Thank you for your interest in the website located at www.agaveunderground.com (the “Website”) owned, operated, licensed or controlled by Agave Underground, inc. (collectively “Agave,” “we,” “our”, or “us”). The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Website.

Your personal privacy is important to us. This Privacy Policy, effective January 1, 2010, explains what personal information we collect every time you visit the Website, how we collect and how we use your personal information. Please read this Privacy Policy carefully, and if you have any questions, please feel free to contact us. By visiting the Website, you consent to the collection and use of your personal information as outlined in the Privacy Policy.

WHAT PERSONAL INFORMATION DO WE COLLECT? AND WHY?

General.

We collect only personally identifiable information when users specifically and knowingly disclose to us. If you disclose your personal information, we will only store and use such information that we need to meet your requests and our legitimate business objectives. Except as set forth in this Privacy Policy, we do not trade, share, rent, sell or give away information concerning you to third parties.

Account Information.

We do not require you to provide your personally identifying information in order for you to access, open or browse the Website. However, to use features on the Website we may require you to register to open a user account and provide personally identifying information about yourself. Under those circumstances, we may collect information including, without limitation, your name, email address and your profile photo.

Contact Information.

We use your contact information to facilitate and improve your use of the Website and to comply with any requirements of law. We do not sell and will not divulge your email address to third parties other than as specified in this Privacy Policy without your permission unless we are legally entitled or obliged to do so. We may also use your email address or other contact information you provide us to contact you with regard to your account such as to send you Website-related information including updates or changes to the Website and to correspond with you about any questions or concerns you have brought to our attention. You may also receive automated messages regarding the Website and information about our products and services that we think will interest you. You may opt-out of receiving notifications from us by following the instructions contained in our e-mails. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy.

Correspondence.

If you contact us to provide feedback, comments or inputs or for any other reason, we may keep a record of that correspondence and collect your personal information to process your enquiries, respond to your requests and improve our services.

Your Access.

If you supply us with your personal contact information, you may later access it, update it, modify it and delete any inaccuracies. Please note that we generally keep a copy of the previous personal contact information for our records. We aim to keep our information about you as accurate as possible. If you would like to review or change the details you have supplied us with, you may do so at any time by accessing your account on the Website. You may also choose simply not to provide your personal contact information at the point of collection; however, you will not be able to register.

Aggregated General Information.

We may share aggregated general information about our Website with our corporate partners, investors, advertisers or others. Aggregate general information includes without limitation the number of users of the Website or the Services, revenue including payments by the users, usage statistics, user feedback. Aggregated general information does not include any personally identifying information that could be used to contact or identify you.

Community Forums.

We organize and offer community forums (e.g., chat rooms, bulletin boards and discussion groups) on the Website. These forums are provided as a service to our users and customers to help them exchange ideas, tips, and information related to our products and services. You have to register to use community forums as part of which you may be required to provide us your name and e-mail address. We may use this information to contact you in relation to your use of the community forums. Please be advised that information that you post on or through the community forums are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of the website are encouraged to exercise caution when providing personal information about themselves in public or community forums.

WHAT NON-PERSONAL INFORMATION DO WE COLLECT? AND WHY?

In many cases, we will automatically collect certain non-personal information about your use of the Website that includes, among other things, information concerning date and time of your visit, the pages of the Website that you visited, your path through the Website, your IP address, the type of browser and operating system you are using and, and the third-party web sites or advertisements linked to or from the Website that you visited. For this purpose, we may use cookies, clear gifs, frames, server log analysis and other technology. Information, pertaining to your visits to the Website, collected through these technologies will be anonymous unless you provide, or have provided, us with personal information. Any information collected through the use of these technologies will be handled according to this Privacy Policy.

We may use this information to improve the quality of the Website and to better understand how users interact with the Website. In addition, we use this information to comply with any requirements of law, or serve, or have a third party serve, specialized or relevant advertising content and/or recommendations to you on the Website or on a third party’s website; and for internal purposes. We may also use this information for system administration and troubleshooting, ensuring user compliance with our terms of service, investigating security breaches and compiling anonymous non-personal information such as how many users visited the Website. Additionally, when you log into your Account, your system specifications such as operating system, system configuration, etc. may be collected by us for the purposes of analyzing and optimizing your experience and customer service.

Navigational Data.

As you browse our Website, we may gather navigational data that shows what pages are visited and how long various features are used. This information will not reveal your identity or be linked to you personally. We use this information to complete, support and analyze users’ purchases from us; to facilitate and improve use of the Website; to comply with any requirements of law; to serve, or have a third party serve specialized or relevant advertising content and/or recommendations to you on the Website or on a third party’s website; for internal purposes; and to determine any commissions due our Affiliates. This information may be disclosed only to our staff and to third parties involved in the completion of your transaction, the delivery of your order, and the analysis and support of your use of the Website. We may from time to time supply the owners or operators of third party sites from which it is possible to link to our Website with information relating to the number of users linking to our Website from their sites. You cannot be identified from this information.

