Terms and Conditions | Curation Bev Co

Curation Beverage Company Website Terms and Conditions

Last updated: January 1, 2023

Contents:

• Intellectual Property Ownership
• Limited Use; Restrictions on Use
• Social Media Sites and Third-Party Links
• Submitted Ideas
• Community Guidelines
• No Archive
• United States Only
• Disclaimers
• Warranties; Limitation of Liability
• Digital Millennium Copyright Act
• No Framing; Links; Third Party Sites
• Ability to Accept Terms and Conditions
• Assignment
• Notice
• Binding Arbitration
• Miscellaneous

Thank you for visiting our website or mobile application on which these Terms and Conditions reside (collectively, the "Platform"), which is owned and provided by Curation Beverage Company, LLC (including its affiliates, "Curation Bev Co"). Your use and access to the Platform are governed by and subject to the following Terms and Conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy, please do not use the Platform or any services offered by the Platform. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BINDING ARBITRATION AND WAIVER OF A RIGHT TO JURY TRIAL, AND YOU REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THIS WEBSITE.

Intellectual Property Ownership

• Unless otherwise noted, all text, content, and documents on the Platform, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Platform, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Platform (the "Content") are owned by Curation Bev Co (or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the "Owner") and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. As between Curation Bev Co and you, all rights, titles, and interests in and to the Content will always remain with Curation Bev Co and/or its Owners. All brand names, product names, titles, slogans, logos, service names, or other marks used on the Platform are registered and/or common law trade names, trademarks, or service marks of Curation Bev Co.

Limited Use; Restrictions on Use

• You are permitted to use the Content and/or any services and products on the Platform for lawful purposes as provided in the Terms and Conditions only; any other use or misuse of any Content is strictly prohibited. Curation Bev Co grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Content, without the right to sublicense, under the following conditions: you shall not, without Curation Bev Co’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of Curation Bev Co in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Platform, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Curation Bev Co, the Owner, or any third-party referenced therein. Curation Bev Co reserves all other rights. You shall not alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends, or any other notice included in the Content. Except as expressly provided herein, nothing on the Platform shall be construed as conferring any license under Curation Bev Co’s and/or its Owner’s intellectual property rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, Curation Bev Co may revoke any of the foregoing rights and/or your access to the Platform, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

Social Media Sites and Third-Party Links

• From time to time, the Platform may include features and functionality that allow you to interact with other sites that are not under our control ("Linked Site"), including various social media websites ("Social Media Sites"). Curation Bev Co provides these features, functionality, and links to you as a convenience and does not endorse any Linked Sites or Social Media Sites. Curation Bev Co is not responsible for the contents or transmission of any Linked Site or Social Media Site or the terms of use or privacy practices of any Linked Site or Social Media Site. You should carefully read the policies of any site you visit. Also, if you use any Social Media Site to comment upon Curation Bev Co or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with Curation Bev Co (if any) or any consideration you may receive from Curation Bev Co in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding Curation Bev Co or any of its products on any Social Media Site, regardless of any material connection you may have with Curation Bev Co or your receipt of any consideration. IF YOU MAKE ANY CLAIM REGARDING CURATION BEV CO OR ANY OF CURATION BEV CO’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT CURATION BEV CO, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.

Submitted Ideas

• While Curation Bev Co appreciates your interest, we expressly request that you do not submit any ideas, suggestions, concepts, techniques, procedures, methods, systems, designs, plans, charts, or similar materials (collectively “Submitted Ideas”). We ask that you never submit an idea that you consider confidential and/or proprietary. All Submitted Ideas disclosed or offered to us by you shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of Curation Bev Co. Further, you understand and acknowledge that Curation Bev Co employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submitted Ideas and that Curation Bev Co is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that Curation Bev Co assumes no obligation of confidentiality or nondisclosure, express or implied, by considering your Submitted Ideas. Without limitation, Curation Bev Co shall be entitled to unrestricted use of the Submitted Ideas (in whole or in part and including, without limitation, any derivations thereof) for any purpose, commercial or otherwise, without any form of compensation.

Posting Policy

• Community Guidelines—In addition to links to Social Media Sites, the Platform itself may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with the Curation Bev Co relevant sections of the Social Media Sites, the "Community Forums"). If the Platform includes any Community Forums, the restrictions, and obligations contained in this Section shall apply.

• Curation Bev Co shall monitor the Community Forums regularly for any readily apparent violations of these Terms and Conditions or illegal content. Notwithstanding the foregoing, you acknowledge that Curation Bev Co is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum.

• You acknowledge that any opinions, statements, recommendations, offers, advice, or other information presented or disseminated on the Community Forums are those of their respective authors, who are solely responsible and liable for their content. In its sole discretion, Curation Bev Co reserves the right to refuse to post or remove any material submitted or posted on the Community Forums.

