Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Agave Americano, part of Agave Fans LLC ("we," "us," or "our"), concerning your access to and use of the [AgaveAmericano.com] website as well as any other media form, media channel, social media, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of the Terms of Service.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

3. User Representations

By using the Site, you represent and warrant that:
  • All registration information you submit will be true, accurate, current, and complete.
  • You will maintain the accuracy of such information and promptly update such registration information as necessary.
  • You have the legal capacity and you agree to comply with these Terms of Service.
  • You are not a minor in the jurisdiction in which you reside.
  • You are of legal age to consume alcohol in the jurisdiction in which you reside.
  • You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
  • You will not use the Site for any illegal or unauthorized purpose.
  • Your use of the Site will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

5. Contribution License

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise.

6. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

7. Governing Law

These Terms shall be governed by and defined following the laws of The United States of America. Agave Americano, part of Agave Fans LLC, and yourself irrevocably consent that the courts of The United States of America shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

8. Dispute Resolution

Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

9. Contact Us

If you have any questions about these Terms of Service, please contact us at: a.agavefan@gmail.com.