Terms of Use


By entering this website www.KimoSabeMezcal.com (the “Website”), which is owned and operated by DWLL, Inc. (("Company," "we," "us," "our"), you agree to be bound by the Terms and Conditions of Use (“Terms of Use”), which shall take effect immediately on your first visit to the Website. Please read the Terms of Use carefully before accessing and using the Website. If you do not agree and accept to the Terms of Use, without limitation or qualification, please immediately exit the Website.

To access and use this Websiteyou must be of legal drinking age in the country where you reside. Please exit this website immediately if you are not of legal drinking age in the country where you reside.
Please exit the Website immediately if: (i) you do not accept these Terms of Use, (ii) are in a territory where the consumption of alcohol is not lawful, (iii) are not of a legal drinking age in the country where you reside, or (iv) are visiting the Website in a country where use of the Website is prohibited.

Changes to Terms of Use:  We may change the Terms of Use from time to time. The most recent version of the Terms of Use will be posted on the Website and replace any prior versions. Your continued use of the Website following the posting of these changes will constitute acceptance of such changes. We also reserve the right to modify the content or access to any feature of the Website at any time.
Accessing the Website:  Access to the Website is allowed on a temporary basis, free of charge, and Company reserves the right to exclude or amend its contents, suspend or terminate the service on the Website at any time without any advance notice. Company shall not be liable for any unavailability of the Website at any time and reserves the right to stop, suspend or interrupt all or part of any information or availability of the Website in its sole discretion.

Intellectual Property Rights:  The Website is owned and operated by Company. The content of the Website, including but not limited to any trademarks, designs, logos, text, images, audio and video materials thereon, is the intellectual property of Company (“Company’s IP”) unless otherwise stipulated in writing. Company’s IP is protected under the laws of the United States of America and other nations around the world, and under international treaties – in particular under copyright and trademark laws. You are not permitted to publish, distribute, transmit online or offline or otherwise use Company’s IP in any way for any public or commercial purpose, without the prior written approval of Company.

Description of the Services:  The Company provides users of the Website with access to content and services related to the Company’s products and concerning alcoholic beverages generally, including without limitation: content such as information, drink recipes, audio and video clips, photographs, graphics, images, text, data, event information, links to third party websites, articles, promotions and interactive features (such content and services, collectively, the “Services”).The Website is designed to appeal to adults. The Company does not knowingly solicit any information from underage persons nor does it knowingly market or otherwise target the Website or its products or services to underage persons.

Promotions:  Any prize draws, contests, or similar promotions made available through this Website may be governed by specific rules that are separate from these Terms of Use. By participating in any such prize draw, contest, or promotion you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. Company urges you to read the applicable rules, if any, which will be linked from the particular activity, which, in addition to these Terms of Use, will govern any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules will control.

Limitation of Liability and Disclaimers:  THE WEBSITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND COMPANY, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE WEBSITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY SOFTWARE OR HARDWARE YOU USE WILL FUNCTION CORRECTLY WITH THE WEBSITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE. COMPANY, ITS GROUP COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE OR SERVICES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES AND (B) DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, SERVICES OR FROM ANY INFORMATION OR MATERIALS ON THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE SERVICES IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY FOR COMPANY, ITS GROUP COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE WEBSITE OR SERVICES.

While we try to maintain the security of the Website, we do not guarantee that the Website will be secure or that any use of the Website will be uninterrupted. It is your responsibility to implement protection with virus checking software (and updating the same) with respect to the Materials viewed and/or downloaded from the Website and to ensure the compatibility of such software with your equipment.

Indemnification: You agree to defend, indemnify, and hold harmless Company and its respective Officers, Directors, Employees, Shareholders or Agents from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees and costs) that arise from your use or misuse of the Website, violation of these Terms of Use or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. 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 at your own expense in asserting any available defenses.

Contact Information. Should you wish to contact Company with any questions, complaints or claims with respect to the Website, email Company at ______________________________________.

Governing Law. These Terms of Use are governed exclusively by the laws of the State of California, without giving effect to its conflict of law rules. The parties further agree that the place of contract and performance of these Terms of Use is Los Angeles, California, USA.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose. Your conduct may be subject to other laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.

Waiver/Severability. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is for any reason held unenforceable or invalid, then these Terms of Use shall be construed as if such provision were not contained in these Terms of Use.

Entire Agreement: These Terms of Use supersede any and all prior agreements, promises, representations, assurances, statements and understandings whatsoever between you and Company.

Do not drink and drive. Do not drink if you are under the legal age. Please remember to always drink responsibly.