VINMESA LLC

TERMS OF USE

Last Modified: June 30, 2026

ACCEPTANCE OF THE TERMS OF USE

VINMESA LLC (referred to as “the Company,” “we,” or “us”) operates an e-commerce retail platform for the sale of physical branded merchandise (the “Platform”). This Terms of Use agreement forms a legally binding contract between you (the registered user, referred to as “You” or “User”) and the Company. This agreement governs your access to and use of our website at www.VINMESA.com and all related products, services, and features (collectively referred to as the “Platform”).

By accessing or using any part of the Platform, you acknowledge that you have thoroughly reviewed, comprehended, and consented to be legally bound by these Terms of Use.

IMPORTANT: PLEASE REVIEW THESE TERMS THOROUGHLY BEFORE USING THE COMPANY’S PLATFORM, AS THEY ESTABLISH A BINDING LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT ACCEPT ALL PROVISIONS OF THESE TERMS OF USE, YOU ARE STRICTLY FORBIDDEN FROM ACCESSING THE PLATFORM AND MUST CEASE ALL USE IMMEDIATELY.

CHANGES TO THE TERMS OF USE

The Company maintains the authority, at its exclusive discretion, to implement revisions or amendments to these Terms of Use at any time and for any purpose. Notice of such modifications will be provided through updates to the “Last Modified” date displayed on these Terms of Use, and you hereby relinquish any entitlement to individual notification of such modifications. You bear the responsibility for regularly reviewing these Terms of Use to remain current with any updates. Your ongoing use of the Platform following the publication of any amended Terms of Use will constitute acknowledgment and acceptance of such revisions, and you will be considered legally bound by the updated terms.

ELIGIBILITY AND AGE REQUIREMENTS

The Platform is designed for customers who are at least twenty-one (21) years of age and are located within the United States, Canada, or Mexico. To use the Platform, you must:

• Be at least twenty-one (21) years of age

• Be physically located within the United States, Canada, or Mexico at the time of use

• Have the legal capacity to enter into a binding agreement under applicable law

• Not be barred from purchasing or receiving products under applicable law

By using the Platform, you represent and warrant that you meet all eligibility requirements. The Company reserves the right to terminate any account if these requirements are not met or if the Company has reason to believe eligibility requirements have not been or are no longer satisfied.

ACCOUNT REGISTRATION AND SECURITY

Account Registration and Approval

Access to the Platform requires the creation of a registered account and approval by the Company. Account registration is not automatically granted; all account applications are reviewed and approved at the Company’s sole discretion. You agree to:

• Provide true, accurate, current, and complete registration information

• Maintain and update your information to keep it accurate and current

• Maintain the security and confidentiality of your login credentials

• Be responsible for all activity that occurs under your account

• Notify us immediately of any unauthorized access or security breach at info@VINMESA.com

Your account is personal to you. Each account is assigned its own unique login credentials. You agree not to share your login credentials or provide others access to the Platform using your account. Sharing account credentials or allowing any other individual to access the Platform through your account is a violation of these Terms and may result in immediate account termination without notice. Account access may not be transferred or assigned to any other individual or entity.

Social Media Login

The Platform permits users to register and log in using credentials from supported social media platforms (currently Google and Facebook). If you choose to register or log in using a social media account:

• You authorize the applicable social media platform to share certain account information with us (such as your name and email address) in accordance with that platform’s terms and your account privacy settings

• You remain responsible for the security of your social media account and for any activity that occurs through your Platform account as a result of access via your social media credentials

• You are responsible for ensuring that your social media account credentials are kept confidential and that unauthorized individuals do not gain access to the Platform through your social media account

• The Company is not liable for any breach, unauthorized access, or loss resulting from the compromise of your social media account credentials

If you disconnect your social media account from the Platform, you may be required to set a direct password for your Platform account to maintain access. The Company is not responsible for any loss of access resulting from your decision to disconnect a social media account.

