Terms of Services

NEXT SPIRITS LLC TERMS OF SERVICE

Welcome to www.tequilatravesuras.com, brought to you by Next Spirits LLC

These Terms of Service, including our Privacy Policy, govern your access to and use of the websites and other digital platforms (including without limitation mobile and other applications) (the “Sites”) and online services (collectively with the Sites, the “Services”) provided by Next Spirits LLC Spirits, or its legal affiliates (“Next Spirits LLC”, “we”, “our” or “us”), including any content, functionality, features, and applications offered on or through the Services to you as a customer or guest.

The Services are directed at and intended for your personal use only if you are of legal age to purchase and consume alcohol and live in the United States. 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 this Site immediately. PLEASE DO NOT USE THIS SITE IF YOU ARE NOT OF LEGAL AGE TO PURCHASE ALCOHOL, LIVE OUTSIDE OF THE UNITED STATES, OR DO NOT AGREE TO THESE TERMS OF SERVICE.

Please read these Terms of Service carefully before you use the Services. By using the Services, you agree to be bound and abide by these Terms of Service and our Privacy Policy (please find links below), which also apply to your use of the Services. If you violate these Terms of Service or our Privacy Policy in any way, your right to access or use the Services is automatically terminated.

Please see the “Agreement to Arbitrate Disputes” and “Disclaimer of Warranties and Limitations of Liability” sections below. These sections contain important information regarding restrictions on your legal rights in any dispute involving the Services, these Terms of Service, or our Privacy Policy.

You understand that we may revise and update these Terms of Service from time to time in our sole discretion. To the extent appropriate, we may seek to provide advance notice before updated Terms of Service become effective. You agree that we may notify you of the updated Terms of Service by posting them on the Services (such as on our Sites), and that your use of the Services after the effective date of the updated Terms of Service (or engaging in such other conduct as we may reasonably specify) constitutes your agreement

to the updated Terms of Service. It is your responsibility to check the Terms of Service posted on the Services periodically so that you are aware of any changes, as they are binding on you.

For purposes of these Terms of Service, “Personal Information” shall have the meaning used in our Privacy Policy.

Acceptable Use and Prohibited Uses

You may use the Services only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Services where you are in breach of these terms.

You agree not to use or access any of the Services:

  • In any way that violates any applicable federal, state, local or international law, rule or regulation (including, without limitation, any intellectual property laws, or laws regarding the export of data or software to and from the United States (“U.S.”) or other countries).

  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose.

  • For the purpose of harming or attempting to harm minors in any way or which is intended to promote alcohol to minors.

  • To deceive or exploit, or attempt to deceive or exploit, anyone in any way, such as by exposing them to inappropriate content or asking for Personal Information, including, without limitation, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

  • To create, solicit, transmit or procure the sending of any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail”, “chain letter”, “spam” or other similar solicitation.

  • To impersonate, attempt to impersonate or falsely imply that you are associated with Next Spirits LLC, a Next Spirits LLC employee, Next Spirits LLC’s URL or domain name, another user or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).

  • In any manner that could disable, alter, overburden, damage or impair the Services, or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm Next Spirits LLC or users of the Services and expose them to liability, including, but not limited to,

by transmitting any worms, viruses, spyware or malware, Trojan horses, time- bombs, keystroke loggers, adware, or harmful programs or any other code of a destructive, malicious, intrusive or disruptive nature.

  • To circumvent or disable any content protection system or digital rights management technology used with any Service; to decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form; to remove identification, or other proprietary notices; or in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.

  • To access data (including user information) through unauthorized means, including by using an automated device, caching, script, bot, spider, crawler or scraper.

  • To send, knowingly receive, upload, download, use or re-use any Next Spirits LLC Content which does not comply with the Content Standards and Content Guidelines.

Your Responsibilities

You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that Next Spirits LLC is not responsible or liable for the conduct of any user. Next Spirits LLC reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others.

Conditions of Use and Acceptable Usage Policy

We may from time to time provide interactive services as part of the Services which may include information and materials uploaded by other users of the Services, including, without limitation, comments and posts, chat rooms and forums, bulletin boards, social content, music mix rooms, image upload features, interactive drinks and recipe functionality and interactive club finder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, and any additional terms that apply which you will need to agree to (e.g. Content Standards and Content Guidelines).

We reserve the right, but are under no obligation to: oversee, monitor, or moderate any interactive service we provide as part of the Services, or any content uploaded by users of the interactive services included as part of the Services.

