Thank you for visiting The Absinthe Group. The Absinthe Group (www.absinthegroup.com) is comprised of a collection of restaurants, bars, and wine merchants (collectively, “Absinthe Group Locations”). Web properties owned by The Absinthe Group include Absinthe Brasserie & Bar (www.absinthe.com), Arbor (www.arborsf.com), Arlequin Wine Merchant (www.arlequinwinemerchant.com), Bellota (www.bellotasf.com), and Comstock Saloon (www.comstocksaloon .com) (collectively, the “Absinthe Group Websites” or “Sites”).

Your use of any of the Absinthe Group Websites is conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms & Conditions" or “Terms”) and to our privacy policy set forth at https://www.absinthegroup.com/privacy.php. (the “Privacy Policy” and, together with the Terms and Conditions, the “Terms of Use”). Your use of Absinthe Group Websites constitutes your agreement to all such Terms of Use. Please read these Terms of Use carefully and review them periodically as they are subject to change at the discretion of The Absinthe Group. If these Terms of Use are inconsistent with the guidelines, terms, and agreements applicable to the services offered on Absinthe Group Websites, these Terms will control. You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Sites.

1. License to Use Absinthe Group Websites

You are granted a non-exclusive, non-transferable, revocable license to access and use Absinthe Group Websites strictly in accordance with these Terms. All content included as part of the Sites, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of The Absinthe Group or its licensors and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You may view, forward links, and print pages from Absinthe Group Websites for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. You must not (a) sell, rent or sub-license material from the Sites; (b) reproduce, duplicate, copy or otherwise exploit material on the Sites for a commercial purpose; or (c) edit or otherwise modify any material on the Sites. You will use content from Absinthe Group Websites solely for your personal use, and will make no other use of the content without the express written permission of The Absinthe Group and the copyright owner, if the copyright owner is an individual or entity other than The Absinthe Group. You agree that by using Absinthe Group Websites you do not acquire any ownership rights in any content appearing on the Sites. The Absinthe Group does not grant you any licenses, express or implied, to its intellectual property, or to the intellectual property belonging to our licensors except as expressly authorized by these Terms.

 As a condition of your use of the Sites, you warrant to The Absinthe Group that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use Absinthe Group Websites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on Absinthe Group Websites. Content appearing on Absinthe Group Websites is not for resale. Your use of Absinthe Group Websites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.

2. Acceptable & Prohibited Use

(a) Acceptable Use. You may use the Sites: (i) to inquire about the goods and services provided at Absinthe Group Locations; (ii) purchase products and services offered by The Absinthe Group and/or Absinthe Group Locations; (iii) make reservations for select Absinthe Group Locations; (iv) subscribe to email newsletters for The Absinthe Group and/or Absinthe Group Locations; and (v) find Absinthe Group Locations.

(b) Prohibited Use. You must not: (i) use Absinthe Group Websites in any way that causes, or may cause, damage to the Sites or impairment of the availability or accessibility of the Sites, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (ii) you must not use the Sites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; (iii) you must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Sites without our express written consent; (iv) you must not use the Sites to transmit or send unsolicited commercial communications; and (v) you must not use the Sites for any purposes related to marketing without our express written consent.

3. User Content 

In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to Absinthe Group Websites and social media channels owned by The Absinthe Group for whatever purpose. You grant to The Absinthe Group a worldwide, revocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Absinthe Group the right to sub-license these rights, and the right to bring an action for infringement of these rights. You may revoke The Absinthe Group’s rights to your user content containing personal information by submitting a verifiable request to have your user content deleted or to prevent your user content from being sold pursuant to Sections 12.4.3 and 12.4.5 of our Privacy Policy.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, the Absinthe Group, or a third party (in each case under any applicable law). You must not submit any user content to the Sites or The Absinthe Group’s social media channels that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted, hosted, or published to the Sites, The Absinthe Group’s social media channels, or material that is stored on our servers.

4. Purchases & Reservations

(a) Gift Cards. You may purchase gift cards that may be used at any Absinthe Group Location by visiting https://www.absinthegroup.com/giftcards.php?uuid=091298439192345 or by visiting the websites for any of our locations. Gift cards may be purchased for an amount of $25.00 or more, and will be delivered to the recipient via U.S. mail. An additional shipping charge may be applied to gift card purchases shipped via U.S. mail. The Absinthe Group will deduct purchases from a gift card’s value until the value reaches $0.00. Any balance remaining on a gift card may be used for future purchases. Additional funds may be added to gift cards after purchase. Gift cards are not subject to service fees or expiration dates. Please be advised that The Absinthe Group shall not be responsible for lost or stolen gift cards. Gift cards purchased at http://www.absinthegroup.com are processed by Authorize.net. Aurthorize.net’s Terms of Use may be viewed at https://www.authorize.net/about-us/terms.html.

