STATE 28 WEBSITE TERMS OF USE

Effective Date: August 6, 2026
Last Updated: August 6, 2026

These Website Terms of Use (“Terms”) govern your access to and use of the website located at www.state28.com, together with any related web pages, forms, features, content, or services operated by or on behalf of State 28 (collectively, the “Website”).

As used in these Terms, “State 28,” “we,” “us,” and “our” refer to State 28 Spirits, LLC, and its affiliates, successors, and assigns.

By accessing or using the Website, you agree to these Terms and our Privacy Policy. If you do not agree, do not access or use the Website.

1. Age Requirements

The Website concerns alcoholic beverage products and is intended only for adults of legal drinking age.

You must be at least 21 years old to access alcohol-related portions of the Website, purchase alcoholic beverage products, or submit information in connection with an alcoholic beverage transaction. By using those portions of the Website, you represent that you are at least 21 years old.

We do not market or sell alcoholic beverage products to anyone under the age of 21. We reserve the right to require age verification and to deny access, service, or fulfillment when age or identity cannot be verified.

You must not share Website content intended for adults with anyone under the legal drinking age.

2. Informational Purposes

The Website provides information about State 28 and its story, products, initiatives, programs, events, merchandise, and related activities.

Website content is provided for general informational and promotional purposes. Although we strive to keep information accurate and current, we do not warrant that descriptions, images, pricing, availability, release dates, specifications, or other Website content will always be complete, accurate, or current.

Nothing on the Website constitutes legal, tax, financial, medical, nutritional, or other professional advice.

3. Responsible Consumption

State 28 supports the lawful and responsible enjoyment of alcoholic beverages.

Do not drink and drive. Do not consume alcohol if you are underage, pregnant, taking medications that interact with alcohol, or otherwise unable to consume alcohol safely or legally.

Product descriptions, serving suggestions, recipes, photographs, and other content are not intended to encourage excessive or irresponsible consumption.

4. Products, Purchases, and Availability

Certain products or services may be offered for purchase through the Website or through a third-party retailer, marketplace, payment processor, fulfillment provider, distributor, or licensed alcoholic beverage seller.

All purchases are subject to:

  • Product availability;

  • Applicable age and identity verification;

  • Applicable federal, state, and local laws;

  • Geographic and shipping restrictions;

  • Taxes, fees, and delivery charges;

  • Additional checkout, retailer, payment, shipping, return, or fulfillment terms; and

  • Our right, or the seller’s right, to reject or cancel an order.

The display of a product does not guarantee that it is available for purchase or lawful for delivery to your location.

Alcoholic beverage transactions may be completed by an independent, properly licensed third party. When that occurs, the third party—not State 28—may be the seller of record and may independently determine whether an order can be accepted, fulfilled, shipped, delivered, returned, or refunded.

We reserve the right to correct pricing or product-description errors and to cancel orders affected by an error, even after an order confirmation has been issued, subject to applicable law.

You agree to provide complete, accurate, and current billing, shipping, contact, and account information.

5. Shipping and Delivery of Alcohol

Alcoholic beverage products may be shipped or delivered only where permitted by law.

A person who is at least 21 years old may be required to:

  • Place the order;

  • Be present at delivery;

  • Present valid government-issued photo identification; and

  • Sign for the delivery.

Alcohol deliveries will not be left unattended where an adult signature is required. Orders may be delayed, refused, rerouted, or returned when legal, carrier, weather, verification, or delivery requirements cannot be satisfied.

Additional restrictions imposed by a licensed seller, distributor, fulfillment provider, or delivery carrier may apply.

6. Accounts and Account Security

Certain Website features may allow or require you to create an account.

You are responsible for:

  • Providing accurate account information;

  • Maintaining the confidentiality of your username and password;

  • Restricting access to your account and devices; and

  • All activity conducted through your account.

You must promptly notify us at https://state28.com/contactif you believe your account or credentials have been compromised.

We may suspend or terminate an account that contains inaccurate information, is used unlawfully, or violates these Terms.

7. Email and Other Communications

When you submit your email address or other contact information, you may have the opportunity to receive news, product information, launch announcements, invitations, promotions, and other communications from State 28.

You may unsubscribe from promotional emails by using the unsubscribe link included in the message. Unsubscribing from promotional messages will not prevent us from sending transactional, administrative, security, order-related, or legally required communications.

You agree that information you submit through the Website is accurate and that you are authorized to provide it.

8. Surveys, Forms, and User Submissions

The Website may allow you to submit survey responses, inquiries, comments, ideas, feedback, photographs, testimonials, designs, names, stories, or other materials (“Submissions”).

You retain ownership of original content you submit. However, by voluntarily submitting content to us, you grant State 28 a worldwide, nonexclusive, royalty-free, transferable, sublicensable license to use, reproduce, store, adapt, publish, display, and distribute that Submission for the purpose for which it was provided and for our legitimate business, promotional, research, and operational purposes.

This license does not authorize us to publicly identify you in connection with a Submission unless:

  • You have given permission;

  • The nature of the submission reasonably contemplates attribution; or

  • Disclosure is otherwise permitted by law and our Privacy Policy.

You represent that:

  • You own or control the rights necessary to submit the material;

  • The Submission is accurate to the best of your knowledge;

  • The Submission does not violate another person’s rights;

  • The Submission is not unlawful, defamatory, deceptive, threatening, obscene, or malicious; and

  • The Submission does not contain unauthorized advertising, malware, or harmful code.

