TERMS
OF USE

Terms & Conditions of Service

Terms & Conditions of Service

These Terms & Conditions of Service (“Terms of Use,” “Terms and Conditions” or “Terms”) explain the contractual agreement between you, the person using this website (including the site which linked you to these Terms), (“our Site” “Site” “this Site” or “website”) and Espanita Tequila Company, LLC and its successors, assignees, officers, directors, employees, agents, and assigns (collectively, “ETC”). This Site is made available by ETC, and its subsidiaries, affiliates, parent companies, and any of their related businesses (referred to in these Terms & Conditions as “we”, “us” or “our”).

You accept such terms by using or benefitting from any aspect of this Site, in any manner whatsoever. ETC provides the content and materials contained in this Site to you alone, for your personal, non-commercial use.You also acknowledge and accept that the Privacy Policy set forth, and is hereby incorporated here part of our Terms. Your viewing or use of the Site constitutes an acknowledgement by you that you have read, understand, and unconditionally accept all of the Terms of Use including the Privacy Policy.

1. Acceptance of Terms of Service & Privacy Policy.

Any use by you of this website operated by Espanita Tequila Company, LLC ("ETC") at ESPANITA-TEQUILA.COM (the "Site") is conditional upon your acceptance of these Terms of Service and our Privacy Policy. By using our Site and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service and our Privacy Policy. If you do not agree completely with any terms, conditions, disclaimers, limitations, or other provisions in your Agreement with us, your only remedy is to discontinue use of our site.

We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our site following the effective date contained in the notification or the posting of such changes on our site if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the then current terms and conditions of the Agreement.

If you have questions or concerns about our specific terms, please send an e-mail to info@espanita-tequila.com.

2. Permitted Uses

2.1. Intended Use

This Site is intended for use by you only if you are of legal age to purchase alcohol in your country and local jurisdiction of residence and in the country from which you are accessing the site and the geographical local where you are presently located. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you should leave the Site immediately. By continuing to use this Site you represent and warrant that you are of a legal age to purchase alcohol under the criteria set forth in this paragraph, namely 21 years old within the United States.

As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor, recommend, or endorse or have any commercial arrangement or control any of these companies or their services.

2.2. Use of Site

Espanita Tequila Company maintains this Site for your personal entertainment, information, education, and communication. If you are of legal purchase age to purchase alcohol in your country of residence and in the country from which you are accessing the Site, you may download material displayed on the Site for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials.

You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of this Site for public or commercial purposes, including the text, images, audio and visual without ETC’s written permission. All reproduction of our Intellectual Property is strictly prohibited.

Changes periodically are made to the information contained in this Site. All material on this website is intended for individuals of legal purchase age. Any material that is downloaded from this website must not be forwarded to individuals below the legal purchase age.

2.3. Links

Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising, or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed, or monitor the link or the site reached through the link. Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Web site by any third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.

You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, claim, liability, or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked Sites.

3. Intellectual Property

Any and all rights in all material and content (including, but not limited to, text, images, web pages, sound, software – including, without limitation code, interface and website structure- and postings, social media, links, video, and the look and feel, design and compilation thereof) collectively herein “Intellectual Property,”) at this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorized in writing by us or our licensors.

This copyright notice applies to all proprietary material throughout this Internet site (this “Site”). Unless otherwise noted, product names, designs, logos, titles, text, images, audio, or video within this Site are the trademarks, service marks, trade names or other property of ETC and its partners and affiliates. All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Intellectual Property displayed on the Site without the written permission of ETC.

All text, graphics, logos, icons, images, audio clips, video clips and software on the site ("Content") are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names, which are owned us or by third parties and the term “Content” will be used and mean to include these as well. Unless authorized in writing by an officer of ETC, you may not use any Content without our prior written consent and even if we consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or the copyright owner. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other Web site or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our Site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made, and we may end your authorization to use our site. Any unauthorized use of this content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Use of manual or automated software, devices, or other processes to “crawl” or “spider” any content contained is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function.

Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.

4. Unaffiliated Products and Sites.

Descriptions of, or references to, products, publications or sites not owned by ETC, or its affiliates do not imply endorsement of that product, publication, or site. ETC has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

5. Communications with this site.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. ETC will fully cooperate with any law enforcement authorities or court order requesting or directing ETC to disclose the identity of or help identify anyone posting any such information or materials. Other than Personal Information, as defined in and governed by our Privacy Policy any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. ETC cannot prevent the "harvesting" of information from this Site, and you may be contacted by ETC or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of ETC, may or may not be posted to this Site at the sole discretion of ETC, and may be used by ETC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, ETC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information. Any content you submit may be edited by or on behalf of ETC, may or may not be posted to this Site at the sole discretion of ETC, and may be used by ETC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Submission of any content further constitutes your consent to irrevocably assign and transfer to ETC any and all rights, title and interest in and to ETC, including but not limited to all intellectual property rights and proprietary rights worldwide. Any content, material or information included in the submission shall not be confidential, proprietary or contain any trade secret.

Although ETC may from time-to-time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, ETC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. ETC assumes no responsibility or liability for any actions or communications by you or any related third party within or outside of this Site.