Account Security Requirements

To protect your account, you must:

• Notify us immediately at info@VINMESA.com of any unauthorized access to or use of your username or password

• Ensure that you exit from your account at the end of each session

• Use particular caution when accessing your account from a public or shared computer or mobile device

We reserve the right to disable any username, password, or other identifier at any time if, in our opinion, you have violated any provision of these Terms of Use.

Platform Availability

We reserve the right to withdraw or amend the Platform, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.

ACCOUNT SUSPENSION AND TERMINATION

The Company reserves the right to suspend or terminate your account immediately and without prior notice under any of the following circumstances:

• Submission of fraudulent or invalid payment information

• Failure to make timely payment for any order or amount due to the Company after notice and a reasonable opportunity to cure (not to exceed five (5) business days)

• Unauthorized use of products purchased through the Platform, including use in violation of any product license or resale restrictions

• Sharing of account credentials or allowing unauthorized third-party access to your account

• Violation of any other provision of these Terms of Use

• Conduct that the Company, in its sole reasonable discretion, determines to be harmful to the Company, other users, or third parties

Suspension or termination of your account does not relieve you of any payment obligations incurred prior to termination. The Company’s determination of grounds for suspension or termination is final and made at its sole reasonable discretion.

PRODUCTS, ORDERS, AND PAYMENT

Physical Products

VINMESA LLC sells physical branded merchandise through the Platform. All product descriptions, images, pricing, and availability are subject to change without notice. The display of any product on the Platform does not constitute an offer to sell, and the Company reserves the right to limit quantities, refuse orders, or cancel orders at any time in its sole discretion.

Pricing

All product pricing is determined by the Company at its sole discretion. We reserve the right to modify pricing at any time without notice, except that any price change will be reflected on the Platform prior to your completion of a purchase. Your placement of an order at a stated price constitutes acceptance of that price. Displayed prices do not include applicable taxes or shipping charges, which will be calculated and disclosed at checkout prior to order confirmation.

Taxes

The Company collects and remits applicable sales tax, use tax, and similar taxes as required by federal, state, provincial, and local law based on the shipping destination of your order. The applicable tax rate and estimated tax amount will be displayed at checkout before you complete your purchase. Tax rates are subject to change in accordance with applicable law. The Company is not responsible for any additional import duties, customs fees, or similar charges that may apply to orders shipped to Canada or Mexico; such charges, if any, are the sole responsibility of the purchaser.

Payment Methods

The Company accepts payment by major credit card and ACH (Automated Clearing House) bank transfer. Payment is processed through our designated third-party payment processors, Stripe and Shopify. By providing your payment information, you authorize the Company and its payment processors to charge the applicable amounts to your designated payment method. You represent that you are authorized to use the payment method you provide.

The Company does not store full credit card numbers or bank account details. All payment data is processed and secured by our payment processors in accordance with applicable industry standards.

Failed Payments

If a payment is declined or fails at the time of order placement, your order will not be confirmed. If a payment fails after an order has been confirmed (for example, in the case of a chargeback or ACH return), the Company will notify you at the email address on file and provide a period of five (5) business days to resolve the outstanding balance. If the balance is not resolved within that period, the Company reserves the right to cancel the order and suspend or terminate your account.

Order Acceptance

Submission of an order does not constitute a binding purchase agreement until we confirm acceptance by issuing an order confirmation. We reserve the right to cancel any order due to pricing errors, product unavailability, suspected fraud, or any other reason in our sole discretion. In the event of cancellation after payment has been processed, we will issue a full refund to your original payment method.

SHIPPING AND DELIVERY

Shipping Methods and Carriers

The Company ships orders via third-party carriers (such as UPS, FedEx, USPS, and comparable carriers in Canada and Mexico). The available shipping methods and estimated delivery times will be displayed at checkout. Estimated delivery times are provided for informational purposes only and are not guaranteed. The Company is not responsible for carrier delays, including delays caused by weather, customs processing, or other circumstances beyond our control.

Shipping Costs

Shipping charges are calculated based on the shipping destination, package weight and dimensions, and the selected shipping method, and will be displayed at checkout before you complete your purchase. Shipping charges are non-refundable except in cases where a return or refund is attributable to a Company error, misprint, or product defect, in which case the Company will cover return shipping costs.