Do not submit confidential business information, trade secrets, creative concepts, product ideas, or other information you expect us to treat as confidential unless we have entered into a separate written confidentiality agreement.

9. Permitted Use

You may use the Website only for lawful, personal, and noncommercial purposes, unless we expressly authorize another use in writing.

You must not:

  • Violate any applicable law or regulation;

  • Misrepresent your identity, age, authority, or affiliation;

  • Purchase or attempt to purchase alcohol while underage;

  • Use the Website to facilitate an unlawful resale or transfer;

  • Interfere with the Website’s operation or security;

  • Introduce malware, viruses, or harmful code;

  • Attempt to gain unauthorized access to systems or data;

  • Scrape, harvest, crawl, or extract Website content or personal information through automated means without permission;

  • Circumvent access, age-verification, security, or usage controls;

  • Copy, modify, distribute, sell, license, or commercially exploit Website content without permission;

  • Impersonate State 28 or falsely suggest our endorsement;

  • Use our trademarks in advertising, keywords, domains, usernames, or social media handles without permission; or

  • Use the Website in a manner that could damage State 28, its partners, or other users.

10. Intellectual Property

The Website and its contents—including the State 28 name, logos, marks, taglines, bottle and packaging concepts, designs, graphics, photographs, videos, music, audio, text, product names, program names, trade dress, software, and other materials—are owned by, licensed to, or used with permission by State 28.

They are protected by trademark, copyright, trade-dress, unfair-competition, and other intellectual-property laws.

State 28™, Spirited Independence™, and other associated names, logos, symbols, program names, and designs are trademarks of State 28. Nothing in these Terms grants you ownership of or a license to use our intellectual property except for the limited right to access and view the Website in accordance with these Terms.

You may not use, reproduce, alter, publish, distribute, display, or create derivative works from Website content without our prior written permission.

11. Copyright Concerns

If you believe material on the Website infringes your copyright, please provide a written notice containing:

  • Your name and contact information;

  • Identification of the copyrighted work;

  • Identification and location of the allegedly infringing material;

  • A statement that you have a good-faith belief the use is unauthorized;

  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act for the copyright owner; and

  • Your physical or electronic signature.

Send notices to:

State 28 Spirits, LLC
Attn: Copyright Contact
1525 US Highway 380, STE 500-272
Frisco, TX 75033-0174
copyright@state28.com

12. Third-Party Websites and Services

The Website may link to or integrate with third-party websites and services, including social media platforms, analytics providers, email providers, retailers, payment processors, shipping providers, event platforms, or other business partners.

State 28 does not control and is not responsible for third-party content, security, availability, products, privacy practices, or terms. Your use of a third-party service is governed by that provider’s own terms and policies.

A link or integration does not necessarily imply that State 28 endorses the third party.

13. Promotions and Events

Sweepstakes, contests, giveaways, loyalty initiatives, events, and other promotions may be governed by separate official rules or terms.

If separate rules conflict with these Terms regarding a particular promotion or event, the separate rules will control for that promotion or event.

Participation may be limited by age, geography, eligibility, availability, and applicable law. No purchase is necessary where prohibited by law.

14. No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT, FEATURES, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

STATE 28 DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, STATE 28 AND ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, DISTRIBUTORS, AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, STATE 28’S TOTAL LIABILITY FOR CLAIMS ARISING FROM OR RELATING TO THE WEBSITE WILL NOT EXCEED THE GREATER OF:

  1. The amount you paid directly to State 28 through the Website during the six months preceding the event giving rise to the claim; or

  2. One hundred U.S. dollars ($100).

These limitations apply regardless of the legal theory asserted and even if a remedy fails of its essential purpose.

Nothing in these Terms limits liability that cannot lawfully be limited or excluded.

16. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless State 28 and its affiliates, owners, directors, officers, employees, agents, licensors, and service providers from claims, liabilities, losses, damages, judgments, costs, and reasonable attorneys’ fees arising out of or relating to:

  • Your violation of these Terms;

  • Your unlawful or improper use of the Website;

  • Your Submissions;

  • Your violation of another person’s rights; or

  • Information or representations you provide through the Website.

17. Suspension and Termination

We may suspend, limit, or terminate your access to all or part of the Website at any time when we reasonably believe that:

  • You violated these Terms;

  • Your use presents a security, legal, or operational risk;

  • Suspension is required by law or a service provider; or

  • The Website or relevant feature is being discontinued.

Provisions that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules.

Subject to any applicable arbitration provision added to or incorporated into these Terms, any legal action arising from or relating to the Website or these Terms must be brought in the state or federal courts located in Denton County, Texas, and you consent to the personal jurisdiction of those courts.

19. Changes to These Terms

We may update these Terms periodically. When we do, we will post the updated version on the Website and revise the “Last Updated” date.

Changes become effective when posted unless a later effective date is stated. Your continued use of the Website after the effective date constitutes acceptance of the revised Terms.

20. Miscellaneous

These Terms and the Privacy Policy constitute the agreement between you and State 28 concerning your use of the Website, except where separate terms apply to a transaction, promotion, program, or service.

If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

Our failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, financing, reorganization, sale of assets, change of control, or operation of law.

Headings are provided for convenience only.

21. Contact Us

Questions about these Terms may be directed to:

State 28 Spirits, LLC
1525 US Highway 380, STE 500-272
Frisco, TX 75033-0174
Email: info@state28.com