6. Sweepstakes & Promotions

Any prize draws, contests, sweepstakes, or similar promotions made available through this Site may be governed by specific rules that are separate from these Terms of Service. By participating in any such prize draw, contest, sweepstakes, or promotion you agree to become subject to those rules, which may vary from the terms and conditions set forth in these Terms of Service. ETC urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Privacy Policy, which, in addition to these Terms of Service, will govern any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms of Service, the terms and conditions of such rules will control.

7. No Warranties.

Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, content, or information. We cannot and do not warrant your use of our site, or the operation or function of our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.

Your use of our site is solely and fully at your own risk, and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of our site.

THIS SITE AND ITS CONTENT IS PROVIDED "AS IS" and “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSES, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

8. Limitation of Liability

ETC assumes no responsibility and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data, or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites. In no event shall ETC or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates or related companies, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.

If you are dissatisfied with any portion of our Web site, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Web site. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.

9. Indemnification.

You agree to indemnify, defend and hold, Espanita Tequila Company, or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates or related companies, or the officers, directors, employees, shareholders, or agents of each of them, harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following: (a) your use of, inability to use, or activities in connection with the Site or any service offered on or through the Site including use of the linked sites; (b) your breach or alleged breach of these Terms of Service or any other terms, conditions or policies by you or through any account you may have with any website related to this Site; (c) any transaction by you on the Site; (d) any allegation that any submission or other materials that you make available through the Site infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; (e) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or regulatory authorities in connection with your use of the site or your activities in connection with the site; or (d) your violation of any rights of any Site visitor, user, or customer, or any other third party; and you agree to reimburse ETC on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any such claim(s).

We reserve the right to exclusively defend, with counsel of our choice and to control any claims arising from the above and any such indemnification matters. You further agree that you will fully cooperate with us in any such defenses at no cost to ETC.

10. Termination and Enforcement

You agree that ETC, at its sole discretion, may terminate your access to or use of the Site or any services provided on the Site, at any time and for any reason, including without limitation if ETC believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice and that ETC may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that Espanita Tequila Company, or any of its’ affiliates or related companies shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any such termination. If your access to the Site is terminated, ETC shall continue to treat any Personal Information, as defined in and governed by our Privacy Policy, you may have provided, in accordance with such Privacy Policy. ETC reserves the right to take steps that ETC believes are necessary or appropriate to enforce and/or verify compliance with these Terms of Service (including without limitation in connection with any legal process relating to your use of the Website and/or a third party claim that your use of the Website is unlawful or violates such third party's rights).

11. United States Governing Law.

This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the State of New York, United States of America. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that ETC intends to make such products or services available in such countries. Without limitation, you agree that a printed version of these Terms of Service and amendments made hereto shall be admissible in any judicial or administrative proceedings based upon or relating to your use of the Site or these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any controversy, cause of action, or claim brought by you against us arising out of, concerning, or relating to these terms or this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim brought by you shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

12. UPDATES OF TERMS OF USE

You are hereby on notice that these Terms shall be revised from time to time, without notice, and at our complete discretion.

13. GENERAL PROVISIONS

These Terms and Conditions, including our Privacy Policy, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. You agree that we and our agents, representatives, contractors, suppliers, trade buyers, service providers and others working on our behalf, may make improvements and/or changes in the Content on the site, and all features, functions and/or services may change at any time without notice and without liability of any kind. You are responsible for compliance with applicable laws and regulations that apply to you, keeping in mind that access to our site may not be legal by certain persons or in certain countries. Even if we don’t exercise some right or enforce some provision at any particular time, that doesn’t mean we have waived that or any other right in any way. If any provision of our Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. These Terms of Service, along with our Privacy Policy and any other terms, conditions or provisions specifically referred to herein, comprises the entire agreement between you and us regarding the subject matter and supersedes all prior or contemporaneous negotiations, discussions, or agreements, if any, between the parties with respect to same. These Terms of Service and our Agreement with you, is personal to you and you may not transfer, assign, or delegate any of them to anyone without our express written permission and any attempt to do so without prior written permission, will be void ab initio. These Terms of Service will inure to the benefit of our successors, assignees, and licensees. The headings are included for reference only and have no effect on the meaning of any provision.

14. Changes to Terms of Service

We may amend these Terms of Service from time to time in our sole discretion. We are under no obligation whatsoever to inform you of any such amendments. This policy was last amended on Jan 15, 2022.

15. Severability

If any provision of these Terms of Service shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

16. Drink Responsibly

You must be 21 years of age or over to access the website Espanita-Tequila.com. Do not forward any content to those under 21 years of age. Espanita® Artisanal Tequila. 40% Alc/Vol. Product of Mexico. Imported by Double Eagle Imports Ltd, Alpharetta, GA 30004.

@2022 - 2023 All Rights Reserved.

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Espanita® Tequila

Espanita Tequila

Espanita Tequila is produced by using traditional, ancestral methods from 100% Blue Agave at the craft distillery located in the Highlands of Jalisco. Artisanal production process results in authentic, agave-forward taste of Espanita tequila and its distinctive, rich flavors and aromas.

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