknowledge that these liquidated damages are a fair and accurate estimate of BottleCapps’s actual damages resulting from such breach and shall not be construed as penalty or punitive damages against you.

You agree that any action at law or in equity arising out of or relating to the Agreement, the Site, the System, including, but not limited to the App and Website and the Console, any other BottleCapps IP, any Content Shared by BottleCapps, or BottleCapps, and all suits and special proceedings relating to the Agreement, the Site, the System, including, but not limited to the App and Website and the Console, any other BottleCapps IP, any Content Shared by BottleCapps, or BottleCapps, shall be construed in accordance with and under and pursuant to the laws of the State of Texas, without giving effect to any principles of conflicts of law.

You further agree that any action at law or in equity arising out of or relating to the Agreement, the Site, the System, including, but not limited to the App and Website and the Console, any other BottleCapps IP, any Content Shared by BottleCapps, or BottleCapps, and all suits and special proceedings relating to the Agreement, the Site, the System, including, but not limited to the App and Website and the Console, any other BottleCapps IP, any Content Shared by BottleCapps, or BottleCapps, will be filed only in the Dallas Division of the Northern District of Texas or the state courts in and for Dallas, Texas, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.

You agree that you will first try to resolve any controversy, claim, or dispute arising out of or relating to the Agreement, the Site, the System, including, but not limited to the App and Website and the Console, any other BottleCapps IP, any Content Shared by BottleCapps, or BottleCapps, with the help of a mutually agreed upon mediator in Dallas, Texas. Any costs and fees other than attorney fees associated with the mediation shall be paid by you. Attorney fees associated with the mediation shall be paid by the respective parties.

In the event that BottleCapps must initiate proceedings in connection with or for the enforcement of the Agreement, BottleCapps shall be entitled to recover its cost of suit, including reasonable attorney fees, both at trial and appellate level.

The Agreement shall be binding on and inure to the benefit of the respective parties and their executors, administrators, heirs, personal representatives, successors, and assigns.

BottleCapps makes no representation that the Site or the System is appropriate or available for use in locations outside the United States or Canada. If you choose to access or use the Site or the System from a location outside the U.S. or Canada, you do so on your own initiative and you are responsible for compliance with local laws.

A waiver or modification of the Agreement or of any covenant, condition, or limitation in the Agreement shall not be valid unless made in accordance with the Agreement or executed in writing between the parties, and evidence of any waiver or modification shall not be offered into or received in evidence in any proceeding, mediation, arbitration, or litigation between the parties arising out of or affecting the Agreement, or the right or obligations of any party under the Agreement. The parties further agree that the provisions of this Agreement may not be waived except as set forth in the Agreement. The failure of BottleCapps to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision.

To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any terms of the Agreement invalid or otherwise unenforceable in any respect. In the event that any terms of the Agreement are held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining terms of the Agreement.

Your rights and licenses under the Agreement may not be assigned, transferred, or sub-licensed by you, but BottleCapps’ rights and licenses under the Agreement may be freely and fully assigned, transferred, or sublicensed by BottleCapps without restriction. Any assignment, transfer, or sublicense attempted to be made by you in violation of the Agreement shall be void ab initio.

This Agreement hereby incorporates BottleCapps’ Terms of Service and also considers BottleCapps’ Privacy Policy. In the event of a direct conflict between the provisions of this Agreement and the provisions of the Privacy Policy, the provisions of this Agreement will control.

The heading references herein are for convenience purposes only, do not constitute a part of the Agreement, and will not be deemed to limit or affect any of the provisions hereof.

Both you and BottleCapps are independent contractors. The Agreement creates no agency, partnership, joint venture, franchise, or employee-employer relationship between the parties unless otherwise noted in writing by the parties. Both you and BottleCapps represent, warrant, and acknowledge that neither party has the authority to bind the other party or incur any obligation on the other party’s behalf, or represent, cause, or allow to be represented, encourage, aid, or abet any other third party in the making of representations that such third party possesses any such authority in any capacity other than as specified in the Agreement.

