TERMS AND CONDITIONS

Welcome to www.mineragua.com (the "Website"). This Website is owned and operated by Tipp Distributors, Inc. (doing business as Novamex) and is subject to these terms and conditions (the "Terms of Use") and our privacy policy (the "Privacy Policy").

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE WEBSITE. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO THESE TERMS OF USE, PLEASE STOP USING OR ATTEMPTING TO USE THE WEBSITE. BY USING THE WEBSITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Our Website includes all web pages within the Website and any backup, mirror, replacement or substitute sites or pages we make available and unless otherwise stated, the term Website means and includes each and every feature, function, service, activity, promotion, the "look and feel" of, and all content and information on our Website ("Content"). Certain features of the Website may have separate terms and conditions and/or privacy policies. Your use of such features will be governed by those separate agreements.

In these Terms of Use, we will refer to Tipp Enterprises, L.P., doing business as Novamex, as well as Tipp Distributors, L.P. and their respective affiliates, suppliers, distributors and agencies, individually and/or collectively as "we," "us" or "our," and we will refer to users of our Website as "users" or "you" or "your" to make reading these materials easier. When you see the word "use" or "using," we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on our Website, for any purpose, or if you try to do any of these things. For the purposes of the Terms of Use, Website shall not include any Mineragua account or presence existing on a third-party site or app that we maintain (e.g., our social media accounts) as those third parties have their own governing terms and conditions and policies. See Section 5 below for more information on third-party sites and apps.

1. Ownership and Use of the Website and Our Content

We own all rights to the Website and we own or have the rights to use all the Content on our Website, all of which is legally protected, without limitation, under U.S. federal and state laws and regulations, and international treaties and so long as you comply with these Terms of Use, we will grant you a limited right to use the Website, but we reserve and retain all other rights. You may only use Content for your own personal use and you have no right to transfer, assign or use Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or any other consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate or broadcast Content that is not yours, without our express prior written consent. You are also not permitted to alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with someone else. Unauthorized or prohibited use of Content (or our Website) may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.

2. Your Conduct on Our Website; Your Account

You may not use our Website in any manner or for any purpose that is illegal, infringing on anyone else's rights, is in breach of these Terms of Use or would otherwise interfere with or disrupt our normal operation of the Website or any user's use or experience using our Website. Without limiting these conditions, you are not allowed to use our Website for advertising or any form of solicitation, post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material. You also are not permitted to alter or attempt to alter our Website in any way or interfere with its function, operation or any devices, software or communications related to our Website and if you do (or attempt to do so), you will be in breach of these Terms of Use.

An account may be required to access and use some features of the Website. To create an account, you must be over the age of eighteen (or over the age of thirteen with parental permission), have a valid email address, and provide truthful and accurate information. You must be eligible to use the feature for which you are registering. Some features may require creation of a "user name." User names are tied to your account. You may not use a user name that is used by someone else, is vulgar or offensive, or otherwise violates these Terms of Use. You are solely responsible for all activity on your account. Your account may be terminated if someone else uses it to engage in activity that violates these Terms of Use or is otherwise improper or illegal. You should not reveal your account password to others. We will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions

If, for any reason, we believe, suspect or are notified of any act, omission or circumstances which may or could: (i) compromise or endanger the health, well-being or safety of any person; (ii) cause or lead to damage to persons or property (tangible or intangible); (iii) adversely affect, infringe upon or misappropriate the rights of others; (iv) harass or interfere with any other user or person, firm or enterprise; (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities; (vi) breaches or violates our Terms of Use, including our Privacy Policy, our Website and/or Content; or (vii) violates any law or regulation, we have the right, reserving all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

3. Your Material (User Generated Content)

Although you or, if not you, the owner, retain ownership rights to anything you post, submit, upload or otherwise provide to us (your "material") (whether through the Website or our branded pages on social media channels, such as Instagram, Vine and Facebook), when you do so are giving us an unconditional, unrestricted and irrevocable right to use your material in any form, in or on any media, now known or later developed, forever and without notice or compensation to you of any kind (subject to the terms and conditions of any such third-party social media platforms, such as Instagram, Vine and Facebook). We can create derivative works, adapt, translate and essentially do whatever we find appropriate in the context of our business and operations, including use for advertising, promotional or informational purposes.

We do not prescreen all User Generated Content and do not endorse, approve, or prescreen any materials that you and other users may contribute to us through the Website or using any other channel, such as email or a third-party site or app (e.g., Instagram, Facebook, Vine). You are personally responsible for all materials you contribute to us. Furthermore, you represent and warrant to us that any materials you contribute to us will comply in full with the terms and conditions contained in this document.