Digital gift cards that may be used at either Arbor or Arlequin may be purchased at https://squareup.com/gift/4FWXP0Z1Y324C/order. These digital gift cards may only be used at Arbor or Arlequin locations. Digital gift card purchases are processed by Square. Square’s Terms of Service may be viewed at https://squareup.com/us/en/legal/general/ua.

(b) Reservations. You may make reservations for Absinthe Brasserie & Bar, Bellota, and Comstock Saloon by visiting the website of the location you would like to visit. Reservations for Absinthe Group Locations are processed and stored by OpenTable. Please be advised, Bellota requires a deposit to secure reservations for parties larger than six (6) people. Please contact Bellota to inquire about cancelling reservations for parties larger than six (6) people. To view OpenTable’s Terms of Service, please visit https://www.opentable.com/legal/terms-and-conditions.

(c) Events: Absinthe Brasserie & Bar and Bellota welcome private events. To inquire about hosting an event of more than thirty-two (32) people at Bellota or a private dining experience the at Absinthe Bar & Brasserie, please visit https://absinthe.com/ to submit an Event Inquiry Form. To submit an event request for Bellota, please visit https://bellotasf.com/events/. Deposits are required to book private events and dining experiences at Bellota and Absinthe Brasserie & Bar. Please contact Bellota and Absinthe Brasserie & Bar for information regarding deposits and their events cancellation policy.

Arlequin Wine Merchant (“Arlequin”) hosts special events and Thursday tastings. Arlequin Wine Club events and wine tastings are restricted to individuals 21 years of age and older. Registration is required to attend Arlequin events and tastings and a valid government issued identification is required for entry. Wine Club events and Thursday tastings are free for the Wine Club members and available to the general public for a fee. A calendar of Arlequin events with registration and fee details may be found at https://www.arlequinwinemerchant.com/events-tastings.

Comstock Saloon hosts special events for its customers who are 21 years of age and older. Registration is required for some events and reservations are encouraged for all events. Valid government issued identification is required for admission into any of Comstock Saloon’s events. Comstock Saloon publicizes its events via email and social media. Comstock Saloon also accepts requests for private events. Please visit https://comstocksaloon.com/ to inquire about hosting a private event at Comstock Saloon.

(d) Take-Out Orders.  Arbor, Absinthe Brasserie & Bar, and Bellota accept take-out food and beverage orders.

You may place take-out food and beverage orders online at Absinthe Brasserie & Bar by visiting https://absinthe-provisions.square.site/. All online take-out orders are prepaid by credit card. All credit card billing information is collected, processed, and stored by Square. Square’s General Terms of Service can be viewed at https://squareup.com/us/en/legal/general/ua.  

You may place take-out food and beverage orders online at Arbor by visiting https://www.arborsf.com. All online take-out orders are prepaid by credit card. All credit card billing information is collected, processed, and stored by Square. Square’s General Terms of Service may be viewed at https://squareup.com/us/en/legal/general/ua. 

You may place take-out food and beverage orders online at Bellota by visiting www.bellotasf.com. All online take-out orders are prepaid by credit card. All credit card billing information is collected, processed, and stored by Square. Square’s General Terms of Service may be viewed at https://squareup.com/us/en/legal/general/ua.

(e) Delivery Orders. Arbor and Absinthe Brasserie & Bar accept food and beverage orders for delivery.

Orders for food and beverage delivery service from Absinthe Brasserie & Bar can be made at https://absinthe-provisions.square.site/. Delivery orders are processed by Square and delivered by Postmates. All delivery orders are prepaid by credit card. Credit card billing information is processed and stored by Square.  Square’s General Terms of Service may be viewed at https://squareup.com/us/en/legal/general/ua. Postmate’s Terms of Service may be viewed at https://postmates.com/legal/terms.

Orders for food and beverage delivery service from Arbor may be made at http://www.arborsf.com. Delivery orders are processed by Tock and delivered by DoorDash.  All delivery orders are prepaid by credit card. Credit card billing information is processed and stored by Tock. You may view DoorDash’s Terms of Service at https://help.doordash.com/consumers/s/terms-and-conditions-us?language=en_US. You may view Tock’s Terms of Service at https://www.exploretock.com/terms.

(f) Arlequin Wine Merchant Purchases. ARLEQUIN PRODUCTS ARE AVAILABLE FOR PURCHASE BY CUSTOMERS WHO ARE 21 YEARS OF AGE OR OLDER. Customer’s picking up wine orders at Arlequin shall be required to produce valid government-issued identification verifying their age prior to receiving their purchase. Customer’s receiving delivery orders shall be required to produce valid government-issued identification in order to obtain their shipment.

