Terms of Service 1 — Magave Tequila

Terms of service

Website Terms of Use Effective Date: June 30, 2021

These Terms of Use (the “Terms”) along with our Privacy Policy set forth the terms and conditions under which Magave Tequila, Inc. (“Magave”, “us”, “we” “our” ) agrees to provide you use of and access to the website we operate located at www.magavetequila.com (the “Site”), including any version of the Site, whether accessed via computer, mobile device, tablet, or any other device, and including without limitation all content, features, services, products, information, resources, software, data, and content of any kind including, without limitation, the information, features, artwork, text, video, audio, pictures and services available on or accessed through the Site.

YOUR ACCEPTANCE OF THESE TERMS

Any use by you of Site is conditional upon your acceptance of these Terms and our Privacy Policy. Your continued use of the Site will be deemed acceptance of these Terms of Service and our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS THE SITE.

YOU MUST BE OF LEGAL DRINKING AGE

WE MAY MODIFY THESE TERMS

From time to time, we may change, update, delete, or add to these Terms. Any changes to these Terms will be effective immediately upon posting. Any continued access and/or use by you of the Site after changes have been posted constitutes your acceptance to those changes. It is your responsibility to review these Terms and other applicable policies periodically for changes.

PRIVACY

We respect the privacy of our users and encourage you to read our Privacy Policy to understand our practices so that you may make an informed decision about accessing and using the Site. Any information that you provide to us will be subject to this Privacy Policy. You understand that through your use of the Site, you consent to the collection and use of this information, including the transfer of this information for storage, processing and use by MAGAVE and its affiliates.

ADDITIONAL TERMS

When accessing or using the Site, you may be subject to additional terms that we may provide that, in addition to these Terms, govern your use of and/or access to certain products or services that we offer (“Additional Terms”). These include without limitation our Purchase Order Terms and Conditions. We will present any such Additional Terms in conjunction with the applicable service and/or when you register to

your right to use the Site, you represent that you are of legal age to enter into a binding contract and that

As a condition of

you are not a person barred from accessing the Site under the laws of the United States or any other

country.

The Site is intended for use by you only if you are of legal purchase age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you must leave the Site immediately.

participate in such service, if applicable. As a condition of using and/or accessing such services, you acknowledge and agree that you will comply with any such Additional Terms, and if you do not agree to comply with such Additional Terms you will not be able to use or access the applicable service. Any Additional Terms that we promulgate are hereby incorporated in these Terms by this reference.

We may sometimes provide you with services that are not described in these Terms, or customized services, and may be required to enter into a separate, signed agreement. However, unless we have entered into a separate, signed agreement that expressly supersedes these Terms, these Terms will apply to those services as well.

PERMITTED USES

MAGAVE maintains this Site for your personal, entertainment, information, education, and communication uses. If you are of legal purchase age to purchase alcohol in your country of residence and in the country from which you are accessing the Site, you may use and access the Site for non- commercial, personal use only. You may not distribute, modify, transmit, reuse, re-post, or use the content of this Site for public or commercial purposes, including the text, images, audio and visual without MAGAVE’s written permission.
You also warrant and agree that You shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) engage in spamming or flooding; or (c) attempt to gain unauthorized access to other computer systems through the Site.
Additionally, You agree not to show or forward the contents of the Site to persons under the legal age to purchase alcohol or otherwise attempt to interfere with the proper working of the Site.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

INTELLECTUAL PROPERTY

All content and materials on the Site, including without limitation all text, designs, graphics, logos, page headers, button icons, scripts, information, blog posts, opinions, service names, trademarks, service marks, domain names, technical documentation, product information, visual interfaces, images, photographs, trademarks, software and artwork (collectively, "Content"), and including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement thereof, contained on the Site is owned by us, controlled by us, or licensed to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All intellectual property not owned by us that appears on the Site is the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. MAGAVE and the respective intellectual property owners retains ownership of all right, title and interest in the Site and all Content.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content displayed on the Site without the written permission of MAGAVE.

DMCA TAKE DOWN PROCEDURE

It is our policy to block or remove any materials on the Site, and/or made available on or through the Site that we believe in good faith infringes the intellectual property rights of others.

