Terms and Conditions

IMPORTANT NOTICE: WHERE PERMITTED BY APPLICABLE LAW, WHEN YOU AGREE TO THIS AGREEMENT AND THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY CLAIM BETWEEN YOU AND EL JEFE BRANDS LLC THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND WAIVING A JURY TRIAL AND CLASS ACTION RIGHTS. PLEASE READ SECTION 9 and 10 (GOVERNING LAW AND DISPUTE RESOLUTION) CAREFULLY.   

EL JEFE BRANDS LLC TERMS AND CONDITIONS

Effective Date: May 4th, 2025

1. INTRODUCTION

1.1 Agreement to Terms The El Jefe Brands LLC website and business are operated by Supplying Demand, Inc dba El Jefe Brands LLC ("Company," "El Jefe," "we," "us," or "our"). These Terms & Conditions ("Terms") govern all use of our website, subdomains ("Site"), any loyalty or rewards program, the services described herein, and any other websites, pages, features, or content owned and operated by El Jefe that direct to these Terms (collectively, the “Services”). These Terms form a legally binding contract between you and El Jefe, so please read them carefully.

By accessing the Site or using the Services in any manner, including, but not limited to, making a purchase, visiting or browsing our website(s), registering an account, registering for marketing communications, participating in our loyalty program, or contributing content or other materials to the Site, you expressly understand, acknowledge and agree to be bound by these Terms without modification. If you do not agree with them, then you should not use the Services and immediately stop using this Site.   

By using the Services, you also acknowledge that your personal data will be processed in accordance with our Privacy Policy available at El Jefe Brands Privacy Policy, which is incorporated herein by reference and constitutes a part of these Terms.

1.2 Our Satirical Approach El Jefe Brands LLC employs humor, satire, parody, and general absurdity in our marketing. While our products are real and actually function as described in their specifications, our marketing materials often contain intentional exaggerations, ridiculous scenarios, and statements not meant to be taken literally. We are actually selling bottled water and merchandise (t-shirts, hats), not whatever outlandish benefits our marketing may humorously suggest.

By using our site, you acknowledge that you understand our marketing contains satirical elements and humorous exaggerations that are not meant to be taken literally. You agree not to sue us because you didn't actually develop superpowers, become irresistible to potential romantic partners, or achieve enlightenment after using our products. Our satire definitely applies to you.   

REALITY CHECK: While our marketing suggests this water might give you the charisma of the world's most interesting man, legal reality requires us to inform you it's just delicious H₂O in a container. Side effects may include hydration and looking cooler than people drinking from plastic bottles.  To view our complete Satire and Hyperbole notice, please visit: El Jefe Brands Satire and Hyperbole Notice page.

2. ELIGIBILITY AND ACCOUNT SECURITY

2.1 Age Requirements for General Use of Site Subject to the following section on “Age Requirements for Purchases,” registration and participation on the Site is restricted to those individuals at least 16 years of age. We are a general audience site and do not direct any of our content specifically at children under 16 years of age. By using this Site, you affirm that you are at least 16 years of age. If you are under 16 years of age, do not use the Site. If we learn or have reason to suspect that a Site user is not at least 16 years of age, we will promptly delete any personal information in that user’s account.   

2.2 Age Requirements for Purchases You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is older) to purchase Products on the Site. By agreeing to the terms and conditions during the checkout process and/or by completing a purchase, you represent and certify that you meet this age requirement and are legally able to enter into any and all purchase agreements with Company and us and our partners, vendors, agents and service providers.

2.3 Account Responsibility If you create an account on our site, you are responsible for maintaining the security of your account and password. You agree to accept responsibility for all activities that occur under your account. You must immediately notify El Jefe Brands LLC of any unauthorized use of your account or any other breaches of security. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion.   

2.4 Parental Control Filtering Notice Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available online, including at https://www.google.com/search?q=https://www.consumer.ftc.gov/articles/parental-controls.   

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Our Intellectual Property & Proprietary Material Content included on or comprising the Services, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, excluding User Generated Content (collectively “Proprietary Material”) are protected by copyrights, trademarks, patent,or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. El Jefe Brands LLC owns various trademarks, including but not limited to our name, logo, slogans, product names, and distinctive design elements ("Marks"). The satirical nature of our trademarks does not diminish our legal rights to these Marks. All Proprietary Material is copyrighted as a collective work under U.S. and international copyright laws, and El Jefe Brands LLC owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Proprietary Material.   

