QUINTALIZA – A Tequila Works Product
The Company has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
(1) change or terminate all or any part of our Site or Services;
(2) restrict or terminate your access to all or any part of our Site or Services; or
(3) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.
Access to the Site. The Company is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally-binding contracts under applicable law. If you do not qualify, please do not use the Site. You may use the Site for personal and non-commercial activity only. The Company reserves the right to deny access to the Site to anyone at any time in its sole and absolute discretion.
User Obligations. In consideration of your use of the Site and/or the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, the Company has the right to refuse any and all current or future use of the Site (or any portion thereof) or the Services (or any portion thereof).
Additionally, you may not:
- modify any portion of the Site or the Services.
- disable, circumvent, or interfere with the proper working of the Site, the Services or the security features the Site provides, or any features that limit copying or use of content on the Site.
- use the Site or the Services in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site or the Services.
- use the Site or the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Use of Interactive Areas. The Site may allow you to submit, post or upload videos, images, files, information, postings, tags, comments, messages, and other text (“Content”). The Site also may contain areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas or other message and communications features (“Interactive Areas”). You are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site. You agree to post only messages, comments or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post Content or engage in any other activity on the Site that:
- defames, threatens or abuses any person or otherwise violates the legal rights of any person;
- is harmful to children, profane, obscene, indecent, abusive, violent, hateful, harassing, inflammatory, discriminatory, or racially or ethnically offensive;
- includes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringes another’s rights to intellectual property, publicity, or privacy;
- collects or stores personal information about other Site users;
- contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
- contains any information regarding candidates for public office, political parties or elections of office holders;
- contains, transmits or disseminates spam, chain letters, “pyramid schemes”, or information intended to assist in the placement of a bet or wager;
- contains, transmits or disseminates any virus, spyware, trojan horse, worm, keystroke logger, rootkit, corrupted file, other malicious software, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment;
- disrupts or otherwise interferes with the Site, the Services or the networks or servers used by the Company;
- impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
- constitutes, advocates, promotes, or assists in any illegal activity.
The Company reserves the right (but not the obligation) to review, edit, or delete any Content you post to this Site and to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever.
Submissions to Interactive Areas and Licensing of Content. You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or Content you post to an Interactive Area may be read by others. The Company recommends that you avoid posting or otherwise disseminating any personally identifiable information in the Interactive Areas.
The Company does not endorse or control the Content, messages or information found in any Interactive Area and, therefore, the Company specifically disclaims any liability with regard to the Interactive Areas and any actions or consequences resulting from your participation in them.
By submitting Content to the Interactive Areas, or otherwise to the Site or the Company or its affiliates (including, without limitation, via email), you agree that such Content and any geographical identification metadata (geotags) or other metadata, attributes, features or characteristics relating to the Content (“Metadata”) is non-confidential for all purposes. If you submit, post or upload any Content to the Site or if you submit any business information, idea, concept or invention to the Company or the Site, you automatically grant, or warrant that the owner of such Content or intellectual property has expressly granted, the Company a royalty-free, fully paid-up, perpetual, irrevocable, world-wide, nonexclusive license to use, copy, process, adapt, transmit, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and sublicense the Content and Metadata relating to the Content in any media or medium, or any form, format, or forum now known or hereafter developed (the “License”). You agree that this License includes the right for the Company to make such Content available to other companies, organizations or individuals who partner with the Company for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to these Terms regarding Content use. If you wish to keep any Content, information, Metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Interactive Areas, the Company or the Site. You agree that in the event the Company receives any royalties, compensation or other payments associated with exercising the rights granted to it under the License, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that the Company may, in its sole discretion, use any Content for which it has a License in a manner that may link to, refer to or reference your name, such as use of your Content on the Site or an affiliated or partner website.
You acknowledge and agree that the Company may archive, preserve, store or use any Content or Metadata you submit, post or upload to the Site and may also disclose that Content and Metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms; (3) respond to claims that any Content or Metadata violates the rights of third-parties; or (4) protect the rights, property, or personal safety of the Company, the Site, its users or the public.
Limits on Liability. The Company, its affiliates, and their respective officers, directors, managers, members, employees, agents, service providers and representatives, and each of their respective successors and assigns, will not be liable for:
- the contents of any communication, message, or information posted by you or other third parties;
- the content of any website not controlled, owned, or operated by the Company that is accessed from or linked to this Site;
- the content, services or information provided by any website purporting to be operated by the Company or its affiliates, but not actually affiliated with, controlled, owned, or operated by the Company;
- any damages or injury caused by hardware or software issues, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, spyware, trojan horse, worm, keystroke logger, rootkit, other malicious software, or line failure;
- any injury sustained by you, your family, someone you know, or any other person, arising out of your use of the Site or the Services, including, without limitation, your reliance on information posted on the Site; or
- any direct, indirect, incidental, special, punitive or consequential damages arising out of or relating to use of or inability to use the Site or the Services, even if the Company has been advised of the possibility of such damages, including, but not limited to, loss of profits, loss of data or loss of use damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation may not apply to you.