• By using this site, you: (a) authorize Curation Bev Co to collect and store any comments, images, or other content that you upload, post, or submit ("Submissions") on our servers and systems per our Privacy Policy, (b) grant Curation Bev Co an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Submissions for any purpose whatsoever, including but not limited to incorporating the Submissions into Content that may be commercial in nature. In addition, since information on this site is public and for every user to access, you acknowledge that you do not have any expectation of privacy about your Submissions. Finally, you are expressly prohibited from submitting any of the following ("Prohibited Submissions"):

• Any Submission that promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

• Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national, or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

• Any Submission that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party;

• Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

• Unsolicited promotions, political campaigning, advertising, or solicitations;

• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;

• Viruses, spyware, trojans, corrupted data, or any other harmful, disruptive, or destructive files; or

• Any Submission that, in our sole judgment, is inappropriate or objectionable or restricts or inhibits any other person from using or enjoying the Site or may expose Curation Bev Co or its affiliates or its users to any harm or liability of any type.

No Archive

• Even if this Platform includes features and functionality that permit you to upload certain Submissions to our services or systems, this Platform is not and shall not function as an archive. Curation Bev Co shall have no liability to you or any other person for your submission's loss, damage, or destruction. You shall be solely responsible for maintaining independent archival and backup copies of any Submission.

United States Only

• This Platform is intended only for users in the United States. By using the Platform, you agree and acknowledge that the Platform is hosted in the United States and that data collected through the Platform will be stored and processed in the United States. Please be advised that through your continued use of this Platform, which is governed by U.S. law, these Terms and Conditions, and the Curation Bev Co Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of Colorado concerning any dispute arising from or related to the Privacy Policy and/or your use of the Platform, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado, and (c) the exclusive jurisdiction of the courts of the United States and the State of Colorado.

Disclaimers

• Curation Bev Co reserves the right to change any part of the Platform at any time without notice, subject to the “NOTICE” provision set forth below.

• Warranties, Limitation of Liability — THIS PLATFORM IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE CONCERNING THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. Neither Curation Bev Co its affiliates nor any of their respective officers, directors, agents, or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of (or inability to use) the Platform, or arising out of any action taken in response to or as a result of any Content or other information available on the Platform, however, caused, whether based on breach of contract, tort, proprietary rights infringement, product liability or otherwise—except in the event Curation Bev Co fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent. The preceding shall apply even if Anheuser-Busch was advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE PRECEDING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS. If you become dissatisfied with the Platform Terms and Conditions or Privacy Policy, your sole and exclusive remedy are to stop using the Platform and its services. You hereby waive any claims against Curation Bev Co and its affiliates, agents, representatives, and licensors arising out of your use of the Platform—except if Curation Bev Co fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent.

Digital Millennium Copyright Act

• Curation Bev Co is committed to respecting and protecting the legal rights of copyright owners. As such, Curation Bev Co adheres to the following notice and takedown policy in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (i) be provided to Curation Bev Co’s designated agent ("Copyright Agent"), as set forth below, and (ii) include the following:

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if a single notification, a representative list of such works, covers multiple copyrighted works at a single online site;
- Identification of the material claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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, under penalty of perjury, the information in the notification is accurate, and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

• Curation Bev Co’s Copyright Agent to receive DMCA Takedown Notices is email: trademarks@curationbevco.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Platform. You acknowledge that for Curation Bev Co to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

No Framing; Links; Third Party Sites

• Framing, in-line linking, or other methods of association with the Platform are expressly prohibited without prior written approval from Curation Bev Co.

Ability to Accept Terms and Conditions

• You affirm that you are more than 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in the Terms and Conditions and to abide by and comply with the Terms and Conditions.

Assignment

• The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Curation Bev Co without restriction.

Notice

• From time to time, we may revise these Terms and Conditions. To help you stay current on any changes, Anheuser-Busch may take one or more of the following steps: (1) Curation Bev Co notes the date the Terms and Conditions were last updated above, and (2) when Curation Bev Co makes a material change to the Terms and Conditions, we may post conspicuous announcements of such changes on the Platform next to the link to these Terms and Conditions. Your use of the Platform following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised Terms and Conditions. Curation Bev Co strongly recommends checking the Terms and Conditions periodically. If we are required by law to obtain your express consent for any changes to the Terms and Conditions, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.

Binding Arbitration

• Any controversy or claim arising out of your use of the Platform, these Terms and Conditions, and/or our Privacy Policy shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”) in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, by the procedural rules for commercial disputes outlined in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected under the JAMS Rules and Procedures. Please go to www.jamsadr.com for a complete copy of the JAMS Rules and Procedures or to submit an arbitration claim.

• In resolving a claim for arbitration, the arbitrator shall apply Colorado law consistent with the Federal Arbitration Act and applicable statutes of limitations and honor claims of privilege recognized at law. If you can demonstrate that the costs of arbitration will be prohibitive compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis) or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed per its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class, representative, or collective basis or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made unless further extended by mutual agreement of the parties. The arbitrator shall resolve disputes regarding the arbitrability of any claim.

• THE ARBITRATION OF DISPUTES UNDER THIS PARAGRAPH SHALL BE IN YOUR CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

• BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE PRECEDING BINDING ARBITRATION PROVISIONS.

Miscellaneous

• Curation Bev Co’s failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. A printed version of the Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.