3.2 Restrictions on Use Our Marks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits El Jefe Brands LLC. This includes our satirical content, creative expressions, distinctive voice, and narrative elements. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the Proprietary Material, in whole or in part. Modification of the materials appearing on the Services or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.   

3.3 Fair Use and Parody We respect the principles of fair use and parody as they relate to intellectual property law.However, third-party content that claims to be parody or fair use but actually causes consumer confusion, dilutes our brand, or unfairly competes with our products may still constitute infringement. El Jefe Brands LLC takes protection of our intellectual property seriously, even while maintaining our irreverent brand identity. We will enforce our intellectual property rights to the fullest extent of the law.   

3.4 U.S. Export Controls Certain software or technical data from the Services may be subject to United States Export Controls. No such software or data from this site may be downloaded or exported contrary to any such laws, which may include prohibitions against download or export (1) into (or to a national or resident of) any country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software or data, you agree to abide by the laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act applicable to such download or use and not to transfer, by electronic transmission or otherwise, any content derived from El Jefe Brands LLC to either a foreign national or a foreign destination in violation of any such laws.   

4. USER-GENERATED CONTENT

4.1 Content Restrictions When submitting reviews, comments, or other content ("User Generated Content" or "User Content"), you agree that you will not: a) Submit material that is unlawful, offensive, defamatory, fraudulent, deceptive,misleading, harmful, threatening, harassing, obscene, or objectionable; b) Impersonate or misrepresent your identity or affiliation with any person or entity; c) Submit material that violates the privacy, publicity, intellectual property, or other rights of third parties; d) Submit material containing viruses, spyware, adware, or other harmful code; e) Submit content for commercial or advertising purposes without our prior written consent; f) Interfere with or disrupt the operation of the Services; g) Attempt to manipulate our review or rating systems through fake reviews, incentivized reviews, or coordinated campaigns; h) Submit irrelevant, off-topic, or redundant content; i) Submit content that is clearly falsifiable or spreads misinformation; j) Use automated systems or software to submit content unless expressly permitted by El Jefe Brands LLC.   

4.2 License Grant You retain ownership of any intellectual property rights you hold in User Content you submit. However, by submitting User Content, you grant El Jefe Brands LLC and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or in part) throughout the world in any media or format, whether now known or hereafter developed, for any purpose, including, without limitation: a) Displaying your User Content on our Services; b) Using your User Content in our marketing and promotional materials; c) Analyzing your User Content for business intelligence and improving our products and Services; d) Promoting our products and services on any platform. This license continues even if you stop using our Services, except where prohibited by law. You agree that Company may publish or otherwise disclose your name in connection with your User Content.   

4.3 User Representations and Warranties When you submit User Content, you represent and warrant that: a) You own all rights to the User Content or have the necessary licenses, rights, consents, and permissions to grant the rights described herein; b) The User Content does not infringe or violate the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; c) You have obtained written permission from any identifiable person who appears in your User Content to use their name and likeness; d) The User Content does not contain malicious code, viruses, or other harmful components; e) The User Content complies with these Terms and all applicable laws and regulations; f) You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free products) or any other incentive (like entering a sweepstakes, or even receiving a coupon) in exchange for posting content (including but not limited to product reviews, Q&A, photographs, and social channels), then this must be disclosed clearly and conspicuously in the same post.   

4.4 Content Moderation El Jefe Brands LLC reserves the right, but does not have the obligation, to monitor, review, filter, modify, refuse, remove, or block any User Content that: a) Violates these Terms; b) Is unlawful, harmful, or offensive; c) Poses a risk to the safety, intellectual property, or reputation of our users, our company, or third parties; d) For any other reason determined by El Jefe Brands LLC in its sole discretion. We take no responsibility and assume no liability for any User Content posted by you or any third-party.   

5. MOBILE MESSAGES PROGRAM

El Jefe Brands LLC offers, or may offer in the future, its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders, back in stock alerts, price drop alerts, low inventory alerts by SMS message (the "Mobile Messages"). By participating in Mobile Messages, you are agreeing to these Terms, and understand the personal data you provide will be processed in accordance with our Privacy Policy.   

