Terms and Conditions

Terms of Use

Welcome to the Metagave Tequila website (this "Site"). This Site is owned and operated by Metagave Tequila Corp. ("Company"). Please read these Terms of Use carefully before using this Site. By accessing or using this Site in any way, including without limitation, browsing this Site, using any information, placing an order, creating an account, and/or submitting any content or personal information to the Company, you agree to and are bound by the terms, conditions, policies, and notices contained in these Terms of Use (these "Terms"), including conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Colorado law. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE.

THE SITE IS INTENDED FOR YOUR USE ONLY IF YOU ARE OF LEGAL 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 ACCESS, AND YOU SHOULD LEAVE THE SITE IMMEDIATELY.

1. Site Content (a) This Site is for your personal and noncommercial use. All contents of this Site are: ©2023 Metagave Tequila Corp. All rights reserved. Metagave Tequila® and Company's logo are trademarks of the Company. This Site contains copyrighted material, trademarks, service marks, trade dress, and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video, and graphics (collectively, the "Content"), and the entire selection, coordination, arrangement, and "look and feel" of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, "Intellectual Property Rights"). You are only permitted to use the Content as expressly authorized herein or in writing by the Company. Neither these Terms nor your use of this Site transfers any right, title, or interest in this Site or the Content to you, and the Company and its third-party licensors retain all of their respective Intellectual Property Rights in and to the Site and Content. (b) Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of the Company. In addition, you shall not use any data mining, robots, or similar data gathering and extraction methods in connection with this Site. (c) This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. (d) Display of an item on the Site does not guarantee that an item is currently in stock or that it will be available on the Site when you visit again. Some merchandise featured on the Site may be available only in limited quantities or only while supplies last. Furthermore, a reference to a product or service on the Site does not imply that such product or service is or will be available in your location or physical stores. (e) Certain materials on this Site may be furnished by third parties, including any advertisements. Certain product, service, or company designations for companies other than the Company may be mentioned on the Site for identification purposes only. Third-party trademarks, trade names, logos, product or service names contained on this Site are the trademarks, registered or unregistered, of their respective owners. (f) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, to any of our intellectual property or any third party's intellectual property. Any rights not expressly granted herein are reserved.

2. User Conduct You may not use the Site or Content for any purpose that is unlawful or prohibited by these Terms. By using this Site, including all Content and services available through it, you agree that you shall not: (a) delete, modify, hack, or attempt to change or alter any of the Content on the Site; (b) use any device, software, or routine capable of damaging or otherwise interfering with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site; (c) use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site; (d) use any Company names, service marks, or trademarks without our prior written consent, including without limitation, as metatags, search engine keywords, or hidden text; (e) use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; (f) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; (g) create a false identity for the purpose of misleading others; (h) provide false information on your account registration form or impersonate someone else; (i) publish, post, upload, distribute, or disseminate any inappropriate, profane, obscene, indecent, or unlawful topic, name, material, or information; or (j) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party.

3. Permissible Use Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit, and print the Content available on this Site subject to the following conditions: (a) the Content is used solely for personal, non-commercial informational, or internal business purposes; (b) the Content is not provided, sold, licensed, or leased (nor is access provided to the Content) for any fee or other consideration; (c) all copyright, trademark, and other proprietary rights notices included in the Content as presented on this Site appear on all copies; (d) the Content is not modified or altered in any way; and (e) no graphics are used separately from accompanying text.

You may also link or hyperlink to the Site from any Acceptable Site (as defined below), but only if: (i) you do not frame the Site or any portion of the Site; (ii) the hyperlink to the Site is not used in a way that suggests that the Company endorses you or your website; (iii) the link to the Site is not used or presented in any way that disparages the Company or tarnishes, blurs, or dilutes the quality of the Company's names or trademarks or any associated goodwill; and (iv) the link to the Site is not displayed on any web page that displays objectionable content or links.

An "Acceptable Site" means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio, or video, that: (A) islibelous or defamatory, pornographic, sexually explicit, unlawful, or plagiarized; (B) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically, or otherwise objectionable or offensive in any way; (C) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech; or (D) violates or encourages others to violate any applicable law.

4. Order Acceptance The Site may provide an invitation for you to make us an offer to buy the items described. When you submit an order, it constitutes an offer to us, which we accept only by shipping the item(s) ordered. Internet orders generate an automatic order confirmation email. These automatic order confirmation emails do not constitute our acceptance of the offer, and we reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Without limiting the foregoing, we reserve the right to refuse or cancel any order placed using any coupon, discount, or promotion code that is erroneous in any way and/or was not distributed to you, as evidenced by the Company's records. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, errors or problems with the coupon, discount, or promotion code used at checkout, or problems identified regarding your credit information. We may also require additional verifications or information before accepting any order. In the event that the Company is unable, in accordance with standard common courier policies or due to supply shortage for any reason, to effect delivery at the address provided by you within thirty (30) days of shipment, the Company may elect to cancel your order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge less shipping and handling charges, if applicable.