The views expressed by other users do not represent our views or values and are not endorsed by us. We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards and Content Guidelines.

Uploading Material

Where you submit your own content, images, photographs, recipes, videos, and any other materials (“Your Content”) to the Sites, you hereby give us, and our group companies and business partners, a non-exclusive license to display Your Content on the Sites, and to use Your Content for our own purposes (including for our own promotional purposes), and to allow other users to view, interact with, share and download Your Content. You acknowledge that given the nature of the Sites, Your Content will be publicly visible and may be shared by third parties, and that even if you delete Your Content from the Sites, it may still be visible to third parties who have already interacted with or shared Your Content. You shall ensure that you have all relevant permissions, rights and licenses to publish Your Content on the Sites. You should not include any personally identifiable information about yourself or any other person in Your Content. We reserve the right, but not the obligation, to remove any of Your Content that contains personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Sites.

Your Content that you upload to our Sites (including interactions with other users) must comply with our Content Standards and Content Guidelines.

Any material you upload to our Sites will be considered non-confidential and non- proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. You represent and warrant that Your Content is original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in Your Content have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non-commercial, promotional, or other purpose.

We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Sites.

We are not responsible for maintaining your postings and we may delete or destroy them at any time.

Content, information, and materials posted by users to the Sites are not endorsed by us. It is your responsibility to evaluate and confirm the accuracy of information provided by other users on or through the Sites. The opinions expressed by users on the Sites are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials by users on the Sites. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Services.

We have the right to remove any material or posting you make on our Sites if, in our sole opinion, such material does not comply with our Content Standards and Content Guidelines. Please note that offenders may be reported and blocked from participating on the page.

If you do come across a comment on our page that you consider inappropriate, please report this.

Content Standards

Any and all material which you contribute to our Site must comply with the spirit, as well as the letter, of the following content standards (the “Content Standards”) and our Content Guidelines where applicable. These Content Standards apply to each part of any contribution as well as to its whole.

Your contributions must:

  • Be accurate (where they state facts).

  • Be genuinely held (where they state opinions).

  • Comply with applicable law in the US and in any country from which they are posted.

Your contributions must not:

  • Contain any material which is unlawful, obscene, offensive, hateful or inflammatory.

  • Contain sexually explicit material or sexually suggestive text or pictures.

  • Harm, or attempt to harm, minors in any way.

  • Be targeted at an under legal drinking age audience.

  • Encourage, condone, promote or glamorize under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving.

  • Encourage, condone, promote or glamorize smoking, illicit drugs, or other irresponsible activities.

  • Promote violence.

  • Use swear words or language that may offend or be considered inappropriate.

  • Contain any material or engage in activities which are indecent, demeaning or insulting or would cause offence to others on grounds of gender, race, religion, creed, nationality, culture, disability, sexual orientation or age.

  • Infringe any copyright, database right, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or proprietary rights of any other person.

  • Be likely to deceive any person.

  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  • Promote any illegal or immoral activity.

  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

  • Be likely to harass, upset, embarrass, alarm or annoy any other person.

  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

  • Give the impression that they emanate from us, if this is not the case.

  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

  • Disclose any personally identifiable information about yourself or any other party (e.g., telephone number, geographic address, or any other information from which an individual’s identity or contact information can be derived).

  • Cause any nuisance by your use of the Sites or causing the operation of the Site to be jeopardized or impaired.

  • Threaten or encourage bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability.

  • Create, host, or transmit unsolicited advertising material to other users;

  • Create, host, or transmit any material that harasses another.

  • Make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like.

  • Add, remove, or modify identifying network header information or copyright management information, including author names, publication dates, or clearance agency names, in an effort to deceive or mislead.

  • Access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems.

  • Collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data.

  • Do any activity which adversely affects the ability of other people or systems to use the services or the Internet generally, including, without limitation, flooding and hacking.

  • Resell, repurpose, or redistribute any intellectual property provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorized to use.

  • Disclose any personally identifiable information about yourself or any other party (e.g. telephone number, geographic address, or any other information from which an individual’s identity or contact information can be derived).

  • Use the name, photos, or audio/video of any person or organization if they have not given you express permission to use and post them on the Sites.

  • Violate the terms of use associated with an Interfacing Site.

