Black Feather Whiskey, a d/b/a of Black Feather Spirits, Inc.

Website User Agreement

Effective Date: December 12, 2025

Age Requirement for Site Users

This Website is for use only by individuals who are of legal age to consume alcoholic beverages in the jurisdiction where they reside. Individuals who have not reached legal age to consume alcoholic beverages are prohibited from using this Website in any way.

Agreement Between User and Black Feather Whiskey

The Black Feather Whiskey Website consists of various web pages, including our Privacy Policy, operated by Black Feather Whiskey (sometimes referred to herein as “Black Feather,” “we” or “us’). The Website is made available to you conditioned on your acceptance of all of the terms, conditions, and notices contained herein. Your use of the Black Feather Website constitutes your agreement to all such terms and conditions. Please read this agreement carefully because it includes legally binding terms. In the event that any of the terms, conditions, or notices contained herein conflict with any of the other terms, conditions, or guidelines contained within any other Black Feather Website, then these terms shall control.

Modification of the Term of Use

We reserve the right to add, remove or modify the terms, conditions, and notices under which the Black Feather Website is offered. We will post changes to this Website or elsewhere, as required by governing law. If you do not agree to the changes, please cease using this Website.

Eligibility to Use Website

THE BLACK FEATHER WEBSITE IS INTENDED FOR USE ONLY BY INDIVIDUALS OF LEGAL DRINKING AGE IN THE JURISDICTION WHERE THEY RESIDE. Individuals who have not reached legal drinking age are prohibited from using the Black Feather Website in any way.

No Illegal or Prohibited Use

As a condition of your use of Black Feather Whiskey Website, you warrant that you will not use this Website for any purpose that is unlawful or prohibited by this User Agreement. You further warrant that you will not use the Website in any manner which could damage or impair the Website’s performance or interfere with any other party’s access to and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. Any unauthorized use of this Website or its content may subject you to civil and/or criminal penalties.

User-Submitted Materials

The Black Feather Website may contain materials posted by third parties outside our control including, for example, chat areas, news groups, calendars, and forums. You agree to use the Communication Services only to post, send and receive messages and materials that are properly related to that purpose. By way of example (but never limitation), you agree that when using our Website, you will not:

Defame, abuse, stalk, threaten or otherwise violate the legal rights (including the rights of privacy and publicity) of others;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, infringing, indecent, or unlawful topic, name, material or other information;

Upload files that contain software or other material protected by intellectual property law (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary written consents;

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage or otherwise impair the operation of another’s computer.

Advertise, sell, or offer to sell or buy any goods or services for any business purpose, unless the Communication Service in question expressly allows such messages;

Distribute surveys, contests, pyramid schemes or similar communications;

Download a file by another party that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal notices or any other notices or proprietary designations or labels of origin or source of software or the material contained in a file that is uploaded;

“Data-mine” or otherwise information about others (including names and email addresses), without their written consent; or

Violate any applicable laws or regulations.

Black Feather is not responsible for and has no obligation to monitor content posted by third parties on its Website. Nonetheless, we reserve the right to review and remove any materials at our sole discretion. Black Feather further reserves the right to terminate your access to any or all of the Communications Services at any time without notice for any reason.

We reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental order, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at our sole discretion.

Black Feather does not control or endorse any content, messages or information posted by any third party and specifically disclaims any liability therefor. Black Feather employees are not authorized spokespersons, and their views do not necessarily reflect those of Black Feather Whiskey. Black Feather encourages you to use caution when sharing any personal information about yourself or your family to any Black Feather Website.

Materials Provided to or Posted on Black Feather Website

Black Feather does not claim ownership of the material you provide to Black Feather Whiskey or post, upload, input or submit to the Black Feather Website. However, by posting, uploading, or submitting materials, you are granting Black Feather, its sublicensees and any third parties designated by Black Feather, your consent to use to use the materials in connection with the operation of the Black Feather business including, by way of example, the rights to copy, transmit, distribute, display, create derivative works from, reproduce, edit, and reformat your materials and to publish your name in connection with the submitted materials. Any materials you submit may be used by Black Feather in any manner or format now existing or created in the future, without your further consent or any payment.