The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof. Any capitalized term in this Agreement shall have the meaning herein defined. Any capitalized term not herein defined, shall have the meaning given to such term in the Terms of Service and/or Privacy Policy. Any capitalized term not defined in any of the afore mentioned documents shall be given it by context in the common technical parlance of the Texas technology community. Any hyperlinked term in this Agreement shall refer to the hyperlink. Any term in this Agreement written wholly in small capitalized letter shall be deemed a legal citation to relevant statutory law or a name of a third-party entity. Additionally, throughout this Agreement when context requires, capitalized terms, singular nouns, and pronouns include the plural and possessive.

All notices, requests, demands, consents, permissions, and other communications hereunder shall be in writing by email:

b) to you via the App and Website or at the email address or phone number listed in Your Profile and shall be deemed received when transmitted and confirmation of delivery or receipt is received.

Any comments, complaints, or requests for further information can be directed to help@bottlecapps.com.

BottleCapps respects your privacy and is committed to protecting your personally identifiable information. All use of such information is governed in accordance with our Privacy Policy, which is hereby provided by reference. Please read this notice carefully for information related to BottleCapps’ collection, use, and disclosure of your personally identifiable information.

The App and Website allows you to Share Your Content over the System with, between, and amongst BottleCapps, your Retailer, BOTTLECAPPS Rewards, and other parties with access to the System. By choosing to Share Your Content via the App and Website, you represent and warrant that you are solely responsible for Your Content and the ramifications and results of your choice to Share Your Content. You also agree that Apple nor Google are sponsors of, nor endorse the use of, BOTTLECAPPS Rewards. By using the App and Website, you also affirm that you are at least 21 years of age and that legal documentation of such can be provided by you, if required. By accessing or using the App you are also agreeing to allow the App to directly call phone numbers, take pictures and videos, use your personal image, and access your location via GPS.

Using your personal data in a fair and transparent way is important to Bottlecapps. When you use our desktop or mobile websites and applications (the “Platform”), we may collect information about you, including information that can be used to identify you (“Personal Information”). Additionally, we may obtain Personal Information about you from third parties as described in this Privacy Notice. We collect this data to allow you to place orders and access other functionality on the Platform (the “Services”), as well as for the other purposes described in this Privacy Notice. This Privacy Notice is intended to help you understand: (a) What Personal Information we collect, how we collect it, how we use it, and how we share it, (b) The choices you have related to your Personal Information, and (c) How we protect your Personal Information.

Please take a moment to review the terms of this Privacy Notice governing your use of the Platform and Services. By accessing the Platform or using the Services, you agree that we may collect, process, and share your information (including Personal Information) consistent with this Privacy Notice and to the Terms of Service.

Account Information

When you register for our Platform or use our Services, we may ask that you provide information that can be used to personally identify you. This may include details such your name, phone number, date of birth, login credentials, device id, profile picture, location, delivery address, and certain payment information (i.e., payment card type, last 4 digits and expiration date), as well as numbers, usernames, or other identifiers that are assigned uniquely to you

Other Information

Based on how you interact with the Platform, we may also collect information about your spending habits, preferences, and demographic information.

Usage Information

We may collect certain information automatically when you visit the Platform from your browser or by using cookies, as described below. This “Usage Information” may include:

We may combine Usage Information with your Personal Information. If we do so, we will treat the combined information as Personal Information under this Privacy Notice.

How We Collect Information

We receive Personal Information directly from you when you provide it to us, such as when you register for the Platform or place an order. Additionally, you may be required to provide Personal Information when you contact us for support or with a question so that we can respond appropriately.

We (or our vendors and partners) may use automated means to collect information about you and the device that you use to access the Platform. These automated means include technologies such as cookies, web beacons, and similar technologies (described in more detail below). These technologies help us analyze trends, administer the Services, track your interaction with the Platform, understand your preferences habits, and gather Other Information. They also allow us to provide you with recommendations and content that are tailored to you.

Our Platform uses cookies, web beacons and mobile application software development kits (“SDKs”) (collectively, “Tracking Technologies”) to gather information about you. Cookies are small text files that websites send to your device to uniquely identify your browser or to store information or settings on your device. Web beacons (sometimes called transparent GIFs, clear GIFs, or web bugs) are small strings of code that provide a way for us to deliver a small graphic image (usually invisible) on a web page or in an email. Web beacons can recognize certain types of information on your device such as cookies, the time and date a page is viewed, a description of the page where the web beacon is placed, and when you open or click on links in our emails.