This list only serves to provide examples and is not meant to be an exhaustive list of unacceptable uses of the Sites or Services that may result in the restriction, suspension, or termination of your use of the Sites or Services. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding online conduct and acceptable content.

Content Guidelines for Alcohol Responsibility

Your Content which You contribute to the Site must comply with these content guidelines (the “Content Guidelines”).

Your Content must adhere to the following:

  • Anyone whose image or video is featured should be 25+ in age and their express consent must be sought.

  • No child/minor even in the background.

  • Do not use or show personalities or celebrities, cartoon characters or images, music or any references that primarily appeal to persons below the legal age for consuming alcoholic beverages in the country or other territory in which you are located (e.g., Santa Claus).

  • Do not reference names of, or website links to, legal entities and/or individuals that hold on-trade or off-trade alcohol beverage licenses in the US (“references” include, but are not limited to, statements, photographs, and videos).

Content should not display or condone:

  • Activities that reward or encourage excessive or irresponsible consumption of alcohol, including but not limited to; underage consumption, drinking games, rapid or unsafe drinking, overconsumption, drunk driving.

  • Aggression or unruly, irresponsible, or anti-social behavior or link alcohol with brave, tough or daring people or behavior.

  • Illicit drugs.

  • Rewarding oneself with alcohol, or consuming alcohol as a way to escape from something or overcome boredom, loneliness or other problems.

  • Glamorizing the consumption of alcohol itself or presenting alcohol as a key component of the sexual, social, professional, educational, or athletic success or popularity.

  • Consumption of alcohol having any medical or therapeutic effect.

  • Any activities or locations in which drinking would be unsafe or unwise; sport, violent behaviors (or games), dangerous environment/situations (e.g., water activities or driving any vehicle).

Alcoholic products/cocktails – Please endorse responsible consumption of alcoholic products and cocktails, and:

  • Generally, advocate responsible drinking.

  • Show controlled handling, pouring and serving of alcohol.

  • We recommend you create cocktails with each serving containing a maximum of 1.5 ounces (or 45ml) of alcohol at 40% ABV or equivalent (for example 3 ounces of alcohol at 20% ABV).

  • We encourage you to create cocktails with lower ABV and cocktails without alcohol.

  • We recommend you use ounces and ml measurements in your recipes.

  • Avoid showing plastic straws.

This list only serves to provide examples and is not meant to be an exhaustive list.

For more on alcohol responsibility please visit http://www.responsibledrinking.org/ and https://www.responsibledrinking.eu/ or any official local alcohol responsibility site.

Communications

You agree to receive email from us for customer service-related purposes and for other purposes contemplated by these Terms of Service and our Privacy Policy.

Electronic Notices. By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.

Product and Service Purchases and Promotions

Making Purchases. If you wish to purchase products or services described on the Services (each such purchase, a “Transaction”), you will be asked by Next Spirits LLC or the third party provider of the product or service to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be treated by Next Spirits LLC in the manner described in our Privacy Policy, which can be found at Privacy Policy. You agree that all

informationthatyouprovidetoNextSpiritsLLCorsuchthirdpartyproviderwillbeaccurate,current and complete.You agree to pay all charges incurred by you or any users of youraccount details and credit card (or other applicable payment mechanism) at the price(s) ineffectwhensuchchargesareincurred.Youwillalsoberesponsibleforpayinganyapplicable taxes relating to your purchases.YOU REPRESENT AND WARRANT THAT YOUHAVETHELEGALRIGHTTOUSEANYCREDITCARD(S)OROTHERPAYMENTMEANSUSEDTO

INITIATE ANY TRANSACTION. By submitting such information, you grant Next Spirits LLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Descriptionsorimagesof,orreferencesto,productsorservicesontheServicesdonotimplyNextSpiritsLLC’sendorsementofsuchproductsorservices.Wereservetheright,withoutpriornotification,tochangesuchdescriptionsorreferences;tohonor,orimposeconditionsonthehonoringof,anycoupon,couponcode,promotionalcodeorothersimilarpromotions; to bar any user from making any or all Transaction(s); to limit the orderquantity on any product or service; and/or to refuse to provide any user with any productor service.Verification of information applicable to a purchase may be required prior toNext Spirits LLC’s acceptance of any order.Price and availability of any product or servicearesubjecttochangewithoutnotice.RefundsandexchangeswillbesubjecttoNextSpiritsLLC’srefund and exchange policies then in effect.

