These Terms of Use (these “Terms”) of El Jugo 33 LLC (together, with its affiliates, “El Jugo,” “we,” or “us”) are an agreement that describes your rights and responsibilities as a El Jugo user. This is a binding contract between you and El Jugo. This page explains the terms by which you may access and use our online services and website (collectively, the “Site”). You must read and agree to these terms before using the El Jugo Site. If you do not agree to these terms in their entirety, you may not use the Site and should immediately leave the Site. You may use the Site only if you can form a binding contract with El Jugo, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The use or access to the Site by anyone under the age of 21, or not of the legal age to purchase alcohol in your country of residence and in the country in which you are accessing the Site, is strictly prohibited and violates these Terms.
By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Policy and Notice (each to the extent applicable, and collectively, the “Agreement”), whether or not you are a registered user of our Site. El Jugo reserves the right to modify these terms and will provide notice of these changes as described below. These Terms apply to all visitors, users, and others who access the Site (“Users”).
PLEASE READ ALL THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
The Site and all content therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “El Jugo Material”), and all intellectual property rights related thereto, are the exclusive property of El Jugo and its licensors. "El Jugo Material" includes, but is not limited to, El Jugo's registered trademarks, service marks, graphics, slogans and logos used in relation to the sale and distribution of El Jugo tequila, mezcal, merchandise, and other products. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from any El Jugo content. Use of the El Jugo content for any purpose not expressly permitted by these Terms is strictly prohibited.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site or any of its services, by email or in any other way. Any information or material you submit that has not expressly been requested by us will be deemed not to be confidential, secret, or proprietary. You agree that any information or materials you submit to the Site, whether ideas, creative concepts or other materials, in any format (including, but not limited to, writings, images, illustrations, audio recordings, and video recordings), may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. We shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be waived or excluded.
Subject to the terms and conditions of these Terms, you are hereby granted a license to use the Site for personal, noncommercial use only as permitted by the features of the Site. The license granted is non- exclusive, limited in use, and non-transferable. El Jugo reserves all rights not expressly granted herein in the Site and the El Jugo Material (as defined above). El Jugo may terminate this license at any time for any reason.
You agree not to engage in any of the following prohibited activities:
The list above only serves to provide examples and is not meant to be an exhaustive list of unacceptable uses of the Site that may result in the restriction, suspension, or termination of your license. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding online conduct and acceptable content. Users also agree to comply with any applicable rules, laws, and regulations regarding the export of any data from any country.
We may, without prior notice, make updates and changes to the Site; terminate accessibility to the Site or features of the Site, to any Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms. Upon termination for any reason, you continue to be bound by these Terms.
By providing us your email address you consent to our use of your email address to send you Site-related communications and notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and special offers, including marketing and promotional offers for El Jugo and its affiliates. If you do not want to receive such email messages, you may opt out; opting out may prevent you from receiving emails regarding updates, improvements, or offers.
El Jugo cannot guarantee that any unauthorized third parties will never be able to infiltrate our security measures or use your personal information for improper use. You acknowledge that you provide your personal information at your own risk.
We do not vouch for any third parties whose goods or services may be accessed or displayed through or on the site. The Site may contain links to third-party materials that are not owned or controlled by El Jugo. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Site or share your personal information on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and El Jugo’s Privacy Policy do not apply to your use of third-party sites. You expressly relieve El Jugo from any and all liability arising from your use of any third-party website, service, or material. You agree that El Jugo shall not be responsible for any loss or damage of any sort relating to your dealings with any third-party.
You represent and warrant that: (a) you have the full power and rights to perform your obligations under these Terms; (b) you will comply with all applicable laws, statutes, ordinances, rules, public order rules, industry codes, and regulations (together, “Applicable Law”) and these Terms when using the Services; and (c) all information provided by you via the Services is complete and accurate in all material respects.
You agree to defend, indemnify and hold harmless El Jugo and its subsidiaries, agents, licensors, managers, owners, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code.
The site is provided on “as is” and “as available” basis, and your use thereof is at your own risk. To the maximum extent permitted by applicable law, the site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non- infringement. We do not warrant that the site will be free from viruses, available, accessible, error-free, uninterrupted, or that the contents will be accurate. Although we take reasonable steps to secure the site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the site will be safe from unauthorized access or use. If you are dissatisfied with the site, your sole remedy is and shall be to discontinue using the site.
To the maximum extent permitted by applicable law, in no event shall El Jugo, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Site. Under no circumstances will El Jugo be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or your account or the information contained therein. To the maximum extent permitted by applicable law, El Jugo assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our site; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the site; and/or (vii) the defamatory, offensive, or illegal conduct of any third party. In no event shall El Jugo, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to El Jugo hereunder or $50.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.
These Terms and any matter related to the Site shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 13 and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EL JUGO. The parties agree to this Section (the “Arbitration Agreement”) which applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly:
(a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof;
(b) access to or use of the Site, including receipt of any advertising or marketing communications;
(c) any transactions through, by, or using the Site; or
(d) any other aspect of your relationship or transactions with El Jugo, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”).
The parties agree that such disputes, controversies and claims as stated above shall be submitted to and decided by binding arbitration in the U.S. County where you live or Delaware unless you and El Jugo agree otherwise. Unless otherwise mutually agreed to by the parties, Arbitration shall be administered by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. You and El Jugo agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, any provision of these Terms, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing El Jugo from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non- representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in full force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND EL JUGO AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER EL JUGO USERS. YOU AND EL JUGO FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EL JUGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by El Jugo without limitation or restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
El Jugo may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by and in the sole discretion of El Jugo. El Jugo reserves the right to determine the means in which El Jugo provides notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. El Jugo is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. El Jugo may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. Your continued use of the Site after any Site changes constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to use or access) the Site.
The Agreement, together with any amendments and any additional agreements you may enter into with El Jugo in connection with the Site, shall constitute the entire agreement between you and El Jugo concerning the Site. Except as otherwise stated in Section 13, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and El Jugo’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.