We reserve the right (but have no obligation) to remove, block, edit, move or disable User Generated Content that is objectionable to us for any reason. The decision to remove User Generated Content at any time is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for User Generated Content or for any failure to or delay in removing any User Generated Content. IF YOU BELIEVE ANY USER GENERATED CONTENT ON THE WEBSITE INFRINGES YOUR EXCLUSIVE COPYRIGHT, NOTIFY US PURSUANT TO SECTION 7 BELOW.

If the feature on which you contribute material permits other users to access and use that material, then you also grant all other users of the relevant feature the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your material on or through the relevant feature without further notice, attribution, or compensation to you.

You represent and warrant that the material(s) that you submit:

The material that you submit must not contain any content that:

4. We Respect Your Privacy

Any personal data (for example, your name, address, telephone number or email address) we obtain as a result of your use of the Website will be used in accordance with our Privacy Policy. However, if we obtain or you post or otherwise make available information to the public, whether included in any material you provide, communications you initiate or otherwise, such information will not be considered or treated as confidential or proprietary. Please review Privacy Policy carefully, since it is part of the Terms of Use and your agreement with us.

5. Links to Third-Party Sites and Apps

If you see or use any links or conduits on our Website which allow you to browse, redirect or visit any third-party websites, web pages, apps, or other Internet or web-based locations, that does not mean we are associated with, or have endorsed, or reviewed those third-party sites, apps, or pages. We have no obligation, responsibility or liability to you or anyone else if you go to another website, page, app, or address outside our Website, even if a link on our Website allowed you to do so. When you leave our Website, you should review the terms and conditions, privacy and other policies that apply to you since we do not control or have any responsibility for any third-party sites or apps, their practices or anything associated with their operations. In fact, even if another website, app, or web page has our name, logo or other identification associated with us, it may not be authorized by us and you should not assume it is our Website, unless we actually say so.

If you choose to correspond or engage in transactions with any other person, organization or business found on or through our Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information and the terms and conditions applicable to any transaction between you and such third party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on this Website.

6. Disclaimers; Exclusions of Liability; Indemnities

We do not represent or warrant that any Content on our Website is or will be accurate, complete or up-to-date, nor are we responsible or liable for your material or any postings, transmissions or other communications involving you or others unless we explicitly assume responsibility and notify you to that effect. You, not us, are solely and fully responsible for any damages or liability, civil or criminal, that arises or results from your use of our Website, your activities and conduct, including any material you make available or submit.

OUR WEBSITE AND ALL CONTENT IS SUBJECT TO CHANGE AT ANY TIME AND IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

YOUR USE OF OUR WEBSITE AND ANY OF OUR BRANDED PAGES ON THIRD-PARTY WEBSITES AND/OR APPS (E.G., FACEBOOK, INSTAGRAM, VINE) IS COMPLETELY AT YOUR OWN RISK. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING OUR WEBSITE OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.

IN NO EVENT SHALL WE, OR ANY OF OUR OTHER PARTIES INVOLVED IN CREATING, PRODUCING OR MAKING THE WEBSITE AVAILABLE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR WEBSITE AND ANY OF OUR BRANDED PAGES ON THIRD-PARTY WEBSITES AND/OR APPS (E.G., FACEBOOK, INSTAGRAM, VINE), CONTENT OR YOUR ACCESS OR USE (OR ATTEMPT AT THESE), REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.

Some jurisdictions may not allow the exclusion of certain implied warranties or certain damages, so some of the above exclusions may not apply to you, but in that case, only to the extent, limited or restricted by the laws or regulations that apply to you.

You shall indemnify us, our directors, officers and employees, from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms of Use, or the violation of any law, regulation or the infringement of any rights of any other party, by you or anyone acting under or through you ("Claim"). We have the right to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us if we ask you to do so.

7. Digital Millennium Copyright ("DMCA") Information

If you are a copyright owner or an agent thereof and believe that any posting or other content on our Website infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

Our Copyright Agent designated to receive notifications can be contacted using the contact form on this site. For clarity, only DMCA notices should go to the Copyright Agent.

8. Governing Law; Resolving Disputes

You agree that these Terms of Use and any dispute arising out of or relating in any way to these Terms of Use or otherwise in connection with our Website or your use of our Website, shall be governed and construed in accordance with the laws of the State of Texas applicable to parties and contracts made and wholly performed in the State of Texas and you agree the Uniform Computer Information Transactions Act does not apply to our Terms of Use. Any dispute between you and us shall be resolved exclusively by confidential binding arbitration under the International Arbitration Rules of the American Arbitration Association except that nothing herein shall prevent us from seeking and obtaining an injunction or other equitable relief from a court of competent jurisdiction, in the event of a breach or threatened breach of these Terms of Use.