Risk of Loss and Title

Title to and risk of loss of products purchased through the Platform pass to you upon delivery of the product to the carrier at our fulfillment location. Once the carrier has accepted your shipment, the Company is not liable for loss, theft, damage, or delay occurring during transit. If a shipment is lost or significantly delayed, please contact the carrier directly using the tracking information provided in your order confirmation email. The Company will make reasonable efforts to assist in resolving carrier disputes but does not guarantee replacement or refund for carrier-caused losses.

Delivery Address

You are responsible for providing an accurate and complete shipping address at the time of order. The Company is not responsible for undelivered or misdirected shipments resulting from an incorrect or incomplete address provided by you. Additional shipping charges may apply if an order must be re-routed or re-shipped due to an address error.

International Orders (Canada and Mexico)

Orders shipped to Canada or Mexico may be subject to customs clearance procedures, import duties, and taxes imposed by the destination country. These charges are the sole responsibility of the recipient and are not collected or remitted by the Company. The Company makes no representation regarding the availability of its products in any particular jurisdiction and is not responsible for any restrictions on the importation of products into Canada or Mexico.

ORDER CANCELLATION POLICY

You may cancel an order within twenty-four (24) hours of placing the order, provided the order has not yet entered production. Orders that have entered production cannot be cancelled. To request a cancellation, contact us immediately at info@VINMESA.com with your order number.

The Company does not offer subscriptions or recurring billing. This cancellation policy applies solely to individual product orders. If a cancellation request is made after the twenty-four (24) hour window or after production has commenced, the Company reserves the right to deny the cancellation request, and the order will be fulfilled and charged as placed.

RETURNS, EXCHANGES, AND REFUNDS

Return Eligibility

We issue refunds or accept returns under the following circumstances:

• Non-logo’d (unbranded) products: Items without custom branding may be returned within thirty (30) days of the confirmed delivery date, provided the product is in its original, unused, and undamaged condition with all original packaging and tags intact

• Misprinted products: Products bearing printing errors attributable to the Company will be eligible for replacement or refund regardless of whether they bear branding

• Damaged products: Products that arrive damaged due to manufacturing defects or shipping damage will be eligible for replacement or refund upon submission of documentation

Custom logo’d or branded products are not eligible for return or refund unless they are misprinted or arrive damaged. The Company’s determination of whether a product qualifies as misprinted or damaged is made at its sole reasonable discretion.

Exchanges

The Company does not offer product exchanges. If you wish to receive a different product, size, or color, you must initiate an eligible return (if applicable) and place a new order. Custom logo’d or branded products are not eligible for exchange.

Return Process

To initiate a return or refund request, contact us at info@VINMESA.com with your order number, a description of the issue, and, where applicable, photographic documentation of any defect or damage. Upon approval, we will provide a return merchandise authorization (RMA) number and return shipping instructions. Returns submitted without an RMA number may not be accepted.

Refunds will be processed to the original payment method within ten (10) business days of our receipt and inspection of the returned product, or, in the case of damaged or misprinted items, upon approval of your documented claim.

Return Shipping Costs

Return shipping costs for eligible non-logo’d returns are the responsibility of the customer unless the return is due to a Company error, misprint, or damage. For returns resulting from a Company error, misprint, or shipping damage, the Company will provide a prepaid return shipping label. Submission of fraudulent return or refund requests may result in permanent account termination and further legal action.

PLATFORM DEFINITION AND SCOPE

For purposes of these Terms of Use, “Platform” includes:

Website: Our primary website at www.VINMESA.com, including all pages, subdomains, and associated web properties.

Materials: Product listings, editorial content, promotional materials, and other informational resources made available through the Platform.

INTELLECTUAL PROPERTY RIGHTS

Ownership

The Platform and all of its contents, features, and functionality—including but not limited to all information, software, text, displays, images, product photography, and the design, selection, and arrangement thereof—are owned by the Company, its licensors, or other authorized providers of such material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property laws.