5.1 Signing Up and Opting-In to Mobile Messages. Enrollment in Mobile Messages requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old (or the age of majority in your jurisdiction, if higher). Before the Mobile Messages will start, you will need to agree to these Terms. El Jefe Brands LLC has the right to stop offering the Mobile Messages at any time with or without notice. El Jefe Brands LLC also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.   

5.2 By opting into the Mobile Messages, you: a) Authorize El Jefe Brands LLC to use an automatic telephone dialing system or other technology to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). b) Acknowledge that you do not have to agree to receive messages as a condition of purchase. c) Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. d) Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at Info@ElJefeBrands.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.   

5.3 Content You May Receive. Your message frequency may vary. You may receive alerts about promotions, event information, product launch, cart reminders, back in stock alerts, price drop alerts or low inventory alerts.

5.4 Charges and Carriers. When you use Mobile Messages, message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using Mobile Messages. El Jefe Brands LLC may add or remove any wireless carrier from Mobile Messages at any time without notice. El Jefe Brands LLC and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.   

5.5 To Stop Mobile Messages. If you consented to receiving Mobile Messages, to stop receiving text messages from El Jefe Brands LLC, text the word STOP to any time or reply STOP to any of the text messages you have received from El Jefe Brands LLC. This is the exclusive method for opting out. After texting STOP to, you will receive one additional message confirming that your request has been processed. 5.6 Prohibited Activities. When you participate in Mobile Messages, you agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or contains hate speech. You acknowledge that El Jefe Brands LLC may or may not monitor or screen mobile message content you provide, but shall have the right, without obligation and in its sole discretion, to monitor, screen, or refuse any content you make available, including content that violates these Mobile Program Terms. By participating in the Mobile Program from a mobile telephone number, you are representing to El Jefe Brands LLC that the mobile number from which you have used is one for which you are authorized to provide consent to receive mobile messages from El Jefe Brands LLC. You agree that if and before you disconnect or transfer your mobile number, you will send all necessary short codes to El Jefe Brands LLC in order to stop future messages from being sent to that number.   

5.7 Miscommunication. El Jefe Brands LLC is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of the Mobile Program for each mobile message sent. El Jefe Brands LLC reserves the right, in its sole discretion, to cancel or suspend any or all of its Mobile Program, in whole or in part, for any reason, with or without notice to you.   

6. DISCLAIMERS AND LIMITATIONS OF LIABILITY

6.1 DISCLAIMER OF WARRANTIES: While we take pride in our bottled water and merchandise, our sense of humor is considerably more reliable than any warranty we could offer. To be legally clear: EL JEFE BRANDS LLC PROVIDES ALL PRODUCTS AND SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We don't promise our bottled water will make you the life of the party or that our t-shirts will attract potential romantic partners, despite what our marketing may humorously suggest. This doesn't affect any warranties that cannot be excluded under applicable law.   

Without limiting the foregoing, we do not warrant that: (a) the Site or Services will function uninterrupted, secure, or be available at any particular time or location; (b) any errors or defects will be corrected; (c) the Site or Services are free of viruses or other harmful components; or (d) the results of using the Site, Services, or our products will meet your requirements. No oral advice or written information given by El Jefe Brands LLC, nor its affiliates or associates, shall create a warranty. You expressly agree that use of the Services is at your sole risk.   

6.2 LIMITATION OF LIABILITY: By purchasing our products or using our Services, you acknowledge that our marketing contains satirical elements and humorous exaggerations that are not meant to be taken literally. EL JEFE BRANDS LLC AND ITS AFFILIATES SHALL NOT BE LIABLE for any damages arising from your misinterpretation of our obvious jokes, satirical claims, or from taking our ridiculous marketing promises at face value.   

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EL JEFE BRANDS LLC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR OTHERS SIMILARLY SITUATED (COLLECTIVELY, “ASSOCIATES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (iii) ANY CONTENT OBTAINED FROM THE SITE; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 

In no event shall our total liability to you for all claims, damages, losses, and causes of action (whether in contract, tort(including, but not limited to, negligence), or otherwise) exceed the amount you paid to El Jefe Brands LLC for the product(s) giving rise to the claim. Some jurisdictions don't allow the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you. But our satire definitely does.   