If you are a copyright owner who believes that your rights have been violated by any materials, content or

information on or made available through the Site, please send a notice containing the following

information to the Designated Agent listed below:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an

exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works on the Site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit MAGAVE to locate the material.
(iv) Information reasonably sufficient to permit MAGAVE to contact the you, such as an address,
telephone number, and, if available, an electronic mail address at which the you may be
contacted.
(v) A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon notification, we will remove or disable access to the infringing material and notify the content provider that it has removed or disabled access to the material.

If the content provider believes in good faith that the material that was removed is either not infringing, or that it has the right to post and use such material from the copyright owner or pursuant to the law, the user must send a counter-notification containing the following information to the Designated Agent listed below:

(i) A physical or electronic signature of the content provider;
(ii) Identification of the material that has been removed or to which access to has been disabled
and the location at which the material appeared before it was removed or disabled;
(iii) A statement that the content provider has a good faith belief that the material was removed
or disabled as a result of mistake or a misidentification of the material; and
(iv) The content provider’s name, address, telephone number, and, if available, e-mail address
and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which MAGAVE is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notification is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.

It is our policy to terminate repeat infringement offender’s access to the Site, and we reserve the right to do so.

Please contact our Designated Agent at the following e-mail address: info@magavetequila.com

CUSTOMER SERVICE AND COMMUNICATIONS

When you visit and/or use the Site or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by MAGAVE satisfy any legal requirement that such communication be in writing. If you receive marketing e- mails from MAGAVE and wish to opt out, you may send an e-mail to us at info@magavetequila.com or follow the opt-out procedures set forth in such marketing e-mails.

If you have any questions or comments concerning the Services or any of the policies set forth in these Terms, please contact us at info@magavetequila.com. We welcome your comments and feedback. All communications and comments submitted to us by e-mail, through the Services are non-confidential.

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Services, such as your suggestions regarding improvements that we make to the Site or our products and services (collectively, “Comments”) will become our exclusive property and we may use all Comments for any purpose. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (a) to maintain any Comments in confidence; (b) to pay to you or any third party any compensation for any Comments; or (c) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By sending us Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.

If you wish to contact us about opportunities related to becoming a vendor, partner or other inquiry, you may do so by e-mailing us at info@magavetequila.com. We have no obligation to respond to any

THIRD PARTY PRODUCTS AND SITES

Descriptions of, or references to, products, publications or sites not owned by MAGAVE or its affiliates do not imply endorsement of that product, publication or site. MAGAVE has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

inquiries, and any information you send to us will be considered “Comments” as described below. Without limiting anything in these Terms, you are expressly prohibited from impersonating any other person or entity in connection with your inquiries, and from otherwise sending us any false information.

MAILING LIST

By signing up for our mailing list, you opt in to receiving information and news, occasional special offer, marketing and communication emails. You may unsubscribe from these emails by following the opt-out instructions in these emails.

HYPERLINKS TO THE SITE

If you place a link to the Site on a third party website, you must adhere to MAGAVE’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MAGAVE and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with MAGAVE, and (iii) MAGAVE reserves the right to revoke its consent to the link at any time and in its sole discretion.

NO WARRANTIES; LIMITATION OF LIABILITY

THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, OR NON-INFRINGEMENT.

MAGAVE assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.

In no event shall MAGAVE, or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates or related companies, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.

INDEMNIFICATION

You agree to indemnify, defend and hold MAGAVE, or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates or related companies, or the officers, directors, employees, shareholders, or agents of each of them, harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following: (a) your use of, inability to use, or activities in connection with the Site or any service offered on or through the Site; (b) any violation of these Terms or any other terms, conditions or policies by you or through any account you may have with any website related to this Site; (c) any transaction by you on the Site; (d) any allegation that any submission or other materials that you make available through the Site infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any Site visitor, user, or customer, or any other third party; and you agree to reimburse MAGAVE on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any such claim(s).

TERMINATION

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, or your use of or access to the Site, in our sole discretion, for any purpose at any time, without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period, or if we limit or withdraw or use of or access to the Site.

GOVERNING LAW

This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the State of California, United States of America. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that MAGAVE intends to make such products or services available in such countries. Without limitation, you agree that a printed version of these Terms and amendments made hereto shall be admissible in any judicial or administrative proceedings based upon or relating to your use of the Site or these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ENTIRE AGREEMENT

If any provision of these Terms shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms our Privacy Policy constitute the sole and entire agreement between you and MAGAVE with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.