Trademarks

The Company’s trademarks, service marks, trade names, logos, and other proprietary designations used in connection with the Platform are the exclusive property of the Company. These marks may not be used, reproduced, displayed, or distributed without the Company’s express prior written permission.

Patents

Certain physical products and merchandise sold through the Platform may be protected by one or more patents or pending patent applications in the United States and other jurisdictions (collectively, “Patented Products”). Patented Products may bear the marking “Patent No.” followed by the applicable patent number, or “Patent Pending” where a patent application has been filed but not yet granted. Nothing in these Terms of Use shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right under any patent covering the merchandise beyond the right to use the product as a consumer purchaser for its intended purpose. All patent rights in and to the merchandise are expressly reserved by the Company.

Your purchase of a Patented Product grants you the right to use that individual product for its intended purpose only. Your purchase does not grant you any right to manufacture, reproduce, resell, sublicense, or otherwise exploit the patented design, invention, or technology embodied in the product. You agree not to challenge, contest, or assist any third party in challenging or contesting the validity, enforceability, or ownership of any patent or patent application owned or controlled by the Company relating to its merchandise.

ACCEPTABLE USE POLICY

Permitted Uses

Subject to these Terms, you are permitted to:

• Access and use the Platform—via the website and the App—for personal or authorized business purchasing purposes

• Create and maintain an account to manage orders and account preferences

• Post reviews, comments, and photos in accordance with the User Content standards set forth in these Terms

• Print limited portions of Platform content for personal reference, maintaining all copyright notices

Prohibited Activities

You are strictly prohibited from engaging in any of the following:

Platform Content and Process Sharing:

• Reproducing, distributing, or creating derivative works from any Platform content beyond the permitted uses above

• Taking screenshots or recordings of any portion of the Platform for unauthorized commercial use

Account and Access Violations:

• Sharing your account credentials or providing third parties access through your account

• Creating multiple accounts to circumvent access limitations or purchase restrictions

• Authorizing or allowing any other individual to use your account

Technical and Security Violations:

• Attempting to gain unauthorized access to the Platform, user accounts, or Company systems

• Using automated tools, bots, scrapers, or crawlers to extract content

• Circumventing security features, access controls, or usage limitations

• Introducing viruses, malware, or other malicious code

Harmful or Illegal Activities:

• Using the Platform in any way that violates applicable federal, state, provincial, or local laws, including Colorado law

• Impersonating any person or entity or misrepresenting your identity or affiliation

• Using the Platform for any fraudulent, deceptive, or misleading purpose

Consequences of Violations

Violation of these prohibited activities may result in:

• Immediate suspension or termination of Platform access

• Cancellation of pending orders without refund

• Legal action to protect our rights and interests

• Cooperation with law enforcement authorities where appropriate

We reserve the right to investigate suspected violations and take appropriate action. Prohibited conduct determinations are made at the Company’s sole reasonable discretion.

LIMITED LICENSE TO PLATFORM MATERIALS

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable, and personal license to:

• Access and use the Platform—including the website and App—solely for your individual or authorized business purchasing use

This license does not grant you any ownership rights in Platform materials, any right to reproduce or distribute content, any right to create derivative works, or any right to use content outside the authorized Platform interface. All rights not expressly granted are reserved by the Company.

This license terminates automatically upon closure of your account or upon any violation of these Terms.

USER CONTENT

Reviews, Comments, and Photos

The Platform permits registered users to post reviews, comments, and photos regarding products and their purchasing experience (“User Content”). By posting User Content, you represent that you are the author of such content or otherwise have all necessary rights to post it, and that the content does not violate any third-party rights or applicable law. Only registered, approved account holders may post User Content on the Platform.

License to User Content

You retain ownership of the User Content you post to the Platform. By posting content, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, display, reproduce, distribute, modify, adapt, and create derivative works from your User Content for any purpose, including commercial and marketing purposes, without restriction or obligation to provide credit or compensation. This license includes the right to use your User Content in connection with all materials and communications produced by or for the Company, including without limitation all content and materials produced by Accelerate IP LLC or its affiliates on behalf of the Company.