An SDK is a third-party computer code that allows our third-party service providers or partners to collect information about your use of our mobile apps for a variety of purposes, including to provide us with analytics, to integrate with social media platforms, to add features or functionality to our app, or to facilitate online advertising.

We use Tracking Technologies to administer the Services, including without limitation to:

We also may allow our partners to use Tracking Technologies on our Platform. Tracking Technologies used by these partners may be used to gather information about how you use with Platform, interact with advertisements, and your purchasing habits.

To learn more about cookies and similar Tracking Technologies, and how they can affect your privacy, visit www.allaboutcookies.org. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Your choices regarding Tracking Technologies are described in the Your Choices section below.

We (or our partners) may use the information we collect through Tracking Technologies, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers). Specifically, this information may be used to tailor content and features presented to you and provide you with a seamless experience across devices. We may also use cross-device targeting to help identify you and serve advertising. If you wish to opt-out of cross device tracking for purposes of interest- based advertising, you may do so through your device settings. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.

You can learn more about interest-based advertising and how to opt-out of receiving certain tailored advertising by visiting (1) the Network Advertising Initiative’s Consumer Opt-Out link or (2) the Digital Advertising Alliance’s Consumer Opt-Out link. To opt-out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page.

We may use information that we collect from you for the following purposes, or as otherwise identified at the time of collection:

We may use Personal Information that we collect through your use of the Platform and Services to:

We may use your Personal Information to communicate with you. For example, we may send you text messages or other notifications (such as “push notifications” through your mobile device) about the status of your orders and deliveries. If you have registered for the Platform, we may also email you with promotional offerings or other communications that may be of interest to you. If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt- out” of receiving future email marketing communications.

Additionally, we may use your Personal Information to create aggregated data records (collectively “Aggregate Data”). Some of this Aggregate Data is anonymous and/or de-identified. We anonymize and de-identify data by removing information (including any contact information) that would allow the remaining data to be linked back to you. We may use the Aggregate Data for internal purposes, such as analyzing patterns, program usage, demographic trends, and user behavior patterns and preferences to improve our Services and for other lawful purposes.

We may use your Personal Information as we believe necessary to comply with any applicable laws, court orders, subpoenas; to respond to lawful requests by law enforcement, regulators, or government entities; to detect, prevent, investigate or combat possible crime, such as identity theft, or other fraudulent activity; to protect the security of our Platform and Services; to enforce or apply our online Terms of Service or other agreements; to protect our own rights or property or the rights, property, or safety of our users or others; and to investigate or address claims or disputes relating to the Services.

We may use analytics, machine learning, and data models (“Analytics”) to support our data processing activities. Some of our Analytics rely upon Personal Information that we collect from you, your interactions and use of the Platform, and from third parties. Using this Personal Information, our Analytics allow us to tailor our Services to your specific needs and preferences, provide certain services to our partners, and develop new features.

We will only disclose Personal Information to the following entities, or as otherwise identified at the time of collection:

If you place an order using the Platform, we will share details about your identity with the retailers and drivers that will be fulfilling your order. Retailers and drivers will use this information to deliver the products you request to the appropriate address and to verify the age and identification of the individual receiving the order.

In some cases, retailers may use third parties to deliver your order. We may share your Personal Information with these third parties as part of the Services.

If you place a gift order, the individual receiving the gift may be notified that it was sent on your behalf. Additionally, if you write a review on the Platform, the name you provide and any associated personal images at the time you post the review will be visible to all other Platform users.

At certain times, we may provide you with access to deals, promotions, or opportunities (“Promotions”) in association with our partners. Such Promotions will identify the partner and indicate if they have a Privacy Notice that applies to their collection and use of your information. If you elect to register for products and/or services, communicate with these partners, or download their content or applications as part of a Promotion, you may be providing your information to both Bottlecapps and the partner. If this is the case, we will provide disclosures as part of the Promotion. We are not responsible for our partner’s data practices and you should carefully review each partner’s Privacy Notices before participating in a Promotion that they are sponsoring.

We may share your Personal Information with our parent company, subsidiaries, and affiliates for use consistent with this Privacy Notice.

