Terms and Conditions for Age Restricted Vending Machine and AgeVend LLC (doing business as AgeVend.com, AgeVend, KN Distribution, and Nic Machine Vending)

Introduction

1. These terms and conditions (the “Terms”) govern the use of the age restricted vending machines (the “Machines”), any products and services offered through the Machines (the “Products”), including but not limited to tobacco and nicotine-related products, electronic nicotine delivery systems (ENDS), and Delta 8 THC products, as well as the use of the website www.agevend.com (the “Website”) and any services offered through the Website. By using the Machines, purchasing any Products, accessing the Website, or using any services offered through the Website, you agree to be bound by these Terms.

Age Restriction

2. The Machines and Website are intended for use by individuals who are at least 21 years of age. By using the Machines or Website, you represent and warrant that you are at least 21 years of age and that you have the legal right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions set forth herein.

Personal Information and Age Verification

3. In order to purchase Products from the Machines, you may be required to provide personal information, including but not limited to your name, date of birth, and government-issued identification. By providing this information, you consent to AgeVend LLC and its agents and contractors using this information, as well as public records and biometric facial recognition software, to verify your identity and to ensure that the person on the ID document matches the person making the purchase. You also consent to the collection, use, and storage of your personal information as set forth in AgeVend LLC’s Privacy Policy.

Liability Disclaimer

4. AgeVend LLC is not the manufacturer of the Products sold in the Machine and makes no representation or warranty as to the safety or efficacy of the Products. By using the Machine or purchasing any Products, you assume all risk and liability associated with the use of the Products, including but not limited to any injury or damage that may result from the use of the Products.

AgeVend LLC shall not be liable for any errors or omissions in the information provided on

the Website or through the Machines, or for any injuries or damages of any kind arising from the use of the Website or Machines, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

AgeVend LLC shall not be liable for any data breaches or unauthorized access to your personal information, or any errors or inaccuracies in the ID verification process, and you agree to hold AgeVend LLC harmless from and against any and all claims, damages, and expenses arising from such data breaches, unauthorized access, or errors.

Multiple Machines and Franchise Operations

5. AgeVend LLC operates multiple vending machines and may also engage in franchise operations. You understand that the Products offered through each machine may vary and may be provided by licensees or third-party vendors, and not AgeVend LLC. By using the Machines or purchasing any Products, you release, discharge, and hold harmless AgeVend LLC, its affiliates, and its franchisees from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with the use of the Machines, Website, or Products.

Compliance with Laws

6. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Machines, Website, and Products, including but not limited to laws and regulations related to

Intellectual Property

7. All content available on the Website, including but not limited to text, graphics, logos, images, and software, is the property of AgeVend LLC or its licensors and protected by copyright, trademark, and other intellectual property laws. You may not use any content from the Website without the express written permission of AgeVend LLC.

Termination

8. AgeVend LLC reserves the right to terminate or suspend your access to the Website or Machines at any time, without notice, for any reason, including but not limited to violations of these Terms.

Governing Law

9. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law.

Contact Information

10. For any questions or concerns regarding these Terms or the Website or Machines, please contact us at Support@AgeVend.com

Nicotine Disclaimer

11. You acknowledge that some of the Products offered through the Machine may contain nicotine, which is a highly addictive chemical. By using the Machine or purchasing any Products that contain nicotine, you understand the risks associated with nicotine addiction and agree to use these products at your own risk. AgeVend LLC strongly advises against the use of nicotine products by individuals under the age of 21 and encourages anyone who uses nicotine products to do so responsibly and in accordance with all applicable laws and regulations.

Delta 8 THC and Impairment

12. You acknowledge that some of the Products offered through the Machine may contain Delta 8 THC, which can cause impairment and affect your ability to drive or operate heavy machinery. By using the Machine or purchasing any Products that contain Delta 8 THC, you understand the risks associated with impairment and agree to use these products responsibly and in accordance with all applicable laws and regulations. You agree not to operate any heavy machinery or drive while under the influence of Delta 8 THC products. AgeVend LLC makes no representation or warranty as to the safety or legality of Delta 8 THC products, and you understand that these products have not been evaluated by the FDA. You waive any and all liability for any injuries, damages, or health complications that may result from the use of these products.

