Your use of the www.donbenitotequila.com service (the “Service”) constitutes your acceptance of the following terms and conditions.
The following terms and conditions form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register or otherwise use the Service.
This Agreement constitutes your agreement with Benco Imports and Don Benito Tequila (“DON BENITO”) with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means the owner of DON BENITO or any successors or assigns of www.donbenitotequila.com.
RIGHT TO USE
2.1 Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
2.2 BY ENTERING THIS SITE YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU ARE NOT 21 YEARS OF AGE OR OLDER, DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, OR LIVE IN A COUNTRY WHERE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, DO NOT USE THIS WEBSITE.
You agree to use the Service in accordance with the following Acceptable Use Policy:
3.1. You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
3.2. You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
3.3. You agree not to take any action which encourages or consists of any threat of harm or harassment of any kind to any person or property or assists any other person or group in doing so. Such behavior shall include but not be limited to the posting of communications, pictures, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images.
3.4. You agree that you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
3.5. You agree not use your account to or otherwise knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following: False or Misleading Header Information; Deceptive Subject Lines; Failure to provide an opt-out method; Failure to Identify the message as an advertisement; and, Failure to include a physical Postal Address.
3.6. You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that you have with www.donbenitotequila.com and for three years thereafter.
3.7. You agree not to undertake any action which is harmful or potentially harmful to the www.donbenitotequila.com server structure.
3.8. Your limited license to use the service is not subject to lease, sublease or any other sharing or transfers without the specific, express consent of www.donbenitotequila.com.
3.9. You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of www.donbenitotequila.com, (b) any reseller of www.donbenitotequila.com, (c) any other person, or (d) any employee or contractor of www.donbenitotequila.com.
3.10. You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
3.11. You will not use the Service to post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names to any other person or include such information in your publicly posted information.
3.12. You agree that www.donbenitotequila.com will make the sole determination if any whether this policy has been violated. This policy may be amended by www.donbenitotequila.com at any time without notice to you by posting the new policy in this location. Such new policy shall become effective immediately upon such posting for all accounts. It shall be your obligation to check this page regularly for updates to this policy.
Membership is not required to access the service. Non-members have limited access to some features and have no access to other features of the Service. There is no fee to become a member however you must register with true and accurate registration information and agree to these Terms of Service. Only members can communicate with other members or non-members.
PRIVACY AND USE OF INFORMATION
MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.
OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
7.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of DON BENITO including but not limited to the DON BENITO customer service and maintenance tools. You acknowledge that all right and title to any such DON BENITO intellectual property shall remain the sole property of DON BENITO and that you have no right, title or interest therein. You further agree not to provide access to the DON BENITO services to any third party. You agree that you are not to assist any third party or to instigate yourself in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the DON BENITO Services. Any and all right or title to any engineering, coding, programming or customer service work-around or other modification of the DON BENITO service shall also remain the sole property of DON BENITO.
7.2 During the term of this agreement you may have access to certain information and materials relating to the DON BENITO business, customers, software technology and marketing which DON BENITO treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of DON BENITO; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. We may discontinue or change the Service or its availability to you at any time and you may stop using the Service at any time.
SUSPENSION AND TERMINATION
9.1 Suspension - At the sole option of DON BENITO for any reason set forth herein or in the event that you breach any term of this Agreement, DON BENITO may suspend your account by deactivating any access by you to your account while maintaining the information and data related to your account. Suspension shall specifically include the disabling of your account and any access to information or data related to your account. In the event of any such suspension you will be notified. At the option of DON BENITO you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated under paragraph 9.2.
9.2 Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the DON BENITO site. Such information or data may or may not be made available to you by DON BENITO after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 9.1 or (b) except as otherwise stated herein by either party upon 45 days’ notice in advance of a renewal period for any reason.
9.3 In the event of termination under paragraph 9.2(a) there will be no refund provided to you. In addition, DON BENITO may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not affect the rights of DON BENITO to recover from your losses, damages, indemnity, defense costs, expert costs, collection costs and attorney’s fees or other costs of any kind as may be applicable under California Law.
INFORMATION USAGE AND COMMUNICATIONS
10.1 You hereby consent and agree that as to any information which DON BENITO may collect from you and maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from DON BENITO concerning you or your account, or other information which in DON BENITO sole judgment is reasonable, DON BENITO may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of DON BENITO and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the DON BENITO Terms of Service or other policies.
10.2 During and after the term of this agreement you agree to receive periodic emails, telephone calls, or SMS messages containing commercial offers from DON BENITO and certain approved marketing partners in regards to DON BENITO or such partner products and services. We may also contact you concerning your account, system conditions, changes, updates and schedules.
10.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with DON BENITO specifically including your Name, Address, Email address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and termination as set forth in paragraph nine (9) herein.
11.1 Any notice under this agreement shall be given by DON BENITO to you via email at the address provided by you to DON BENITO at the commencement of this agreement or as DON BENITO is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by contacting customer service via the DON BENITO website located at www.donbenitotequila.com /about-us/contact.
11.2 Any notice by you to DON BENITO shall be made by telephone to a customer service representative at 310-251-2071 during DON BENITO’s regular business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time or via United States Mail to the following Address:
4718 Carmelynn Street
Torrance, California 90503
Notice is effective only upon confirmed receipt by DON BENITO.
Sections 2 through 4, 6 through11, and 11 through 22, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
WARRANTEES AND LIMITATIONS
13.1 DON BENITO makes every reasonable effort to maintain operation of the DON BENITO service; however, because many events and circumstances are beyond the control of DON BENITO, DON BENITO does not in any way warrant or otherwise guarantee the availability of the DON BENITO system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of DON BENITO. DON BENITO makes no warrantees as to the information regarding projected returns presented within each operator’s opportunity.
13.2 THE DON BENITO SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
13.3 In general, DON BENITO has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. DON BENITO accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. DON BENITO provides no warranty for any goods or services which you obtain over the Internet nor the compatibility of any such services with the DON BENITO system.
13.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
13.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO DON BENITO IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL DON BENITO BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
14.1 You agree to fully defend and indemnify and hold harmless DON BENITO of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of DON BENITO in any way related to your use of the DON BENITO service or any portion thereof.
14.2 You agree to fully defend and indemnify and hold harmless DON BENITO of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the DON BENITO service or any portion thereof. Choice of counsel remains exclusively that of DON BENITO.
14.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless DON BENITO of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of DON BENITO.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
DISCLOSURE AND OTHER COMMUNICATION
This Agreement is entered into in Torrance, California. You agree that it will be governed by the laws of the State of California and any disputes arising out of this Agreement will be subject to the courts of the State of California and the federal courts applicable within the state. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. DON BENITO and www.donbenitotequila.com have the right to assign any or all of their rights and duties under this Agreement or to the Service to any third party. At the election of www.donbenitotequila.com, if www.donbenitotequila.com’s obligations hereunder are assumed by a third party, www.donbenitotequila.com and its owners, successors and assigns shall be relieved of any and all liability under this Agreement.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to: DON BENITO, COPYRIGHT INFRINGEMENT CLAIM, 4718 Carmelynn Street, Torrance, California 90503; Telephone (310) 251-2071 or via email at firstname.lastname@example.org.
© DON BENITO, 2012 – All Rights Reserved