Additionally, we may share your Personal Information in connection with, or during negotiations of, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or a portion of our business, assets or stock, including a bankruptcy or similar proceeding.

We provide data, including Personal Information, to vendors, consultants, research firms, and other service providers. These include:

If a company (such as your employer) pays for your order or places an order on your behalf, we may share your Personal Information with that company so it can verify that you received your order.

We may provide your Personal Information to advertising companies (including marketing firms, audience analytics firms, advertising platforms, and consultants), social medial platforms, and brands that we partner with so that they (and Bottlecapps) can better understand your purchasing habits and preferences. In some circumstances, we may also allow these companies to collect Personal Information directly from your browser or device through Tracking Technologies when you interact with our Platform. These companies may use the information we provide to determine how to direct advertisements and what individual or demographics to target, both on the Platform and elsewhere.

We may disclose your Personal Information as we believe necessary to comply with any applicable laws, court orders, subpoenas; to respond to lawful requests by law enforcement, regulators, or government entities; to detect, prevent, investigate or combat possible crime, such as identity theft, or other fraudulent activity; to protect the security of our Platform and Services; to enforce or apply our Terms of Service or other agreements; to protect our own rights or property or the rights, property, or safety of our users or others; and to investigate or address claims or disputes relating to the Services.

By registering for our Platform, you consent to receive communications from us. We may communicate with you via mail, text/SMS message, “push notifications” through your mobile device, and the Platform’s messaging functionality to share relevant information about the Platform, Services, and your orders. For details about our text/SMS practices, please review our Terms of Service. Additionally, we may send your promotional or marketing materials as described below.

If you have registered for the Platform, we may send you promotional emails about our Platform, Services, or other materials that we believe may be of interest to you.

If you have registered for the Platform, we may send you promotional “push notifications” through your mobile device.

You may unsubscribe from promotional emails by clicking the link at the bottom of any promotional email, through your preferences on the Platform, or by contacting us at help@bottlecapps.com.

You may choose not to receive promotional “push notifications” by adjusting the “Notifications” settings in Bottlecapps mobile app or adjusting your device settings.

When you first register to use the Platform, you may set certain preferences as to how we use your Personal Information and communicate with you. If you are a Platform user, you may change those previously expressed preferences by visiting the “Profile & Settings” page once you are logged in.

We include an “unsubscribe” link in each electronic newsletter or promotional e-mail we send you. If you no longer wish to receive such communications from us, please click that link and follow any additional instructions.

Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. If you do not accept cookies, you may experience some inconvenience in your use of our Platform. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Platform.

You may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the user’s choices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms linked above. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

If you are a registered Platform user, you have the ability to update or correct your Personal Information by accessing your profile page once you are logged in. If you are unable to make the necessary updates or corrections there, please contact us at help@bottlecapps.com.

If you would like to exercise your right to "opt-out", please email us at help@bottlecapps.com. To make any other requests under the CCPA, please use our help@bottlecapps.com email address.

You may request: (A) that we delete your Personal Information, or (B) to access to your Personal Information by submitting a request to help@bottlecapps.com. If you believe that Bottlecapps possesses Personal Information about you that is inaccurate, you may send an email to help@bottlecapps.com requesting that we correct such Personal Information. Please note that you have the ability to edit some of your Personal Information such as your name, email address, and phone number by accessing the “My Account” page when you are logged in to the Platforms.

Bottlecapps is based in the United States. Regardless of where you access the Platform or Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States and/or Canada. Any Personal Information that we obtain about you will be stored in the United States or Canada where data protection laws may not be as protective as those applicable where you live. By using the Platform or Services, you consent to this collection, transfer, storage, and processing of information to and in the United States or Canada.

If you have any questions about this Privacy Notice or our privacy practices, or would like to contact Bottlecapps’s Privacy Officer, please send an email to help@bottlecapps.com or by write to us at:

We may occasionally update this Privacy Notice. If we make material changes, we will notify users by updating the “last updated” date at the top of this Privacy Notice. Your continued use of our Platform or Services after we have posted the revised Privacy Notice constitutes your agreement to be bound by the revised Privacy Notice to the extent permitted by law.

BOTTLECAPPS APP AND WEBSITE