9. We Can Change Our Terms of Use Any Time

We reserve the right, any time and from time-to-time, for any reason in our sole discretion, to change our Website, as well as any and/or all the terms of the Terms of Use that apply to you. We will post or display a notice of material changes to any of our Terms of Use on our Website and, once we post them, these changes will become effective on the date specified. If you use our Website after the changes become effective, it means you are agreeing to be bound by the changes. You should check on a regular basis so you are aware of the current Terms of Use that apply to you.

10. General

Our Terms of Use, together with our Privacy Policy, which is incorporated and form part of these Terms of Use is the entire agreement you have with us regarding our Website, Content and other subject matter set forth herein and supersedes any and all prior or inconsistent understandings that may apply to the subject matter. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of our Terms of Use. Headings are for reference and shall not affect the meaning of any term or condition. Our failure or delay in enforcing or exercising any right, does not constitute a waiver of that or any other right, now or in the future. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms of Use, including our Privacy Policy, our Website, Content or otherwise with respect to the subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

Copyright © 2013 Tipp Distributors, Inc.(dba Novamex). All Rights Reserved.

PRIVACY POLICY

THIS IS THE WWW.MINERAGUA.COM PRIVACY POLICY, WHICH IS INCORPORATED INTO OUR TERMS OF USE AND TOGETHER WITH ANY OTHER TERMS WE REFER TO IN THESE MATERIALS, FORMS A PART OF YOUR LEGAL AGREEMENT WITH US. PLEASE READ THIS PRIVACY POLICY CAREFULLY, SINCE IT DESCRIBES THE TYPES OF INFORMATION WE COLLECT, HOW WE COLLECT AND USE INFORMATION, THE CIRCUMSTANCES IN WHICH WE DISCLOSE OR SHARE INFORMATION AND HOW YOU CAN ACCESS, UPDATE AND CORRECT CERTAIN INFORMATION WE HAVE OBTAINED ABOUT YOU.

Any terms not defined in this Privacy Policy are defined in our Terms of Use. If you have questions about this Privacy Policy, please feel free to contact us using the contact form on this site.

1. Information Collected

We and our operational service providers (see Disclosure of Information to Third Parties in Section 5 below) collect certain non-personally identifiable information from you when you visit our Website (see Cookies and Other Internet Technology in Section 4 below). We only collect Personal Information from you when you submit it to us or provide it to us, such as when you create an account on our Website or email us. We use the term "Personal Information" to refer to any information you provide in connection with your use of any of our Website by which you can be personally identified. Personal Information may include, without limitation, such things as your name, screen name or handle, date of birth, email address, a photograph, a video, and any other information which might reasonably be used to identify you.

Unless you voluntarily provide or send us Personal Information, we will always ask you to submit or provide it to us before collecting your Personal Information, although you may not be able to use certain Content if you choose not to provide your Personal Information. If you provide or submit your Personal Information to us we will always give you the right to review, update and/or delete your Personal Information, subject to our obligations to comply with legal, regulatory, our internal audit and record-keeping requirements.

2. Our Use of Your Information

Any of the information we collect from you may be used in one or more of the following ways: to personalize your experience (your information helps us to better respond to your individual needs); to improve our Website (we continually strive to improve our Website offerings based on the information and feedback we receive from you); to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs); to process transactions or respond to other requests you may have; to administer a site feature; or to send periodic emails, in some cases containing offers or information we believe may be of interest. The email address you provide may be used to send you information, respond to inquiries and other requests or questions.

Note: If at any time you would like to unsubscribe from receiving future marketing emails from us unrelated to the times we retain the right to contact you as described in our legal agreement with you, we include detailed unsubscribe instructions in those email communications, as required by law.

3. Protection of Your Information

We maintain reasonable standards of security and confidentiality. We also try to limit information access to individuals who need to have such access to perform their responsibilities associated with our Website and the Content on our Website. The Internet, however, and communications cannot be guaranteed to be secure and it is possible that others may unlawfully intercept or access information, transmissions or communications to, from or within our Website. By using the Website, you are agreeing to assume this risk and any and all responsibility and liability that may arise. If you have questions or concerns about the security of the Website, you may contact us using the contact form on this site.

4. Cookies and Other Internet Technology

When you access our Website, we and our operational service providers and others who host our Website often use technology that can recognize, collect and/or transmit information that is associated with you, but which do not personally identify you. Although the term "cookie" specifically refers to a small text file that is stored on a user's computer for record-keeping purposes, we will use the term "cookie" to refer generically to any technology that can recognize, collect and/or transmit information about your visits to our Website. This type of information includes, but may not be limited to, the Internet or web domain that referred you, the type of operating system and browser you are using, the date and time of your visit, data relating to activities on our Website (e.g., so-called ‘clickstream' data) and other technological attributes about your visit to our Website. This information is used to analyze trends, administer our Website, track user movements on our Website, gather aggregate demographic information about visitors so we can continually improve our Website.