User Content Standards

All User Content you post must comply with applicable law and the following standards. User Content must not:

• Be posted by a non-customer or individual who has not been approved for an account on the Platform

• Be offensive, obscene, threatening, harassing, defamatory, or otherwise harmful to any person or entity

• Be disparaging of the Company, its products, employees, or affiliates in a manner that is false or misleading

• Infringe the intellectual property or privacy rights of any person or entity

• Constitute advertising, solicitation, or spam of any kind

• Violate any applicable federal, state, provincial, or local law

Content Moderation

The Company reserves the right to monitor, review, edit, or remove User Content at any time, with or without notice, for any reason, including content that violates these Terms or that we deem inappropriate in our sole discretion. Grounds for removal include, without limitation: content posted by non-customers or unapproved users, offensive or disparaging content, and content that the Company determines poses a reputational or legal risk. We do not continuously pre-screen all User Content before it is posted. The Company assumes no liability for User Content posted by users. If you encounter content that you believe violates these Terms, please contact us at info@VINMESA.com.

Feedback and Suggestions

Any feedback, suggestions, or ideas you provide to the Company regarding the Platform—whether submitted through the App, by email, or any other channel—become the property of the Company. We may use such submissions without restriction or obligation to provide credit or compensation.

COPYRIGHT POLICY AND DMCA COMPLIANCE

Reporting Claims of Copyright Infringement

The Company respects the intellectual property rights of others and expects users of the Platform to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. If you believe that any content accessible on or through the Platform infringes your copyright, you may request removal of that content by submitting a written DMCA takedown notice to our designated copyright agent identified below.

A valid DMCA notice must include substantially all of the following:

• Your physical or electronic signature

• Identification of the copyrighted work you believe has been infringed, or, if the claim involves multiple works, a representative list

• Identification of the allegedly infringing material in sufficient detail to allow the Company to locate it on the Platform

• Adequate contact information (name, mailing address, telephone number, and email address)

• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law

• A statement that the information in your notice is accurate

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Please be aware that if you knowingly and materially misrepresent that material on the Platform infringes your copyright, you may be held liable for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that content you posted on the Platform was removed or disabled by mistake or misidentification, you may file a counter notification with our designated copyright agent. A valid counter notification must include:

• Your physical or electronic signature

• Identification of the removed or disabled material and the location where it appeared before removal or disablement

• Adequate contact information (name, mailing address, telephone number, and email address)

• A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification

• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if you reside outside the United States, for any judicial district in which the Company may be found) and that you will accept service from the person who provided the original DMCA notice

If a valid counter notification is received, the Company may restore the removed content unless the party who submitted the original DMCA notice files a court action against you within ten (10) business days of receiving your counter notification.

Designated Copyright Agent

DMCA notices and counter notifications should be directed to the Company’s designated copyright agent:

VINMESA LLC – Copyright Agent

PO Box #2029

Centennial, CO 80161

Email: info@VINMESA.com

Repeat Infringers

It is the Company’s policy, in appropriate circumstances, to disable or terminate the accounts of users who are determined to be repeat infringers of intellectual property rights.

GEOGRAPHIC RESTRICTIONS

The Platform—including the website and App—is available to users physically located within the United States, Canada, and Mexico. Users who access the Platform from outside the authorized geographic area do so without authorization and in violation of these Terms. The Company reserves the right to block or terminate access from outside the authorized geographic area at any time.

EXPORT CONTROLS AND TRADE COMPLIANCE

The products and services offered through the Platform are subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and the economic sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). By using the Platform and placing orders, you represent and warrant that:

• You are not located in, and are not a national or resident of, any country subject to a U.S. Government embargo or sanctions program (including, without limitation, Cuba, Iran, North Korea, Russia, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)

• You are not identified on, and are not acting on behalf of any person identified on, any U.S. Government list of prohibited or restricted parties, including OFAC’s Specially Designated Nationals and Blocked Persons List

• You will not use or permit use of any products purchased through the Platform in violation of any applicable U.S. export control law or regulation

The Company reserves the right to refuse, cancel, or void any order if it determines, in its sole discretion, that fulfillment would violate applicable export control laws or sanctions regulations. Purchasers are solely responsible for compliance with all import and customs laws and regulations applicable in Canada and Mexico.