Sales Tax

13. You understand that sales tax is collected and paid on the Products in accordance with federal, state, and local laws. This includes all applicable taxes related to tobacco and nicotine products. AgeVend LLC is responsible for paying these taxes on your behalf as part of the purchase price.

ENDS and Nicotine

14. You acknowledge that some of the Products offered through the Machine may be electronic nicotine delivery systems (ENDS) and that the use of these products is subject to all applicable laws and regulations, including but not limited to the laws of the State of Georgia.

THC Compliance

15. You understand that all Delta 8 THC products offered through the Machine comply with the Federal Farm Bill and contain lawful amounts of THC.

Waiver of Liability

16. You agree to waive any and all claims against AgeVend LLC, its affiliates, and its franchisees for any injuries, damages, or health complications that may result from the use of the Machine, Website, or Products.

Legal Compliance

17. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Machines, Website, and Products.

Dispute Resolution

18. Any dispute arising out of or relating to these Terms or the Website or Machines shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Entire Agreement

19. These Terms constitute the entire agreement between you and AgeVend LLC regarding the use of the Machines, Website, and Products, and supersede any prior agreements or understandings, whether written or oral.

Severability

20. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Waiver

21. AgeVend LLC’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AgeVend LLC in writing.

Force Majeure

22. AgeVend LLC shall not be liable for any failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, or other labor disputes, government restrictions, or communication or power failures.

No Third-Party Beneficiaries

23. These Terms are for the benefit of AgeVend LLC, its affiliates, and its franchisees, and no other person shall have any right to enforce any of its provisions.

Headings

24. The section headings in these Terms are for convenience only and have no legal or contractual effect.

Product Information

25. AgeVend LLC does not provide any warranty or guarantee regarding the Products offered through the Machine, including but not limited to their safety, efficacy, or compliance with legal or regulatory requirements. You understand that the Products are offered “as is” and that AgeVend LLC makes no representation or warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Indemnification

26. You agree to defend, indemnify, and hold harmless AgeVend LLC, its affiliates, and its franchisees from and against any claims, actions, or demands, including but not limited to reasonable legal and accounting fees, arising out of or in connection with your use of the Machine, Website, or Products.

Severability

27. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Waiver

28. AgeVend LLC’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AgeVend LLC in writing.

Dispute Resolution

29. Any dispute arising out of or relating to these Terms or the Website or Machine shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Compliance with Laws

30. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Machine, Website, and Products, including but not limited to laws and regulations related to age verification, data privacy, nicotine, tobacco, ENDS, Delta 8 THC, and sales tax.

No Medical Advice

31. The information contained on the Website or provided through the Machine is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of a qualified healthcare professional with any questions you may have regarding a medical condition.

Compliance with Local Laws

32. You agree to comply with all local laws and regulations regarding the possession, use, and sale of the Products offered through the Machine. You understand that the Products may be illegal in some jurisdictions and that it is your responsibility to ensure compliance with all applicable laws.

Limitation of Liability

33. In no event shall AgeVend LLC, its affiliates, or franchisees be liable for any damages, including but not limited to direct, indirect, incidental, punitive, or consequential damages, arising out of or in connection with the use of the Machine, Website, or Products.

No Consequential Damages

34. In no event shall AgeVend LLC, its affiliates, or franchisees be liable for any consequential, special, indirect, or punitive damages, whether in contract, tort, strict liability, or otherwise, arising out of or in connection with the use of the Machine, Website, or Products.

No Class Action

35. You agree that any dispute arising out of or relating to these Terms or the Website or Machine shall be brought and resolved on an individual basis and that you will not bring any class action or representative action against AgeVend LLC, its affiliates, or franchisees.

No right of survivorship and non-transferability

36. You agree that your account is non-transferable and any rights to your ID or account or contents within your account terminate upon your death.

Fraud

37. You agree not to use the Machine, Website, or Products for any fraudulent or illegal activities, and to immediately notify AgeVend LLC if you suspect any fraudulent or illegal activities in connection with the Machine, Website, or Products.