6.3 First Amendment Protections The satirical and parodic elements of El Jefe Brands LLC's marketing are protected forms of creative expression under the First Amendment of the United States Constitution. Our use of satire and parody is intended as commentary on social trends, marketing conventions, consumer culture, and other matters of public interest.   

Wyoming law and federal law recognize protected satirical expression, and users acknowledge that claims based on misinterpreting clearly satirical content as literal statements will not form the basis of valid legal claims.   

By purchasing El Jefe Brands LLC products or using our services, you acknowledge that you understand our marketing contains satirical elements and that reasonable consumers would not interpret our humorous statements as literal claims about product benefits, capabilities, or characteristics. You agree that you are purchasing our products based on their actual descriptions and specifications, not based on any humorous or satirical marketing elements.   

7. PAYMENT, SHIPPING, AND RETURNS

7.1 Payment Terms All prices are listed in US Dollars and do not include applicable taxes or shipping fees, which will be added at checkout. We reserve the right to change prices at any time, but changes will not affect orders already placed and confirmed. While we strive to provide accurate product and pricing information, errors may occur. If we discover an error in the price of products you have ordered, we will inform you and give you the option of reconfirming your order at the correct price or canceling it.   

7.2 Shipping, Refunds & Exchanges All purchases of physical items from El Jefe Brands LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.For information about shipping, delivery times, returns, exchanges, and shipping costs please consult El Jefe Brands LLC’s Frequently Asked Questions (FAQs) at FAQ: Frequently Avoided Questions.  Policies listed in our FAQs are directly incorporated into these Terms.   

8. PRODUCT COMPLIANCE

8.1 FDA Compliance Statement Our bottled water products comply with all applicable regulations set by the U.S. Food and Drug Administration (FDA), including Current Good Manufacturing Practices (CGMPs) for bottled drinking water (21 CFR part 129) and standard of identity and quality regulations (21 CFR § 165.110). While we strive to ensure the quality and safety of our products, we do not guarantee that our products will be free from contamination or defects. In the event of a product quality concern, please contact us immediately. (Note: If selling supplements, add similar compliance statements regarding 21 CFR Part 111 and DSHEA requirements.)   

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1 Governing Law The Federal Arbitration Act (“FAA”) and federal arbitration law govern the interpretation and enforcement of Section 9.2 (Agreement to Binding Arbitration) of these Terms, this Agreement, and any related matters or claims (whether for breach of contract, tortious conduct or otherwise) arising under or related thereto. If the FAA is found not to apply to any portion, then the applicable laws of the State of Wyoming shall apply without regard to choice-of-law principles or conflict of laws. The Wyoming Consumer Protection Act (W.S. 40-12-101 through 40-12-114) and other applicable Wyoming state laws shall govern all other aspects of this Agreement and the relationship between El Jefe Brands LLC and its customers not covered by the FAA. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.   

10. DISPUTE RESOLUTION, ARBITRATION, AND WAIVER OF CLASS ACTIONS

IMPORTANT NOTICE: PLEASE REVIEW THIS SECTION CAREFULLY. IT MANDATES THAT BOTH PARTIES ARBITRATE MOST DISPUTES AND RESTRICTS THE WAYS IN WHICH YOU CAN SEEK RELIEF FROM EL JEFE BRANDS LLC. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS FOR MOST DISPUTES. YOU ACKNOWLEDGE THAT ARBITRATION PROCEDURES, INCLUDING DISCOVERY AND APPEAL RIGHTS, MAY BE MORE LIMITED THAN THOSE AVAILABLE IN COURT PROCEEDINGS.

10.1 Informal Dispute Resolution Process

Our goal is to address your concerns efficiently without resorting to formal legal proceedings. Most issues can be resolved quickly and amicably. Therefore, for any dispute or claim you may have against El Jefe Brands LLC or its affiliated entities (collectively, "El Jefe Brands," "Company," "we," or "us"), you agree to first attempt to resolve the matter informally.

To initiate this process, you must send a written Notice of Dispute to Info@ElJefeBrands.com. This Notice must be comprehensive enough for us to identify your relationship(s) with El Jefe Brands and to understand and attempt to resolve your claim. Your Notice of Dispute must include:

• (a) Your full legal name;
• (b) All email addresses you have used when interacting with our Services or communicating with El Jefe Brands;
• (c) Your primary mobile telephone number;
• (d) Your current residential address;
• (e) A detailed explanation of the factual basis of your dispute, along with any supporting documentation or information; and
• (f) A good-faith estimate of any monetary damages you believe you have incurred, as well as a clear statement of the specific relief or outcome you are seeking.