LINKS FROM THE PLATFORM

If the Platform contains links to third-party sites and resources, these links are provided for your convenience only. We have no control over the contents of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third-party websites linked from this Platform, you do so entirely at your own risk and subject to the terms of use for such websites.

CHANGES TO THE PLATFORM

We may update the content of the Platform, including the website and App, from time to time. Any material may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to modify, suspend, or discontinue any feature or component of the Platform at any time without notice.

INFORMATION ABOUT YOU AND YOUR USE OF THE PLATFORM

All information we collect through the Platform—including via the website and App—is subject to our Privacy Policy at www.VINMESA.com/privacy-policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

FORCE MAJEURE

The Company shall not be liable for any failure or delay in performing its obligations when such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, or pandemics; power outages or internet service provider failures; cyberattacks or security breaches; government regulations, orders, or restrictions; labor strikes or civil unrest; supply chain disruptions; or failures of third-party services (including payment processors, carriers, or cloud infrastructure providers).

Temporary service interruptions due to force majeure events do not constitute a breach of these Terms or grounds for refunds, provided we take reasonable steps to restore service. If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected services with written notice.

STATE-SPECIFIC PROVISIONS

Colorado Users and Residents

These Terms of Use are governed by the laws of the State of Colorado. The Company is organized and maintains its principal place of business in Colorado. Colorado residents may direct consumer protection complaints to the Colorado Attorney General’s Office, Consumer Protection Section, Ralph L. Carr Colorado Judicial Center, 1300 Broadway, 7th Floor, Denver, CO 80203.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE PLATFORM—INCLUDING THE WEBSITE AND APP—AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO BOTH THE PLATFORM AND THE PHYSICAL PRODUCTS SOLD THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER APPLIES TO ALL PRODUCTS SOLD THROUGH THE PLATFORM AND TO ALL PLATFORM CONTENT. THE COMPANY MAKES NO WARRANTY THAT PRODUCTS WILL BE FREE FROM DEFECTS OTHER THAN AS EXPRESSLY STATED IN THE RETURNS, EXCHANGES, AND REFUNDS SECTION OF THESE TERMS.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM (INCLUDING THE WEBSITE AND APP), ANY CONTENT ON THE PLATFORM, OR ANY PRODUCTS PURCHASED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms of Use

• Your use of the Platform, including the website and App

• Your User Content, including reviews, comments, and photos

• Any use of Platform content other than as expressly authorized in these Terms

• Your violation of any third-party rights, including intellectual property rights

• Your violation of any applicable export control law or trade compliance obligation

• Any claims arising from your use of social media login credentials to access the Platform

GOVERNING LAW AND JURISDICTION

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal or state courts located in Colorado, and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Platform, including disputes arising from their interpretation, violation, invalidity, non-performance, or termination (“Dispute”), shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules.

Arbitration Procedures

• The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16

• The substantive laws of the State of Colorado shall apply

• The arbitration shall be conducted by a single neutral arbitrator selected in accordance with AAA rules

• Arbitration shall be conducted in Colorado, unless the parties agree otherwise

• Each party shall be responsible for its own costs and fees unless otherwise awarded by the arbitrator

Exceptions to Arbitration

Either party may bring an action in court for claims seeking injunctive or equitable relief for intellectual property infringement, or to compel compliance with this arbitration provision.

Class Action Waiver

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited to the minimum extent necessary such that the remaining provisions will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use, along with our Privacy Policy, constitute the complete agreement between you and the Company concerning the Platform and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and the Company regarding the Platform.

CONTACT INFORMATION

This Platform is operated by:

VINMESA LLC

PO Box #2029, Centennial, CO 80161

Email: info@VINMESA.com

All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: info@VINMESA.com

BY USING THIS PLATFORM—YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.