Information for all orders placed on Arlequin’s website will be checked for validity and compliance with state laws and regulations by verifying your method of payment or shipping address. Please be advised that receipt of an order confirmation from Arlequin does not constitute acceptance of your order. Arlequin reserves the right to reject any order and/or to limit quantities of any order at any time for any reason or without giving a reason. If your order is rejected by Arlequin, we will attempt to notify you using the contact information provided with your order. Any charges against your credit card for a rejected order will be refunded.

Arlequin, at its own discretion, may limit, modify, or cancel quantities purchased per person, per household, or per order. Restrictions, modifications, or cancellations may include orders placed by the same individual, using the same shipping address, and/or using the same credit card information. In the event an order is modified, cancelled, or rejected, Arlequin will attempt to notify you using the contact information provided with your order. Arlequin reserves right to restrict or refuse the sale of any item for any reason or without giving a reason.

The terms in this Section 4(f) apply to all Arlequin product purchases and purchases of wine club memberships.

Wine club members may opt to allow Arlequin to retain their credit card information for the purpose of processing in-store purchases. Square stores credit card information on behalf of Arlequin. Credit card numbers are only retained by Arlequin for the duration of the customer’s wine club membership. Square’s General Terms of Services may be viewed at https://squareup.com/us/en/legal/general/ua.

Wine club memberships are processed by Chargify. Chargify’s Terms of Service may be viewed at https://www.chargify.com/service-terms/.

Arlequin’s ecommerce store is powered by Weebly. Weebly’s Terms of Service may be viewed at https://www.weebly.com/terms-of-service.

Retail sales of wine are processed by Square. Square’s Terms of Service may be viewed at https://squareup.com/us/en/legal/general/ua.

(g) Comstock Saloon Merchandise. You may purchase Comstock Saloon merchandise by visiting https://comstocksaloon.com/mercantile/. Please be advised that flat rate shipping fees shall apply to all merchandise orders submitted on the Comstock Saloon website. Comstock Saloon’s e-commerce store is powered by WooCommerce. WooCommerce’s Terms and Conditions may be viewed at https://woocommerce.com/terms-conditions/.

5. Privacy

Your use of the Absinthe Group’s Websites is subject to the Absinthe Group's Privacy Policy. Please review our Privacy Policy at https://www.absinthegroup.com/privacy.php, which also governs all of the Absinthe Group’s Websites and informs users of the Absinthe Group’s data collection practices.

6. Electronic Communications and Notices

Visiting Absinthe Group’s Websites, submitting event inquiries, signing up for newsletters from The Absinthe Group or any Absinthe Group locations, and sending emails to The Absinthe Group constitutes electronic communications. You consent to receive electronic communications from The Absinthe Group and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on any Absinthe Group Websites, satisfy any legal requirement that such communications be in writing.

7. Children Under Thirteen

The Absinthe Group does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). Arlequin’s website is intended exclusively for use by persons (twenty-one) 21 years of age and older. If you are under eighteen (18) years of age, you may use the websites for The Absinthe Group (www.absinthegroup.com), Absinthe Brasserie & Bar (www.absinthe.com), Arbor (www.arborsf.com), Bellota (www.bellotasf.com), and Comstock Saloon (www.comstocksaloon.com) only with permission of a parent or guardian. Please see our Privacy Policy at https://www.absinthegroup.com/privacy.php for additional information regarding how we treat information collected from persons under the age of thirteen (13).

8. Links to Third Party Sites/Third Party Services

Absinthe Group Websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Absinthe Group and The Absinthe Group is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Absinthe Group is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Absinthe Group of the site or any association with its operators.

Certain services made available via Absinthe Group Websites are delivered by third party sites and organizations as described in Section 4 above. By using any product, service, or functionality originating from an Absinthe Group Websites’ domain, you hereby acknowledge and consent that The Absinthe Group may share such information and data with any third party with whom The Absinthe Group has a contractual relationship to provide the requested product, service, or functionality on behalf of The Absinthe Group’s users and customers. 

9. Intellectual Property

(a) Protection of Intellectual Property. Absinthe Group Websites in their entirety, the domain names, the contents, and any information or material on them are protected under the relevant copyright, trademark, patent, and other intellectual property laws, unless otherwise specified herein. The content of the Sites include, but are not limited to, logos, trade names, word marks, design marks, trademarks, designs, text, images, graphics, pictures, information, videos, software, sound files, other files, and the arrangement thereof (“Intellectual Property”) all of which are the property of The Absinthe Group or our licensors.