Promotions. From time to time, we may offer sweepstakes, surveys, contests and other promotional events in which you may choose to participate (“Promotions”). By participating in any such Promotion, you become subject to those rules, which may vary from these Terms of Service. You should carefully review the rules, if any, of each Promotion in which you participate through the Services. These Terms of Service will remain in full force and effect as long as you remain a user of the Services. To the extent there is a conflict between these Terms of Service and the rules of the Promotion in which you choose to participate, the Promotion rules shall govern.

User Information

InthecourseofyouruseoftheServices,youmaybeaskedtoprovidepersonallyidentifiableinformation to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

In circumstances where you provide us with personally identifiable or other information relating to any third parties, you warrant that you have received that third party’s consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy Policy and any uses we may make of such information.

Intellectual Property

All intellectual property and data base rights, in the Services, and in all material and content published by us, including, but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface, and website structure) (“Next Spirits LLC Content”) are owned by us, our subsidiaries, affiliate companies and/or any of our partners. Next Spirits LLC Content is protected by intellectual property, copyright, trademark, patent, trade secret and other laws, and, as between you and Next Spirits LLC, Next Spirits LLC owns and retains all rights in Next Spirits LLC Content and the Services.

Except as provided in these Terms of Service, the use of the Services does not grant you any rights, title, interest or license to any Next Spirits LLC Content you may access as part of the Services. You are entitled to use the Next Spirts LLC Content for the sole purpose of the use of the Services, and you may not use the Next Spirits LLC Content for any other purpose not connected with the enjoyment of the Services. You may print a reasonable number of hard copies, and may download extracts, of any page(s) from our Sites for your lawful, personal, non-commercial use.

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Next Spirits LLC Content, and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Next Spirits LLC Content without the prior written permission of Next Spirits LLC.

You must not use any part of the Next Spirit LLC Content in our Services for commercial purposes unless expressly permitted by us and/or, where applicable, from the relevant owner.

Monitoring and Enforcement; Termination

We have the right:

    • To modify or terminate the Services for any reason, without notice, at any time, and without liability to you.

    • To refuse, terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms of Service. Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.

    • To remove, edit, block and/or monitor content on the Services containing materials that we determine in our sole discretion violate these Terms of Service.

Linking to the Services

You may link to our Site homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior express written consent.

The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms of Service.

We may disable any social media features and any links at any time without notice in our sole discretion.

Links on Our Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Services Content

We may update the content in our Services from time to time, but it will not necessarily be complete or up-to-date. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material.

You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.

Although it is Next Spirits LLC’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

Next Spirits LLC reserves the right to remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by Next Spirits LLC, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.

Copyright Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Services infringe your copyright, you (or your agent) may send Next Spirits LLC a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed.

    • Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);

    • Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Next Spirits LLC to locate the material on the Services.

    • Your name, address, telephone number and email address (if available);

    • 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; and

    • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Next Spirits LLC a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent to concierge@tequilatravesuras.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

Suggestions and Submissions

We appreciate hearing from our users and welcome your comments regarding the Services. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:

    • own, exclusively, all now known or later discovered rights to the creative ideas.

    • not be subject to any obligation of confidentiality and not be liable for any use or disclosure of any creative ideas; and

be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial, or otherwise, without compensation to you or any other person.

Agreement to Arbitrate Disputes

Any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, including all arbitrability questions and questions regarding their existence, validity or termination, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by one arbitrator. The parties shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days after the commencement of the Arbitration, the appointment shall be made by the AAA.

The place, or legal seat of arbitration, shall be New York, New York, and the language of the arbitration shall be English.

You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons.

The arbitrator shall award the prevailing party, if any, as determined by the arbitrator, its reasonable costs, including reasonable attorneys’ fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party, unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

Governing Law

Should any dispute or controversy arise out of or relating to these Terms of Service, the Privacy Policy or the Services, it shall be subject to the jurisdiction and venue of the state and federal courts in New York County, New York, and shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

Reliance on Information Posted

Commentary and other materials posted on our Sites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our Services, or by anyone who may be informed of any of its contents.

YoushouldalwaysverifyanyinformationsetforthontheSiteswithindependentauthoritiesbefore acting or relying on it. It is your responsibility to use virus-checking software on anymaterial downloaded from the Sites and to ensure the compatibility of such software withyour equipment.