Cookies also allow our Website, among other things, to recognize your computer or access device each time you visit and cookies can keep count of how often you return. Cookies can also track how you use our Website, your preferences for features and functions and cookies can store information such as your user name and password so you don't have to reenter them each time you return to visit. Cookies don't personally identify you or any particular user or individual.

Depending on the Internet browser you are using, you may be able to disable or turn certain cookie features off by changing the settings on your browser and you may also be able to change the settings to stop your browser from automatically accepting cookies. Although changing these settings may not affect your ability to browse, it may affect your ability to use certain features and functions of our Website and it may also require you to reenter certain information each time you visit or attempt to use our Website. You should consult the operating instructions that apply to your Internet browser to determine how to best configure your browser settings for your needs.

5. Disclosure of Information to Third Parties

We do not sell, rent, lease, provide or otherwise disclose your Personal Information to unaffiliated entities. We will always let you know if we intend to provide any of your Personal Information to a third party and we will ask you to consent ("opt-in") whenever we intend to do so.

We always have the right to disclose your Personal Information to any third party we engage for the purpose of administering, operating, configuring Website design, maintaining and providing internal support for our Website and Content. These third parties are called "operational service providers." They provide support to our Website operations and activities and/or for Website design, development, hosting and operations. We always request that our operational service providers protect your privacy and not disclose your Personal Information to third-party marketers that are not associated with our Website, nor are they permitted to use your Personal Information for their own marketing or promotional purposes.

We also reserve the right to make your Personal Information available:

We reserve the right to disclose your non-personally identifiable visitor information to third parties for marketing, advertising, or other uses.

6. Links to Third-Party Sites and Apps

If you see or use any links or conduits on our Website which allow you to browse, redirect or visit any third-party websites, web pages, apps, or other Internet or web-based locations, that does not mean we are associated with or have endorsed, or reviewed those third-party sites, apps, or pages. We have no obligation, responsibility or liability to you or anyone else if you go to another website, app, page or address outside our Website, even if a link on our site allowed you to do so. When you leave our Website, you should review the terms and conditions, privacy and other policies that apply to you since we do not control or have any responsibility for any third-party sites or apps, their practices or anything associated with their operations. In fact, even if another website, app, or web page has our name, logo or other identification associated with us, it may not be authorized by us and you should not assume it is our Website, unless we actually say so.

If you choose to correspond or engage in transactions with any other person, organization or business found on or through our Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information and the terms and conditions applicable to any transaction between you and such third party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on this Website.

7. California Online Privacy Protection Act Compliance

Residents of the State of California, under the California Civil Code, have the right to request, from any company with which they have an "established business relationship," a list of all third parties to which such company has disclosed their personal information during the preceding year for direct marketing purposes. Alternatively, the law provides that if such company has a privacy policy that gives either an "opt-out" or "opt-in" choice for use of personal information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide California residents with information on how to exercise their disclosure choice options.

If you register, create an account or otherwise indicate you wish to interact with us on a regular basis (i.e., not merely a visitor to our site), to the extent we would be deemed to have an "established business relationship" with you, and if you are a California resident, we qualify for the alternative option: we have a comprehensive Privacy Policy and provide you with details on how you may either decline to permit ("opt-out") or consent ("opt-in") to use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

If you are a California resident and request information about how to exercise your third-party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Send an email to the Privacy Administrator using the contact form on this site.

8. Children's Privacy and Parental Controls

Our Website is not intended for, nor do we solicit any Personal Information from children. If you are between the ages of 13 and 18, you are not authorized to register, create an account or use our Website unless you have your parents' or legal guardian's permission. If you are under the age of 13, you are not permitted to register, create an account or use our Website unless we have obtained verifiable consent from your parent or legal guardian. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.

9. Online Privacy Policy Only

This online privacy policy applies only to information collected online and not to information collected offline.

10. Terms of Use

Please also visit our Terms of Use, which establish the use, disclaimers, and limitations of liability governing the use of our Website.

11. Changes to Our Privacy Policy

If we decide to change our Privacy Policy, we will post those changes on this page, send an email notifying you of any changes (if you have provided us with your email), and/or update the Privacy Policy modification date listed at the top of this page.

12. Contacting Us

If you have any questions regarding this Privacy Policy you may contact us using the contact form on this site.

Copyright © 2013 Tipp Distributors, Inc. (dba Novamex). All Rights Reserved.