5. Accounts and Passwords Certain features or services offered on or through the Site may require you to open an account (including setting up a username and password). You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify the Company immediately of any unauthorized use of your account or password. You may not use the account, username, or password of any other individual or company at any time without the express written permission and consent of the holder of the account, username, or password. The Company will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Modifications To Terms The Company may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site.

7. Termination of Site/Modifications To Site The Company reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1-4 and 6-20 of these Terms shall survive any termination. The Company may also impose limits on certain features and services, restrict your access to parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. The Company may alter, suspend, or discontinue the Site in whole or in part at any time and for any reason, without notice. You acknowledge and agree that the Company will not be liable to you or any third party in the event that the Company exercises its right to modify or terminate access to the Site or portions of the Site.

8. Your Privacy The Company will treat any information it collects from you through this Site in accordance with its online Privacy Policy (the "Privacy Policy"), which is hereby incorporated by reference. Please review the Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Site.

9. Copyright Infringement In accordance with the Digital Millennium Copyright Act ("DMCA"), the Company has designated an agent to receive notifications of alleged copyright infringement associated with the Site. The Company will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at info@metagavetequila.com or through the address set forth at the end of this page. When notifying the Company of the alleged copyright infringement, please include all of the followinginformation:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed; (b) identification of the copyrighted work alleged to have been infringed; (c) a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site; (d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address; (e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner's behalf.

If material is believed in good faith by the Company to infringe a copyright or otherwise violate any intellectual property rights, the Company will remove or disable access to any such material.

10. Other Sites, Content, Products, and Services As a convenience to you, this Site may provide links to websites and access to content, products, and services of third parties, including without limitation, the Company's affiliates, advertisers, and strategic partners and other entities with which our connection consists of only a hyperlink ("Linked Sites"). You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. The Company does not author, edit, or monitor these Linked Sites and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by the Company, or vice versa; (b) third-party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third-party services, and your correspondence or business dealings with advertisers other than the Company found on or through this Site.

11. Typographical Errors Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. The Company therefore reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

Prices displayed on the Site are quoted in U.S. currency and are valid and effective only in the United States. Prices are subject to change at any time. In the event that any merchandise or product offered on the Site is mistakenly listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for such products listed at the incorrect price. The Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Company will issue a credit to your credit card in the amount of the incorrect price.

12. Ideas and Data You acknowledge and agree that you may be providing certain feedback, statements, suggestions, and ideas ("Ideas") to the Company, directly or through a third party, in connection with your use of the Site, which the Company may use in future modifications to the Site, multimedia works, and/or advertising and promotional materials relating thereto. In addition, you acknowledge and agree that the Company may have access to certain analytic and demographic data ("Data") with respect to your use of the Site. You hereby assign to the Company any and all right, title, and interest in any Ideas and Data, including but not limited to any copyright, patent right, moral right, and all other intellectual property rights.

You acknowledge and agree that submission of Ideas and Data to the Company, either orally or in writing, will not in any way establish a confidential relationship with the Company, nor will it place the Company in the position of receiving a disclosure in trust. The Company will not be obligated and makes no commitment to treat or maintain Ideas which you submit as confidential. In addition, you do not expect any type of payment or remuneration from the Company for Ideas or Data. You agree that all documents and materials submitted to the Company will become the property of the Company, unless the Company agrees otherwise in writing. No obligation is assumed or may be implied on the part of the Company by receipt or examination of the Idea or Data submission to use the Ideas and Data, compensate you, or otherwise enter into another agreement with you.

13. Disclaimer TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE COMPANY MAKES NO WARRANTY AND EXPRESSLY DISCLAIMS ANY OBLIGATION: (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT THE CONTENT OR ANY SUBMISSION WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR DATA.

14. Limitation of Liability IN NO EVENT SHALL THE COMPANY, ITS EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO ORUSE OF THE SITE, CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SITE, CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES.

15. Indemnification You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, actions, demands, damages, liabilities, costs, or expenses (including, without limitation, reasonable attorneys' fees) arising from: (a) your use of the Site, Content, Materials, Information, Products, or Services; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any applicable law, rule, regulation, or rights of others; or (d) your submissions or any other user content you post or share on or through the Site. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.

16. Governing Law; Jurisdiction and Venue These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Sarasota County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree that any cause of action you may have arising out of or related to these Terms or the Site must commence within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.

17. Waiver and Severability The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall continue in full force and effect.

18. Entire Agreement These Terms, including the Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

19. Assignment These Terms are personal to you and are not assignable, transferable, or sublicensable by you except with the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations under these Terms without consent.

20. Contact Information If you have any questions about these Terms, please contact us at:

Metagave Tequila Corp. 

legal@metagavetequila.com

Last updated: [July 10th, 2023]