You may have an attorney or another representative assist you in this informal resolution process. Following our receipt of your complete Notice of Dispute, both you and El Jefe Brands commit to engaging in good-faith negotiations for a period of at least sixty (60) days to attempt to resolve the dispute.

You agree that submitting a compliant Notice of Dispute containing all the information specified above, followed by this sixty (60) day good-faith negotiation period, is a mandatory prerequisite before either party can initiate any arbitration or lawsuit (except as otherwise provided herein). A Notice of Dispute that does not contain all the required information will be considered invalid. If you initiate arbitration without first providing a valid and compliant Notice of Dispute and engaging in the required negotiation period, both parties agree that the designated arbitration provider (or the appointed arbitrator) must suspend the arbitration until these preconditions are met. Both parties authorize the arbitration provider or arbitrator to make a summary determination as to whether these notice and negotiation requirements have been satisfied, based solely on these Terms and the submitted Notice of Dispute (if any). All applicable statutes of limitation shall be tolled (paused) while the parties are engaged in this mandatory informal dispute resolution process.

10.2 Agreement to Binding Arbitration

If, after the sixty (60) day informal dispute resolution period described above, we are unable to reach a mutually satisfactory solution, then, except for specific exceptions outlined below, both you and El Jefe Brands agree to resolve any and all claims, disputes, or controversies arising out of, in connection with, or relating to the Services, our Privacy Policy, or these Terms—including but not limited to their formation, interpretation, performance, breach, or alleged breach, and regardless of whether the claim is based in contract, tort, statute, regulation, ordinance, or any other legal theory (collectively, "Claims")—through final and binding arbitration.

The parties acknowledge that these Terms serve as evidence of a transaction involving interstate commerce. All arbitration proceedings conducted under these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.   

Unless a "Mass Arbitration" scenario (as defined below) arises, the parties agree that all Claims shall be conclusively resolved through binding arbitration administered confidentially by JAMS, pursuant to the JAMS Streamlined Arbitration Rules and Procedures then in effect, as modified by these Terms. Specifically, any JAMS rules or procedures that would permit arbitration on a class-wide or representative basis are excluded. The JAMS Rules are accessible at https://www.jamsadr.com/adr-rules-procedures. The location (seat) of the arbitration will be determined according to the JAMS Rules. You or El Jefe Brands may choose to participate in the arbitration in person, or, if mutually agreed upon, remotely via suitable videoconferencing or online technology, as an alternative to a live appearance.

Each party retains the right to be represented by legal counsel in connection with the arbitration, at its own expense. The parties will collaborate to select a single, neutral arbitrator in accordance with the JAMS Rules. Except as explicitly stated otherwise in these Terms, the arbitrator—and not any federal, state, or local court or agency—shall possess exclusive authority to resolve all issues concerning arbitrability, as well as all Claims or issues arising from or relating to the interpretation, applicability, or enforceability of these Terms. This includes, without limitation, any assertion that all or any part of these Terms is void or voidable. The arbitrator is empowered to grant any relief that would be available in a court of law or equity. The arbitrator's decision and award shall be rendered in writing, providing a statement of the essential findings and conclusions upon which the award is based. The award shall be binding on both parties and may be entered as a judgment in any court of competent jurisdiction. For any arbitration conducted before JAMS, the parties hereby adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final arbitration award arising from or related to these Terms.

10.3 Arbitration Costs

If you initiate arbitration, and the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), El Jefe Brands will pay the amount of the filing fee that is over $250.00, provided the arbitrator does not find your claim to be frivolous or brought in bad faith. If El Jefe Brands is responsible for paying this additional portion of the filing fee, you should submit a request for fee payment to JAMS along with your arbitration initiation form, and we will coordinate payment of all necessary fees directly to JAMS. El Jefe Brands will also be responsible for covering all other arbitration costs associated with the proceeding, excluding costs you incur for your own legal counsel, travel, and other personal out-of-pocket expenses not constituting fees or amounts payable to JAMS. You will not be liable for fees and costs incurred by El Jefe Brands if you do not prevail in the arbitration, unless the arbitrator determines that your claim was frivolous or initiated in bad faith. In such a case, the arbitrator may award El Jefe Brands its reasonable attorneys’ fees, expert witness fees, arbitration fees, and/or other costs. El Jefe Brands will also reimburse you, through JAMS, for any portion of the $250 filing fee that exceeds what you would typically have to pay to file a similar lawsuit in a court of law.