Black Feather is not obligated to post or use any materials you submit and may remove your materials at any time without prior notice. No compensation will be paid respecting the use of your materials.

By submitting, posting or transmitting your material, you represent and warrant that you own or otherwise control all of the rights to your materials as described in this paragraph including all of the rights necessary for you to submit, post, upload, input or otherwise provide the materials.

Indemnification

You agree to indemnify and hold the Company and its officers, directors, employees, agents, successors and assigns, harmless from and against any claim or demand, including attorneys’ fees and court costs, due to or arising from the following: (i) materials you submit or provide through the Black Feather Website; (ii) your use of the Website; (iii) your violation of this agreement; and (iv) your violation of any other party’s rights.

Privacy Statement

Certain areas of our Website may require you to provide information to access particular services. Any personal information you provide us is governed by the Black Feather Privacy Policy, which is incorporated herein by reference. The Privacy Policy governs the collection and use of your personal information and the choices you have about the manner in which the information is used.

Links to Third Party Sites

The Black Feather Website contains links to other websites (each, a “Linked Site” and collectively, the “Linked Sites”). The Linked Sites are provided solely as a convenience to you and are not under the control of Black Feather Whiskey. We are not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. We do not make any guarantees, representations or warranties as to the Linked Sites or any type of messaging, email, or any other transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Black Feather Whiskey of the site or any association with its operators.

Limitation of Liability and Disclaimers

The Black Feather Website and all services, information and materials made available through the Website are provided to you “as is” without any express representations or warranties of any kind, and Black Feather, its affiliates and their respective officers, directors, employees, shareholders, or agents disclaim all statutory or implied representations and warranties with respect to the Website and all services, information and materials made available through the Website, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement and title. Black Feather makes no representation or warranty that any particular software or hardware will be compatible with the Website and you hereby agree that it is your sole responsibility to ensure that any software or hardware you use will function correctly with the Website. You agree that you must evaluate, and that you bear all risks associated with, the use of the Website, including any reliance on the accuracy, completeness, or usefulness of any information or materials made available through the Website.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLACK FEATHER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (including, without limitation, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss privacy arising out or related in any way to the use of or inability to use the Black Feather Website, third-party software and/or third-party hardware used by the Website, or otherwise in connection with any provision of this agreement), even if Black Feather or any of its suppliers or affiliates has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In those jurisdictions, some of the above limitations may not apply. In that event, in those states, each party’s liability will be limited to the greatest extent allowed by law. IN THE EVENT YOU ARE DISSATISFIED WITH ANY PORTION OF THE BLACK FEATHER WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE BLACK FEATHER WEBSITE.

Miscellaneous

To the full extent allowed by law, this agreement is governed by the laws of the State of Utah, United States of America, without giving effect to the State’s conflict of laws policies. You hereby consent to the exclusive jurisdiction and venue of the courts in Salt Lake County, Utah, U.S.A. in all disputes arising out of relating to the use of the Black Feather Website or these Terms of Use and waive any jurisdictional, venue or inconvenient forum objection to such courts. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose. Use of the Black Feather Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including this paragraph.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Black Feather or any of its affiliated entities as a result of this agreement or use of this Website.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.

Except as otherwise provided herein, this agreement constitutes the entire agreement between the user and Black Feather Whiskey respecting the Black Feather Whiskey Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Black Feather Whiskey. A printed version of this agreement 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.

Intellectual Property

Contacting Us

If you have any questions regarding the Website or these Terms of Use, please contact us at info@blackfeatherspirits.com.

Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe that materials available on this Website infringe your copyright, you may send Black Feather a notice requesting that we remove the material or block access to it. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send a counter-notice. Notice and counter-notices must meet certain statutory requirements established by the DMCA. Notices and counter-notices should be sent to Black Feather at info@blackfeatherspirits.com.