We may help connect users offering their services (such as bar tending, service staff, mixology services) (“User Services”) with other users seeking to use such User Services. We do not vet or scrutinize any content offering User Services. You acknowledge that we do not supervise or monitor or moderate users offering User Services, and that we do not offer User Services. You agree that we are not liable or responsible in any way for User Services and that we do not endorse or recommend any particular User Services. Nothing in our relationship or these terms shall create any employment, agency, joint venture, partnership or other relationship between you and Next Spirits LLC. We accept no responsibility for any liability arising in relation to the offer or receipt of any User Services and it is your responsibility to enter into contracts with other users as necessary to regulate such User Services. You confirm that have all licenses, qualifications and experience necessary to offer any User Services advertised or offered by you.

We may help you register or attend events organized by other members and connect with other members at such events. You agree that we are not responsible for such events, nor are we responsible for the conduct of other attendees at such events.

Disclaimer of Warranties and Limitations of Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. Although we take reasonable steps to secure the site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the site will be safe from

unauthorized access or use. If you are dissatisfied with the site, your sole remedy is and shall be to discontinue using the site.

Violation of these Terms of Service may, in Next Spirits LLC’s sole discretion, result in termination of your use of the Services. You understand and agree that Next Spirits LLC cannot and will not be responsible for the content posted on the Services and you use the Services at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for Next Spirits LLC, we can stop providing all or part of the Services to you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXT SPIRITS LLC OFFERS THE SERVICES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

NEXT SPIRITS LLC DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT NEXT SPIRITS LLC’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OF OR DOWNLOADING MATERIAL FROM THE SERVICES.

NEXT SPIRITS LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE NEXT SPIRITS LLC CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE.

YOUR USE OF THE SERVICES AND THEIR CONTENT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL NEXT SPIRITS LLC, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE EQUITY HOLDERS, OWNERS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, LENDERS, ADVISORS, SPONSORS, VOLUNTEERS, INSURERS, AGENTS, ATTORNEYS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE “NEXT SPIRITS LLC PARTIES”), BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE NEXT SPIRITS LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,

COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).

NEXT SPIRITS LLC DOES NOT ENDORSE, APPROVE OR VERIFY ANY POSTED CONTENT ON THE SERVICES, AND THE NEXT SPIRITS LLC PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE SERVICES, INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.

FOR NEW JERSEY RESIDENTS: Notwithstanding any term herein, these Terms of Service do not limit your rights or our obligations under any applicable statute or law, including types and amounts of recovery; nor do they excuse us from any duty to avoid causing harm by means of gross negligence, recklessness or intentional misconduct; nor do they disclaim our duty of care to our invitees; nor do they require you to defend and indemnify us in the event that any loss is caused by our negligence.

Indemnification

You hereby indemnify us and our officers, directors, agents, employees, and representatives against any loss, damage, or cost arising out of your use of the Services, any of its services, or any information accessible over or through the Sites, including information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Sites or Interfacing Sites, or your violation of these Terms of Service, the terms of use of Interfacing Sites, or any other laws, regulations, and rules. You also hereby indemnify us and our officers, directors, agents, employees, and representatives against any claims that any information or material you have submitted or will submit to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in any such defenses.

Export Controls

To the extent that software or technical data is accessible through the Sites, such software or technical data may be subject to export, re-export, and/or import controls imposed by the United States or any other jurisdiction, and may not be downloaded or otherwise exported or re-exported in violation of the laws of any applicable jurisdiction including, but not limited to: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (b) anyone on the

U.S. Treasury Department's Specially Designated Nationals list, or (c) in violation of the U.S. Commerce Department's Table of Denial Orders.

Waiver and Severability

No waiver of or by Next Spirits LLC of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Next Spirits LLC to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

Entire Agreement

These Terms of Service, including our Privacy Policy, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, warranties, agreements, statements, and understandings, both written and oral, of any sort whatsoever between us regarding the Services. To the extent that software is available through the Sites, such software may be subject to a license agreement that is distributed or included with such software, and you agree to abide by the conditions of use of any such license agreements. We may, at our option, cede, assign, or otherwise transfer any or all of our rights and obligations under the Terms of Service to any third party or parties at any time.

Your Comments and Concern

If you have any questions or concerns regarding this Terms of Service, please feel free to contact Next Spirits LLC. You can reach us at concierge@tequilatravesuras.com or by mail at the following address:

Next Spirits LLC 1851 NE 146 ST

North Miami Beach, FL 33181

We will be happy to assist you with any inquiries or issues you may have.