If you are dissatisfied with any portion of the Site, the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
Content. The information on the Site may contain inaccuracies and typographical errors. The Company does not assume any liability for any such inaccuracies, errors or omissions. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. You acknowledge that you may not, and will not, rely on any content on the Site. The Company does not endorse or represent the reliability, accuracy or quality of any information, or goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on this Site.
You acknowledge that the opinions and recommendations contained in the Site are not necessarily those of the Company or endorsed by the Company. All statements and opinions expressed in the Content uploaded to, or linked to by, the Site, as well as all articles and responses to questions and other content, save content expressly provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials.
The Company has the right (but not the obligation) to refuse, move, edit, or delete any Content that is available on the Site at its sole discretion, for any or no reason. You acknowledge and agree that the Company may take any action it deems necessary or appropriate if it believes any Content violates these Terms, including, but not limited to, infringing any intellectual property right, threatening the personal safety of users to the Site or the public, or if it potentially creates liability for the Company. The Company may take appropriate legal action for any illegal or unauthorized use of the Site or the Services. The Company has the right to fully cooperate with law enforcement authorities or court orders directing or requesting the Company to disclose your identity or information or preserve Content posted by you in relation to relevant legal action. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR AS A CONSEQUENCE OF, A LEGAL INVESTIGATION BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
The Company cannot guarantee it reviews all Content or other material before it is posted on the Site or through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding any Content or other material provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Links and Third-Party Websites. This Site may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the content of third-party websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or resources linked to this Site, you do so entirely at your own risk and subject to the terms and conditions for such websites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such third-party website or resource.
Proprietary Rights. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Those portions of the Site owned by the Company are the copyright of the Company. All rights reserved.
If you print, copy, modify, download, or otherwise use any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials in your possession. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks. The Company’s name, the Company’s logo, and all related trademarks, names, logos, product and service names, service marks, trade names, designs, slogans, and other business identifiers are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
Reverse Engineering and Related Activities. Except as expressly authorized by the Company or its affiliates, you agree to not modify, distribute, copy, reproduce or create derivative works based on the Site, in whole or in part. Except with the prior written consent of the Company, you may not (a) reverse engineer, decompile, or disassemble the Site or its underlying technologies, (b) examine the Site with debugging, memory inspection or disk inspection tools, or (c) bypass or breach any security device or protection used in the Site or its underlying technologies, except to the extent the foregoing restrictions are expressly prohibited by applicable law. You may not permit or assist any person to engage in any activity that you are prohibited from engaging in pursuant to these Terms.
No Reproduction or Resale. You agree to not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
Indemnification. You agree to indemnify, defend and hold the Company, its affiliates and its and their respective directors, officers, managers, members, employees, agents, service providers and representatives harmless from and against any and all claims and demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the Services, or any information, products or services you obtain from the Site; your connection to the Site; your violation of the Terms; or your infringement of any intellectual property or other right of any other person or entity.
Enforcement. The Company does not assume responsibility to you or others for any failure by the Company to enforce the provisions contained in the Terms.
Termination. You agree that the Company, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms. The Company may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that the Company may immediately bar any further access to the Site. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Site.
General Acknowledgments. You acknowledge that the Company may establish general practices and limits concerning your use of the Site. You agree that the Company has no responsibility or liability for the failure of the Site and the deletion of content maintained or transmitted by the Site. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SCHEDULED OR UNSCHEDULED SYSTEM MAINTENANCE, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE THE COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
- THE COMPANY MAKES NO WARRANTY THAT, AND EXPRESSLY DISCLAIMS ANY WARRANTY THAT, (i) THE SITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (ii) DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL, INFORMATION, PRODUCTS OR SERVICES.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- You are solely responsible for all use of information, products or services OBTAINED through the site AND FOR ANY CONSEQUENCES OF SUCH USE.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law. You and the Company agree that the Terms and the relationship between you and the Company shall be governed by and construed in accordance with the laws of the State of Wyoming without regard to any conflict of laws analysis. You and the Company hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Jackson, Wyoming, or the United States District Court for the District of Wyoming for purposes of all legal proceedings arising out of or relating to the Site, the Services or the Terms and agree not to commence any legal proceedings related thereto except in such courts. You and the Company irrevocably waive, to the fullest extent permitted by law, any objection that you or it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum. The prevailing party in any dispute related to the Site, the Services or these Terms shall be entitled to recover from the other party all reasonable costs and expenses, including without limitation reasonable attorneys’ fees incurred by the prevailing party in connection with such dispute.
Waiver. The Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in a writing signed by an authorized representative of the Company.
Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site or Services must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Headings. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.
Reasonableness. By using the Site, you agree that these Terms, including, but not limited to the exclusions and limitations of liability set forth in these Terms, are reasonable. If you do not think they are reasonable, you must not use the Site.
Successors and Assigns. The provisions of these Terms shall inure to the benefit of, and be binding on, you and the Company and your and its respective successors, assigns, employees, legal representatives, heirs, distributees, and transferees, by operation of law, whether or not any such person shall become a party to these Terms or have agreed in writing to join or be bound by the terms and conditions of these Terms.
Last Updated: [December 19, 2022]