10.4 Waiver of Class Actions and Class Arbitrations

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOTH YOU AND EL JEFE BRANDS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY SHALL BRING ANY CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING, INCLUDING PRIVATE ATTORNEY GENERAL ACTIONS.

If applicable law does not permit the waiver of private attorney general claims but allows such claims to be arbitrated, then those specific claims shall be resolved in arbitration. Both you and El Jefe Brands further waive any respective rights to file or participate in a class action lawsuit or to seek relief on a class-wide basis.

If a final judicial determination is made that applicable law prevents the enforcement of the waiver in this paragraph as to any particular claim, cause of action, or requested remedy, then that specific claim, cause of action, or requested remedy will be severed from this arbitration agreement and may be brought in a court of competent jurisdiction. However, the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action, or requested remedies to the fullest extent possible. Should any claim, cause of action, or requested remedy be severed pursuant to this paragraph, you and El Jefe Brands agree that any such non-arbitrable claims, causes of action, or remedies will be stayed (paused) pending the resolution of all arbitrable claims, causes of action, and remedies by the arbitrator. If a court or arbitrator determines that any part of this Agreement to Binding Arbitration cannot be enforced concerning a particular request for public injunctive relief, then that request for public injunctive relief (and only that specific request) must be brought in court and shall be stayed until the arbitrable remedies are resolved.

10.5 Exceptions to Arbitration

Despite the parties' agreement to resolve all disputes through arbitration, either party may initiate an action in a state or federal court that solely asserts claims for:

• Patent infringement or invalidity;
• Copyright infringement or piracy;
• Moral rights violations;
• Trademark infringement; and/or
• Trade secret misappropriation.

Such excluded claims remain subject to the jurisdiction provisions outlined in these Terms.

Furthermore, either party may seek relief in a small claims court for any individual disputes or claims that fall within the jurisdictional scope of that court. If an arbitration proceeding is initiated, and before an arbitrator is formally appointed, either party may provide written notice to the opposing party and the relevant arbitration provider stating its intention to have the case decided by a small claims court. Upon such notice, the arbitration provider may administratively close the case.

10.6 Exception for Mass Arbitration Administered by NAM

Notwithstanding the parties’ agreement for JAMS to administer arbitrations, if twenty-five (25) or more individual demands for arbitration are filed that relate to the same or substantially similar subject matter and share common issues of law or fact, and if the legal counsel for the parties submitting these demands are the same or are coordinating their efforts, both you and El Jefe Brands agree that these demands will collectively constitute a "Mass Arbitration."

If a Mass Arbitration is initiated, both parties agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation ("NAM"), a nationally recognized arbitration provider. The Mass Arbitration will be governed by the NAM rules in effect at the time the Mass Arbitration is filed, as modified by these Terms, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but specifically excluding any rules that would permit arbitration on a class-wide basis (collectively, the "NAM Rules"). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550.

Contrary to any other provision herein, both parties agree that if either party fails or refuses to commence the Mass Arbitration before NAM as required, the other party may seek an order from a court of competent jurisdiction to compel compliance with this Mass Arbitration agreement and to compel administration of the Mass Arbitration before NAM. Pending the resolution of any such requests to a court, both parties agree that all arbitration proceedings comprising the Mass Arbitration (and any obligation to pay associated arbitration fees) shall be stayed. Both parties acknowledge that a failure by either party to comply with this Mass Arbitration paragraph would cause irreparable harm to the other. Accordingly, both parties agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements regarding the provisions of this Mass Arbitration paragraph are resolved by the court.