Cookies.

The Website may contain “cookies.” Cookies are bits of electronic information generated by web servers and stored on your hard drive when you visit practically any website on the Internet. Cookies are often used to differentiate users, store user preferences and track user trends in general. We may use cookies to improve the quality of the Website and to better understand how users interact with the Website. We do not and cannot use cookies to retrieve individual personally identifying information about you from your computer unless you knowingly and willingly provide such information. You can adjust your web browser security settings to refuse all cookies or to indicate when a cookie is being sent. However, if you disable the use of cookies in your web browser, some features of the Website we offer may not function properly.

IP Addresses and System Specifications.

When you access Website, our servers may record your IP address. We may use IP addresses for system administration and troubleshooting, ensuring user compliance with our terms of service, investigating security breaches and compiling anonymous non-personal information such as how many users visited the Website. Additionally, when you log into your Account, your system specifications such as operating system, system configuration, etc. may be collected by us for the purposes of analyzing and optimizing your experience and customer service.

HOW DO WE SHARE THE INFORMATION THAT WE COLLECT?

General

Personal information which we collect for a particular purpose will only be saved and used for that purpose, unless you have agreed to allow us to use it for some other purpose, as described in this Privacy Policy. We sometimes share non-personal information with third parties about our user base, but that information does not include any personally identifiable information. We may use the information we collect from you for the purpose of providing you with technical support, customer service, and account maintenance. We may also use information to learn what you like, tailor your experience accordingly, and to improve the Website and our other products.

Law Enforcement

We may disclose your personally identifiable information or otherwise use such information to communicate with you if required or permitted to do so by law or in the good-faith belief that such action is necessary to: (i) conform to legal requirements or comply with legal process or any governmental request; (ii) protect and defend the rights or property of Agave or its affiliated companies, licensors or licensees; (iii) enforce the user agreements applicable to your use of the Website; or (iv) protect the personal safety or interests of Agave employees, other users of the Website, or members of the public in urgent circumstances. We may also disclose any of your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as we deem necessary in our sole discretion, in order to protect the legitimate legal and business interests of Agave.

EXTERNAL LINKS AND ADVERTISEMENTS

The Website may contain third-party advertisements and links to other websites. These other sites and advertisements maintain their own policies regarding cookies and the collection and use of personal information. We assume no responsibility or liability for the actions of such third parties with respect to their collection or use of your information. We encourage you to read the privacy policies of every website that you visit through a link on the Website.

CHILDREN’S PRIVACY

The Website complies with the Children’s Online Privacy Protection Act and all other applicable laws and regulations protecting children’s privacy on the Internet. The Website is not directed to persons under the age of 21 and we do not allow persons under 21 years of age to create user accounts. Therefore, except as may be required by law, the Website does not knowingly collect, maintain, or disclose any personal information from children under the age of 21. If you are under the age of 21, please do not: (i) access or use the Website, (ii) create or attempt to create an account on the Website, or (iii) sign up for any subscription service.

INFORMATION FOR PARENTS/GUARDIANS

As a parent or guardian you can request Agave to remove personal information of your child that was submitted without your consent or by misrepresenting his or her age. At your request, we will take reasonable steps to remove such information from our database. All such requests should include the same user name, password, and e-mail address that your child submitted and should be sent to info@agaveunderground.com.

SECURITY

We offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our Website reduce the likelihood of security problems to a level appropriate to the type of data involved. We employ physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of any personal contact information. If you have any questions regarding which measures and techniques we use, feel free to contact us.

CHANGE OF CONTROL

In the event that another company acquires all or substantially all of the assets related to the Website, or if we experience some other change of control event such as merger, insolvency, bankruptcy or receivership, we reserve the right to include any or all user-related information among the assets transferred to the acquiring company. We do not guarantee that any entity receiving such information in connection with any of these transactions will comply with all the terms of this policy.

CHANGES TO PRIVACY POLICY

This Privacy Policy is subject to change without notice. We may change our policy at any time by posting a new version of it on the Website. Please check the Website regularly for information about revisions to this Privacy Policy. In the event that we change our Privacy Policy, such changes will affect all of the information we collect after any such change. If you object to the change to our Privacy Policy, then you must contact us in writing regarding your objection.

QUESTIONS AND COMMENTS

If you have any questions or comments about this Privacy Policy, you may contact us at info@agaveunderground.com.