Changes to Terms

38. AgeVend LLC reserves the right to make changes to these Terms at any time and without notice. Your continued use of the Machine, Website, or Products after any changes have been made shall constitute your acceptance of such changes.

Compliance with Laws

39. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Machine, Website, and Products, including but not limited to laws and regulations related to age verification, data privacy, nicotine, tobacco, ENDS, Delta 8 THC, and sales tax.

Compliance with Local Laws

40. You agree to comply with all local laws and regulations regarding the possession, use, and sale of the Products offered through the Machine. You understand that the Products may be illegal in some jurisdictions and that it is your responsibility to ensure compliance with all applicable laws.

Health Risks

41. You understand that the Products offered through the Machine may pose certain health risks and you agree to use these products at your own risk. You agree to waive any and all claims against AgeVend LLC, its affiliates, and its franchisees for any injuries, damages, or health complications that may result from the use of the Machine, Website, or Products.

Compliance with FTC Guides

42. You understand that the Products offered through the Machine may be subject to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and agree to comply with such Guides.

Product Testing

43. AgeVend LLC does not independently test or verify the products offered through the Machine. The lab results and testing information provided on product packaging or advertisements is performed by the vendors and manufacturers of the products. AgeVend LLC holds no liability for the accuracy or completeness of any information provided by vendors or manufacturers on product packaging or advertisements.

Product Representations

44. AgeVend LLC makes no representation or warranty regarding the products offered through the Machine, including but not limited to their safety, efficacy, or compliance with legal or regulatory requirements. Any representations or warranties made by vendors or manufacturers of the products on product packaging or advertisements are the sole responsibility of such vendors or manufacturers.

Release from Liability

45. You release and hold harmless AgeVend LLC from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with the use of the Machine, Website, or Products, including but not limited to any claims related to the accuracy or completeness of information provided by vendors or manufacturers on product packaging or advertisements.

Indemnification

46. You agree to defend, indemnify, and hold harmless AgeVend LLC from and against any claims, actions, or demands, including but not limited to reasonable legal and accounting fees, arising out of or in connection with any inaccuracies or errors in the information provided by vendors or manufacturers on product packaging or advertisements.

Credit Card Processing

47. You understand that all purchases made through the Machine or Website are processed through a third-party credit card processor. You agree to comply with all terms and conditions of the credit card processor and to waive any rights you may have under applicable laws relating to credit card processing, including but not limited to chargebacks or disputes.

No Refunds or Exchanges

48. All sales made through the Machine or Website are final and no refunds or exchanges will be provided. You understand that the Products offered through the Machine are perishable and that AgeVend LLC cannot accept returns or provide refunds or exchanges.

Limited Warranty

49. AgeVend LLC does not provide any warranty or guarantee regarding the Products offered through the Machine, including but not limited to their safety, efficacy, or compliance with legal or regulatory requirements. You understand that the Products are offered “as is” and that AgeVend LLC makes no representation or warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Release from Liability

50. You release and hold harmless AgeVend LLC from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with the use of the Machine, Website, or Products, including but not limited to any claims related to credit card processing, chargebacks, or disputes.

51.  AgeVend LLC (“we” or “us”) uses artificial intelligence technology, specifically ChatGPT, to generate news posts on AgeVend.com (the “Website”) as well as to create syntax across all of our platforms. Although we do our best to proofread generated responses, some material found herein may be AI Generated and not to be considered either accurate or reliable.  By accessing and using the Website, you agree to be bound by these terms and conditions.

    By accessing and using the Website, you acknowledge and agree that the use of ChatGPT and AI technology may result in the generation of unreliable or inaccurate information, and that we will not be liable for any loss or damage arising from the use of such information.

    The information generated by ChatGPT and displayed on the Website may not be reliable or accurate. The use of ChatGPT is intended for general informational purposes only and should not be relied upon as complete or accurate. We do not guarantee the completeness, accuracy, or timeliness of the information provided by ChatGPT.We will not be liable for any loss or damage arising from the use of the information generated by ChatGPT on the Website, including any errors or omissions in the information provided.We reserve the right to make changes to these terms at any time, and your continued use of the Website following any changes will indicate your acceptance of the new terms.

By using the Machine or Website, you acknowledge that you have read and understand these Terms and agree to be bound by them.