Terms of Service

OVERVIEW 
This website is operated by Tolago, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Tolago Hard Seltzer. Tolago, LLC. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties. 
It should be noted that any links to and from this site are provided for your convenience. The sites that you may link to through this website are not part of the Tolago Hard Seltzer website. Should you leave this site via a link contained herein, the content that you view therein is not provided by Tolago, LLC. Accordingly, Tolago Hard Seltzer Company is not responsible for, nor has it developed or reviewed the ever-changing and updated content at, those sites. Tolago Hard Seltzer Company makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered on any third party website, including, without limitation, the accuracy, subject matter, quality or timeliness of such electronic content. The fact that Tolago Hard Seltzer Company may be linked to other sites does not constitute an endorsement or recommendation.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION 
Visitors to this web site who send electronic mail or other input to Tolago Hard Seltzer Company through this website acknowledge that such electronic mail and/or other input can be used by Tolago Hard Seltzer Company for any purpose without compensation to the contributor. In order to prevent any misunderstandings regarding the origin of ideas or concepts, Tolago Hard Seltzer Company cannot accept any ideas or suggestion for its products, merchandise, promotions, advertising, names, designs, artwork, slogans, or any other trademarks. Further, you agree that any ideas, concepts, techniques or other materials that you send to Tolago Hard Seltzer Company may be used by Tolago Hard Seltzer Company for whatever reason without compensation or attribution. Additionally, your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. EVERY EFFORT HAS BEEN MADE TO ENSURE THE ACCURACY OF THE INFORMATION ON THE TOLAGO HARD SELTZER WEB SITE AND TOLAGO HARD SELTZER COMPANY INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER HARMFUL COMPONENTS ON THIS SITE. HOWEVER, TOLAGO HARD SELTZER COMPANY DOES NOT WARRANT THAT ANY OF THE INFORMATION, MATERIALS OR CONTENT ON THE SITE OR FUNCTIONS OF THE WEB SITE ARE ACCURATE, COMPLETE OR ERROR FREE OR FREE OF ANY VIRUS OR OTHER HARMFUL COMPONENTS OR THAT USE OF THE SITE WILL BE UNINTERRUPTED. TOLAGO HARD SELTZER COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY DEFECT IN THE ACCURACY, QUALITY, COMPLETENESS OR TIMELINESS OF THE DATA, INFORMATION OR CONTENT OF THE SITE OR FOR HARM CAUSED BY A VIRUS OR OTHER HARMFUL COMPONENT ON OR DOWNLOADED FROM THIS SITE.

THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION, IS PROVIDED BY TOLAGO HARD SELTZER COMPANY ON AN "AS IS" BASIS. TOLAGO HARD SELTZER COMPANY MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ITS CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, TOLAGO HARD SELTZER COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. TOLAGO HARD SELTZER COMPANY SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO ANY USER AND/OR THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF TOLAGO HARD SELTZER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOLAGO, LLC.'S MAXIMUM LIABILITY IS LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR ANY PRODUCT PURCHASED THROUGH THIS SITE.

SECTION 14 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless Tolago, LLC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION 
Tolago Hard Seltzer Company may terminate or suspend your access to all or part of this web site, without notice, for any conduct that Tolago Hard Seltzer Company, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of Tolago Hard Seltzer Company, another user, a third-party provider, merchant, sponsor or service provider.

SECTION 17 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 18 - GOVERNING LAW 
This site is created and controlled by Tolago, LLC in the Commonwealth of Delaware, USA. As such, any claim relating to this website, the services provided through this website or to these Terms of Use shall be governed by the substantive laws of the Commonwealth of Delaware, without giving effect to any principles of conflicts of law.

SECTION 19 - CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms of Service at any time at this page. 

These Terms of Use represent the entire understanding between you and Tolago, LLC. regarding your relationship with Tolago Hard Seltzer Company and this web site and supersedes any prior statements or representations. In the event that any provision of these Terms of Use, or portion thereof, is determined to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use and the remainder of the Terms of Use shall continue in full force and effect. By accessing this web site, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this page and they will become effective upon posting.

Tolago® Oasis Bound® are registered trademarks of Tolago Hard Seltzer Company

© The Tolago, LLC. The content on this site and/or its compilation or arrangement is the property of Toalgo and/or its content providers, and is protected by U.S. and international copyright laws. Users of this website may not copy, redistribute, or republish the content on this site for any purpose other than individual personal use without the express written permission of Tolago Hard Seltzer Company.

A trademark can be a word, phrase, symbol, or design that distinguishes the source of goods or services. It can also, as trade dress, be the appearance of a product or its packaging. Non-exhaustive list of our registered trademarks are available on the Terms & Conditions pages of each corresponding brand. These marks should not be used in a manner that is likely to cause consumer confusion as to the source of Tolago Hard Seltzer Company products and services. The current trademark of Tolago Hard Seltzer Company is:

Tolago Hard Seltzer®

SECTION 20 - CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at info@tolagohardseltzer.com