 (b) Prohibited. You shall not appropriate, copy, publicly display, reproduce, modify, republish, upload, post, transmit, scrape, collect, distribute, reverse engineer, or use the Intellectual Property from any Absinthe Group Websites for any other purpose other than the Acceptable Purpose as described in these Terms. Any such unauthorized use may violate copyright, patent, trademark, and any other applicable laws and could result in criminal or civil penalties. In addition, the look and feel of our Sites, including all page headers, custom graphics, button icons, and scripts, are the service mark, trademark, and/or trade dress of The Absinthe Group and may not be copied, imitated or used, in whole or in part, without prior written consent.

10. Indemnification

(a) Indemnification by You. You agree to indemnify, defend, and hold harmless The Absinthe Group, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use Absinthe Group Websites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Indemnified Claims include, without limitation, claims arising out of or related to The Absinthe Group’s negligence. Indemnitor’s obligations in the preceding sentence include retention and payment of attorney fees and payment of court costs, as well as settlement at Indemnitor’s expense and payment of judgments.

(b) Mutual Indemnification. Each party (“Indemnitor”) shall defend and indemnify the other party (“Indemnified Party”) and its directors, officers, employees, contractors, agents, assigns, and successors, if applicable, against any third party claim, suit, or proceeding arising out of, related to, or alleging any of the following (any “Indemnified Claim”): (i) unauthorized disclosure or exposure of personally identifiable information resulting from Indemnitor’s acts or omissions or from those of its contractors; (ii) injury to or death of any individual, or any loss of or damage to real or tangible personal property, resulting from Indemnitor’s acts or omissions or from those of its contractors; or (iii) intellectual property infringement by software or content Indemnitor contributed to the Site. Indemnitor’s obligations in the preceding sentence include retention and payment of attorneys and payment of court costs, as well as settlement at Indemnitor’s expense and payment of judgments.

(c) Litigation. Indemnitor’s obligations set forth in Subsections (a) and (b) above will be excused to the extent that the Indemnified Party’s or any director, officer, employee, contractor, agent, assign, or successor of the Indemnified Party, if applicable, of the Indemnified Party’s failure to provide prompt notice of the Indemnified Claim or reasonably to cooperate materially prejudices the defense. Indemnitor will control the defense of any Indemnified Claim, including appeals, negotiations, and any settlement or compromise thereof; provided the Indemnified Party will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects one of them to any ongoing affirmative obligations.

11. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

12. Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Absinthe Group agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13. Warranties & Limitation of Liability Disclaimers

(a) Site Contents. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE ABSINTHE GROUP AND/OR ITS AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES AT ANY TIME.

(b) As-Is Warranty. THE ABSINTHE GROUP AND/OR ITS AGENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE ABSINTHE GROUP WEBSITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE ABSINTHE GROUP AND/OR ITS AGENTS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

(c) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ABSINTHE GROUP AND/OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ABSINTHE GROUP OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. THE LIABILITIES LIMITED BY THIS SECTION  APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHERWISE; (iii) EVEN IF THE ABSINTHE GROUP IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF THE CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section, The Absinthe Group’s liability will be limited to the maximum extent permissible.

14. Termination

The Absinthe Group reserves the right, in its sole discretion, to terminate your access to Absinthe Group Websites and the related services or any portion thereof at any time, without notice.

15. Miscellaneous

(a) Governing Law. This agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of Absinthe Group Websites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

(b) Entire Agreement. Unless otherwise specified herein, this agreement and The Absinthe Group’s Privacy Policy constitute the entire agreement between the user and The Absinthe Group with respect to the Sites and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Absinthe Group with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

(c) Severability. To the extent permitted by applicable law, you and The Absinthe Group hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

(d) Assignment. The Absinthe Group may transfer, sub-contract, or otherwise deal with its rights and/or obligations under these Terms without notifying you or obtaining your consent. An assignment authorized pursuant to the preceding sentence shall not become effective unless and until the assignee agrees in writing to be bound by all the assigning party’s rights and obligations set forth in these Terms and Conditions. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under the Terms.

(e) Changes to Terms. The Absinthe Group reserves the right, in its sole discretion, to change the Terms under which Absinthe Group Websites are offered without notice exceeding posting the updated Terms on the Sites. The most current posted version of the Terms will supersede all previous versions. The Absinthe Group encourages you to periodically review the Terms to stay informed of our updates.

(f) Waiver. Neither you nor The Absinthe Group will be deemed to have waived any rights under this Agreement by lapse of time or by any statement or representation other than by an explicit written waiver. No waiver of any one breach of this Agreement will constitute a waiver of any other breach of this Agreement.

(g) Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, epidemics, pandemics, viral outbreaks, government orders, or other causes beyond the performing party’s reasonable control.

Contact Us

The Absinthe Group welcomes your questions or comments regarding these Terms:

The Absinthe Group

368 Hayes St., 2nd Floor

San Francisco, CA 94102

Email Address: privacy@absinthegroup.com

Telephone number: (415) 864-2693

Effective as of September 1, 2020