Terms & Conditions

Welcome to the Agave Tasting Club Terms & Conditions of Use for the Site (as defined below). Your use of the Site is subject to these terms and conditions along with any specific terms and conditions set forth on the individual pages within or parts of the Site (collectively, the “Terms & Conditions”) and all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights.

The term “Site” refers to AgaveTastingClub.com and any other website, app or platform owned, operated, or licensed by Agave Tasting Club that displays these Terms & Conditions (or a link to them). The Site may include websites, mobile websites, and other Internet-enabled or wireless means by which we make content available to you or receive content from you, including, without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile and tablet applications, content and blog submission services, chat rooms, and message boards).

The Site offers information on products managed, franchised, owned, licensed, or developed by Agave Tasting Club as well as information about third-party relationships that Agave Tasting Club has or that are part of the Agave Tasting Club membership program.

As used throughout the Site, including these Terms & Conditions, the terms “Agave Tasting Club,” “ATC,” “the Company,” “our,” “we,” “us,” and other similar terms may refer to one or more of Agave Tasting Club, LLC, or one or more of their direct or indirect subsidiaries or affiliates. These terms are used for convenience only and are not intended as a precise designation of any one particular entity.

PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY ACCESSING THE SITE (AND/OR DOWNLOADING OR USING A MOBILE APPLICATION OFFERED BY Agave Tasting Club), YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Site at any time without notice other than by posting amended terms to the Site. Your continued use of the Site means that you accept and agree to the revised Terms & Conditions. If you do not accept these Terms & Conditions (as amended from time to time), please exit the Site immediately.

General

Access: Agave Tasting Club membership is an annual subscription that entitles you to receive a welcome kit and access to purchase limited releases through our fulfillment partner.

Release Purchase: Membership does not guarantee the right to purchase any specific release. All releases are sold on a first come, first served basis and are subject to availability. Some releases may sell out before all members have the opportunity to purchase.

Refunds: Membership fees are non-refundable. The welcome kit ships once payment is confirmed. Release availability, pricing and timing are determined at the sole discretion of Agave Tasting Club.

Age requirement: You must be 21 years of age or older to join the Agave Tasting Club and to purchase alcohol. By completing this purchase, you acknowledge that you are of legal drinking age and that it is legal for you to purchase and receive alcohol in your state. Agave Tasting Club is not available in all states. Please enjoy responsibly.

Purchases: All spirits purchases are made exclusively through our fulfillment partner, SipTequila.com, and are subject to their terms of service and applicable state laws. Agave Tasting Club is not the seller of record for alcohol.

Reselling: The reselling of Agave Tasting Club spirits is prohibited. Reselling Agave Tasting Club spirits will result in the cancellation of any Agave Tasting Club existing membership without refund. Individuals that resell any ATC spirit will also be permanently banned from the Agave Tasting Club site on our partner’s website.

Use of Cookies

PLEASE NOTE: The Site may use various types of cookies and related technologies to provide certain functionality on the Site. General information about cookies and related technologies and how they work is available at allaboutcookies.org.

Use of the Site

General; You may only use the Site if you are at least twenty-one (21) years of age and can form legally binding contracts under applicable law. The Site is not intended for and should not be used by minors. Please note that additional terms and conditions may apply to purchases, transactions, uses, or activities that may occur on or through the Site. You agree to comply with these Terms & Conditions and any other applicable additional terms and conditions disclosed on the Site or in connection with your use of the Site. You agree by using this Site that you are responsible for using the most current version made available by ATC and that ATC is not responsible for any issues arising due to your use of anything other than the most current version of this Site.

Accounts / Passwords / Responsibility: You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by anyone using your account information.

Credit Card Information: The storage of credit card information on the Site (if available) is entirely optional. Saving credit card information may help expedite your membership process in the future and/or allow you to use certain parts of or features in the Site. You will be solely responsible for updating any credit card information that you provide.

ATC’s Right to Cancel / Errors / Mistakes: The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including, without limitation, rates, fees, or availability applicable to your transaction. ATC assume no responsibility or liability for such errors, inaccuracies, or omissions. To the extent permitted by the applicable law, ATC shall have the right not to honor memberships or information affected by such errors, inaccuracies, or omissions and/or make changes, corrections, cancellations, and/or improvements to such information based on such information, at any time, including after confirmation of a membership.