10.7 30-Day Right to Opt-Out of Arbitration

You possess the right to opt-out of, and not be bound by, the binding arbitration and class action waiver provisions detailed above. To do so, you must send written notice of your decision to opt-out to Info@ElJefeBrands.com. Your opt-out notice must include:

• (i) Your full legal name;
• (ii) Your primary email address (the one associated with your account or interactions with El Jefe Brands);
• (iii) Your current mailing address; and
• (iv) A clear and unequivocal statement expressing your wish not to resolve disputes with El Jefe Brands LLC through arbitration.

This notice must be sent within thirty (30) days of your first use of the Service occurring after the effective date of these Terms. If you do not send this notice within the specified 30-day period, you will be bound to arbitrate disputes in accordance with the terms of these sections. If you choose to opt-out of these arbitration provisions, El Jefe Brands LLC will also not be bound by them with respect to disputes with you.

10.8 Time Limit for Initiating Claims (Term for Cause of Action)

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within two (2) years after such claim or cause of action arose. Any claim or cause of action not filed within this two-year period shall be permanently barred.

10.9 Fallback Jurisdiction for Non-Arbitrable Disputes

To the extent that the arbitration provisions outlined above are found not to apply to a particular Claim, or if you have successfully opted-out of arbitration, both you and El Jefe Brands agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Sheridan County, Wyoming. Both parties agree that any litigation not subject to arbitration shall be filed exclusively in such state or federal courts located in Sheridan County, Wyoming (with the exception of small claims court actions, which may be brought in the county of your residence if otherwise permissible). In the event of any litigation not subject to these binding arbitration terms, both you and El Jefe Brands agree to waive, to the maximum extent permitted by law, any right to bring a class action lawsuit or to have a trial by jury, except where such a waiver is not permissible under applicable law.

11. THIRD-PARTY LINKS

Our website may contain links to third-party websites or services that are not owned or controlled by El Jefe Brands LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that El Jefe Brands LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.   

12. COPYRIGHT AND INTELLECTUAL PROPERTY CLAIMS

12.1 DMCA Compliance El Jefe Brands LLC respects the intellectual property rights of others and expects users of our Services to do the same. We comply with the provisions of the Digital Millennium Copyright Act (DMCA).   

If you believe that your copyrighted work has been used or displayed in a way that constitutes copyright infringement, please send a notification containing the following information to our designated Copyright Agent: a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; b) Identification of the copyrighted work claimed to have been infringed; c) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; d) Your contact information, including address, telephone number, and email address; e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.   

12.2 Copyright Agent Information Our designated Copyright Agent can be reached at:

Copyright Agent El Jefe Brands LLC: 1309 Coffeen Avenue STE 1200 Sheridan, Wyoming 82901

Info@ElJefeBrands.com

11.3 Account Termination for Repeat Infringers It is our policy to terminate, in appropriate circumstances, the accounts or access of users who are repeat infringers of intellectual property rights. We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our Copyright Agent and provide information sufficient for us to verify that the user is a repeat infringer.   

12. INDEMNIFICATION

You agree to release, indemnify, defend, and hold harmless El Jefe Brands LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms or the documents they incorporate by reference; or (4) your violation of any law or the rights of a third-party.  We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.   

13. MISCELLANEOUS LEGAL PROVISIONS

13.1 Entire Agreement These Terms, including any policies or operating rules posted by us on this Site or incorporated by reference (like the Privacy Policy and FAQs), constitute the entire agreement and understanding between you and El Jefe Brands LLC regarding the use of our Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and El Jefe Brands LLC (including, but not limited to, any prior versions of the Terms).   

13.2 Severability If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.   

13.3 Waiver Our failure to exercise or enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of El Jefe Brands LLC.   

13.4 Assignment You may not assign or transfer these Terms (or any of your rights or obligations under this Agreement) without El Jefe Brands LLC's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. El Jefe Brands LLC may freely assign or transfer these Terms without restriction. This Agreement inures to the benefit of and is binding upon the Parties and their respective legal representatives, successors, and assigns.   

13.5 Modification of Terms We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. The revised Terms will be effective on or after the posted date. If wemake a material change to the Terms, we will provide you with notice (e.g., via email if you have provided it, or by posting notice on the Services). It is your responsibility to check these Terms regularly for updates. Your continued use of or access to the Site or Services following the posting of any changes constitutes acceptance of those changes.   

14. CONTACT INFORMATION

Questions about the Terms should be sent to us at Info@ElJefeBrands.com

These Terms were last updated on May 9th, 2025.