Terms of use

TERMS OF USE AGREEMENT.

Effective: 01/01/2023

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS REGARDING YOUR USE OF THE Victorioso Mezcal WEBSITE LOCATED AT https://victoriosomezcal.com/

The use of this website and services on this website provided by https://victoriosomezcal.com/ (“Company”) are subject to the following Terms & Conditions (“Agreement.”). This Agreement shall govern the use of all pages on this website (“Website”) and any services provided by or on this Website (“Services”).

Definitions.

The parties to this Agreement shall be defined as follows:

ASSENT & ACCEPTANCE.

By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website to you if you assent to this Agreement.

ACCESS TO THIS WEBSITE.

You must be twenty-one (21) years or older to use this Website. If you are under twenty-one (21) years of age, you are not permitted to access this Website for any reason. By using this Website (and, thus, agreeing to the Terms and Conditions) you warrant and represent that you are at least twenty-one (21) years of age. All content, offers and promotions on this Website are intended for legal use and may not be used or discussed in a manner that is illegal. As the consumer, it is your responsibility to know your local, state and federal laws regarding use. You agree that Company shall not be responsible for any liability arising from the alleged illegality of products offered to you via this website. Any governmental employee, agency, or agent must identify themselves to the operators of Company upon their entering the Website. The shipper reserves the right to request a scan of any customer’s photo ID for age verification before shipping any item.

License TO USE WEBSITE.

The Company may provide you with certain information as a result of your use of the Website. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of the Website (“Company Materials”). Subject to this Agreement, the Company grants you a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with your use of the Website. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.

INTELLECTUAL PROPERTY.

You agree that the Website, all content on the Website (including all designs, texts, graphics, pictures, video, information, and their selection and arrangement), and all Services provided by the Company are the exclusive property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company. You may not use, replicate, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, any Company IP without our prior written consent, which may be withheld in our sole discretion. For so long as you are eligible to use the Website and you act in accordance with the terms of this Agreement: (i) You are granted a limited license to access and use the Website solely for your personal non-commercial use; and (ii) You are granted a limited license to access, use, download, or print a copy of any portion of the website content to which you have properly gained access solely for your personal non-commercial use. You must never download or republish any website content or Company IP on any Internet website and you must not incorporate any related information into any other database or compilation; and, any other use of the website content or Company IP is strictly prohibited. Such limited license is subject to all terms of this Agreement. Any use inconsistent with this Agreement shall result in termination of all licenses granted herein. In addition, the Company will take legal action in connection with any violation of this Agreement. Any use of the Website, Company IP, or any website content, other than as may be specifically authorized herein, without our prior written consent (which may be withheld in our sole discretion), is strictly prohibited. Such unauthorized use might also violate applicable laws, including copyright or trademark laws and communications statutes and regulations. This Agreement does not purport to transfer any license to any intellectual property right, whether by grant, estoppel, implication, or otherwise. At any time and from time to time, and without your consent, we may unilaterally revoke any license that we grant, in our sole discretion and without any notice or cause.

User OBLIGATIONS.

As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy and security of this information. You must not share your identifying user information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

ACCEPTABLE USE.

You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website or general business of the Company.

PRIVACY INFORMATION.

Our policies relating to the privacy of any information gathered or transmitted on our Website are included in our Privacy Policy, which is fully incorporated herein by reference. By continuing to use the Website, you agree to be bound by our Privacy Policy and all future amendments, modifications, and changes thereto.

ASSUMPTION OF RISK.

You acknowledge and agree that any information posted on our Website is not intended to be legal advice or medical advice, and no fiduciary relationship has been created between you and the Company. The Company does not assume responsibility or liability for any advice or other information given on the Website.

Sale OF GOODS/SERVICES.

The Company may allow third parties to offer goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.

REVERSE ENGINEERING & SECURITY.

You agree not to undertake any of the following actions:

DATA LOSS.

The Company does not accept responsibility for the security of your account or content. You agree that your use of the Website is at your own risk.

INDEMNIFICATION.

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

SPAM POLICY.

You are strictly prohibited from using the Website for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

THIRD-PARTY LINKS & CONTENT.

The Website may provide links to other websites that are not within our control and have different privacy provisions. You agree that the Company is not responsible or liable for any loss or damage caused as a result of your use of any third-party services that may be linked from our Website now or in the future. The Company provides third-party links as a convenience only and does not sponsor or endorse any of these sites or their contents. Company is not responsible for the content of and does not make any representations or warranties regarding the content or materials on, such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk. The Company is not responsible for the collection, use, or disclosure of information collected through those websites, and the Company expressly disclaims any and all liability related to such collection, use, or disclosure. The Company does not expressly endorse the content on the linked website and may provide the links only as a convenience to our viewers. We encourage you to read the privacy policies of the websites reached through the links from our Website.

MODIFICATION & VARIATION.

The Company may, from time to time and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

ENTIRE AGREEMENT.

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

SERVICE INTERRUPTIONS.

The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

TERM, TERMINATION & SUSPENSION.

The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

DISCLAIMERS.

You do hereby acknowledge and agree that your use of the website is at your sole risk. To the fullest extent permitted by law, victorioso mezcal and its related parties disclaim all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, noninfringement, and usefulness, with respect to any service, the website, any website content, or any information contained on the website (collectively, “works”). The works are provided “as is” and “as available.” you rely on the works solely at your own risk. We do not represent or warrant that any works will be uninterrupted or error-free. There could be delays, omissions, interruptions, or inaccuracies in the information or other materials that are available on or through the works. You assume full responsibility and risk of loss, including loss of data, resulting from your downloading or use of the works. Although we may take reasonable steps to prevent the introduction of viruses and other destructive materials to or through the works, we do not guarantee, represent, or warrant that the works or materials that may be downloaded from the works are free of such destructive features. We are not liable for any damages or harm attributable to any of the foregoing.

LIMITATION ON LIABILITY.

You do hereby acknowledge and agree that victorioso mezcal and its related parties are not liable for any injury, liability, claim, loss, damage, expense, cost (including attorneys fees incurred at trial, on appeal, or otherwise), debt, fine, charge, or lien, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise, that arises out of or relates to (a) this agreement, (b) your use or inability to access the website, (c) inability to use the service, (d) any unauthorized access or alteration of your transmission or data. You do hereby waive any and all claims with respect to the foregoing, whether based in breach of contract, breach of warranty, tort (including negligence), statutory, or other grounds, even if we have been advised of the possibility of such damages. Our total liability for any and all contract, warranty, tort (including negligence), statutory, or other claims arising out of or relating to (I) this agreement, (ii) your use of the website, or (iii) inability to use the service (iv) any unauthorized access or alteration of your transmission or data is limited to the sum of ten dollars ($10.00). Some jurisdictions do not allow for limited liability or exclusion of implied warranties; and, if any of those laws apply to you, then some or all of the above disclaimers, exclusions, or limitations might not apply to you, and you might have additional rights.

GENERAL PROVISIONS:

YOUR CONSENT.

By using our Site, you consent to our Terms of Service.
Questions? Please Contact Us
If you have any questions about these Terms of Service, please contact us at info@victoriosomezcal.com

Victorioso Mezcal,
Contact Us here:
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