Promotional Information: The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions and if purchased via the Site, these Terms & Conditions. Please refer to and read carefully the terms, conditions and restrictions of each membership offer. ATC reserves the right to alter or withdraw any membership offer at any time without notice. Each membership offer is void where prohibited by law.

Prohibited Uses: Any commercial use of the Site is expressly prohibited unless you have obtained prior written consent from Agave Tasting Club. You may not use the Site to post or transmit any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere with or disrupt the Site, (b) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor, scrape, or copy the Site, or any information contained therein, without ATC’s prior express written consent, (d) use any device, software, or other instrument to monitor, copy, disrupt, alter, destroy, impair, restrict, tamper, interfere with, or attempt to interfere with the Site, its content, or its operation without ATC’s prior express written consent, or (e) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, systems or the Site.

Privacy & Confidentiality: Your submission of information on the Site to purchase a membership or utilize any other services made available to you on the Site is subject to ATC's privacy policies. Any communications such as searches, questions, comments, suggestions, chats, requests and similar communications submitted by you to ATC are not confidential communications, and ATC shall be free to use, reproduce, publish, distribute, and disclose such communications. ATC is under no obligation to protect such communications from disclosure. ATC may use, reproduce, publish, distribute, and disclose such communications to others without limitation and without any obligations to you. ATC is also free to use for any purpose whatsoever any ideas, concepts, content, techniques, or know-how in such communications without limitation and without any obligations to you. To the extent you own any intellectual property rights in such ideas, concepts, content, techniques, or know-how, by submitting them to ATC, you grant ATC a royalty-free, irrevocable license to use such any such idea, concept, content, techniques, or know-how.

Links: The Site may contain links to other web sites on the Internet and certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. We provide these links solely as a convenience to you. The inclusion of these links in no way indicates ATC’s endorsement, support, or approval of such sites, such site’s content, products, or services, or the operators of any such site. We undertake no obligation to review or monitor any sites linked to or from the Site. Your use of any such site is at your own risk and subject to the terms and conditions of such sites. We are not responsible for the content, products, services, or practices of third-party sites. In addition, you agree not to link your site or any other third-party site to the Sites without ATC’s express prior written consent.

Miscommunications / Lost Transactions: Agave Tasting Club is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Site. ATC is not responsible for any incorrect information associated with any transaction or transmission on or to the Site regardless of whether such incident is the result of user error, system error, or human error.

Availability: The Site is available to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances. The Site contains information on Agave Tasting Club’s worldwide products and services, not all of which are available in every location. 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 at the time you are there. The content of the 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. Each product or service is void where prohibited by law.

Intellectual Property

General / Ownership: Unless expressly stated otherwise, the content included on the Site, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of Agave Tasting Club or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a conventional Internet browser, app, or other platform or device for a particular Site to conduct ordinary Internet or other browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without ATC’s written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Site (or any part of its content) is strictly prohibited.

Copyright: Unless otherwise noted, all content on the Site is the copyrighted property of ATC or its affiliates or licensors. All content of the Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.

General Legal Terms

Severability: If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.

No Waiver: Agave Tasting Club’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.

Forward Looking Statements: Certain statements and assumptions in the Site contain or are based upon “forward-looking” statements or information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. In some cases, you can identify forward-looking statements by the use of words such as “may,” “could,” “expect,” “intend,” “plan,” “seek,” “anticipate,” “believe,” “estimate,” “predict,” “potential,” “continue,” “likely,” “will,” “would,” and variations of these terms and similar expressions, or the negative of these terms or similar expressions. Forward-looking statements included in the Site are made only as of the date of their initial publication, and we caution you not to place undue reliance on any forward-looking statement. We do not undertake or assume any obligation to update publicly any forward-looking statement to reflect actual results, new information or future events, changes in assumptions, or changes in other factors affecting forward-looking statements, except to the extent required by applicable law. If we update one or more forward-looking statements, no inference should be drawn that we will make additional updates with respect to those or other forward-looking statements.

Contact

If you have any questions or concerns regarding the Site, please visit the contact us page. As noted in the Privacy & Confidentiality section above, any communication or material transmitted to us via the Site or Internet e-mail is transmitted on a non-confidential basis.