Terms of Service

BevBridge Marketing Terms of Service

This website is powered by BevBridge Marketing Inc. These Terms and Conditions (the “Terms and Conditions”) are a legally binding agreement between you and BevBridge Marketing Inc., its clients (including El Buho), and its and their respective parents and subsidiaries (individually and collectively, “Company,” “we,” “our” or “us”), and governs your access to and use of the URL, (ElBuho.com) (the “Site”) and other BevBridge Marketing Inc. websites, social media pages, accounts, and mobile applications owned by or licensed to us (collectively, the “Sites”), any order you place through the Sites and, as applicable, your use of the Products you purchase.

Through use of the Site, we provide an opportunity to buy alcoholic beverages and related products from Licensed Retailers in their respective states (collectively the “Services”). The sale and delivery of orders purchased by you will be executed and fulfilled by licensed third-party retail entities that hold valid licenses issued by state alcohol beverage agencies allowing for the legal sale of alcohol (the “Licensed Retailers” or “Licensed Retailer”). The Site is directed to adults aged 21 or older and you must be at least 21 years of age to make a purchase through the Site and to receive delivery of the products purchased, and a valid government-issued ID will be required upon delivery.

MINIMUM AGE REQUIREMENT

If you use the Site, you represent and warrant that you are at least twenty-one (21) years of age and that the recipient of any alcoholic beverage purchase you may make is at least 21 years of age. In no event shall you use the Site nor the Services, nor make a purchase or purchase a gift for someone else if you are under the age of 21, nor may you do any of the foregoing activities for the benefit, or on behalf, of any person under the age of 21. We may refuse to register any person, or service any order at any time, in our sole discretion. By using the Site, including, without limitation, by participating in the Services, you hereby agree to the terms and conditions set forth below (the “Terms and Conditions”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE, YOU SHALL NOT PLACE AN ORDER, AND YOU SHALL NOT USE ANY PRODUCTS SOLD VIA THE SITE. THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM AGAINST US TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

SALE OF ALCOHOLIC BEVERAGES

Our role in the transactions contemplated by these Terms and Conditions is that of a marketer and service provider that enables you, the consumer, to purchase alcohol and related products from Licensed Retailers via the Site, and to participate in the Services and/or any other product offers offered on the Site. You acknowledge that all orders of alcohol and related products you place through the use of the Site is processed and fulfilled by such Licensed Retailers, as the actual sellers of the Products, and not by us. Any purchase you make through the use of the Site from the Licensed Retailers must be for personal consumption only and not for resale.

We may allow third parties to offer goods or Services on the Site. The Company undertakes to be as accurate as possible with all information regarding the goods and Services, including product descriptions, pricing 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.

We do not sell, offer to sell or solicit sales of alcohol. Our Site enables you to search online for alcohol and other products available for sale by Licensed Retailers. The Service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any Licensed Retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. When you search for a product, the Service shows you its availability, price and other information based on your location and information provided by the Licensed Retailers that service your location; if you prefer, you may sort and filter results based on search criteria. Our Service may be limited or not available at all in some places due to local law or other restrictions.

When you order, it is an offer to purchase from a Licensed Retailer. The total purchase amount (plus any additional service fees) may be authorized by your payment card company, but your offer is not accepted by the Licensed Retailer at that time. The Licensed Retailer reviews your order and decides whether to accept it. If the Licensed Retailer decides to accept your order, they will charge your payment card for the purchase amount (plus any additional service fees) and arrange for the delivery, pick-up, or shipment.

Title to, and ownership of, all alcohol beverages passes from a Licensed Retailer to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By placing an order, purchaser authorizes seller to act on purchaser’s behalf in arranging for transportation of the alcoholic beverages at the purchaser’s direction. Alternatively, purchaser may choose to pick up the alcohol beverages at the retailer’s location or make independent delivery arrangements. Seller makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcohol beverages and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

ALL RISK OF LOSS WILL PASS TO YOU WHEN THE GOODS ARE DELIVERED WITHIN THE STATE IN WHICH THE RETAILER IS LICENSED. MOREOVER, YOU ARE RESPONSIBLE TO KNOW THE LAW OF THE STATE IN WHICH YOU LIVE OR TO WHICH YOU WISH THE GOODS SHIPPED AS THEY RELATE TO THE SHIPMENT AND DELIVERY OF ALCOHOLIC BEVERAGES. YOU ARE RESPONSIBLE TO PAY ANY STATE AND LOCAL EXCISE TAXES AND USE TAXES.

YOU AGREE TO INDEMNIFY US AND TO HOLD US HARMLESS AGAINST ANY DAMAGES (INCLUDING ATTORNEY’S FEES) RESULTING FROM ANY CLAIM THAT THE GOODS PURCHASED BY YOU CANNOT BE LEGALLY SHIPPED INTO THE STATE IN WHICH YOU LIVE BY A PERSON WHO OWNS SUCH GOODS AND HAS PURCHASED THEM FOR HIS OR HER PERSONAL CONSUMPTION OR THAT YOU HAVE EXCEEDED THE AMOUNT OF GOODS WHICH MAY BE SHIPPED INTO THE STATE FOR PERSONAL CONSUMPTION OR THAT ANY TAXES OR DUTIES WHICH MAY BE IMPOSED UPON SUCH SHIPMENT OR CONSUMPTION HAVE NOT BEEN PAID.

ACCOUNT REGISTRATION

To use the Services, you will be asked to provide personally identifiable information such as your name, address, phone number, shipping address, email address, date of birth, and payment information (collectively, the “Personal Information”) as well as a password in order to make a purchase and create a personal account with us (an “Account”). Please be sure to protect the confidentiality of the password you create for your Account. Please review our Privacy Policy regarding the Personal Information we collect, use and share, and the terms of such collection, use and sharing. You are responsible for, and agree to pay promptly, all charges to your Account including applicable taxes and purchases by you or anyone you allow to use your Account. You represent and warrant that all Personal Information you provide in connection with registering your Account is complete, accurate and non-fraudulent, and that you are authorized to use the method of payment you provide in connection with your use of the Services. We reserve the right to contact the service provider of your method of payment to conduct fraud or security checks. You acknowledge and agree that you may never use another customer’s Account without their prior approval. You also agree to review and update your Account as and when necessary to maintain the most current Personal Information.

ORDERS, SHIPPING, AND DELIVERY

If you are an adult over the age of 21, you may make an offer to purchase alcoholic beverages or associated non-alcoholic merchandise (the “Products”) using the Site from the Licensed Retailers. Prices displayed on the Site reflect the prices determined by the Licensed Retailers that we partner with. Licensed Retailers may choose to accept or reject any offer to purchase the Products due to lack of availability, inability to verify your age, or any other reason. If your offer to purchase the Products is declined in full or in part for any reason, you will receive a refund for any portions of your order that are declined by the Licensed Retailer.

Licensed Retailers are solely responsible for all activities related to the sale and provision of alcoholic beverages including but not limited to (a) selecting the products to be offered for sale via the Website (b) setting the purchase price of all products made available for sale via the Site (c) accepting or rejecting all customer orders, and (d) fulfilling all customer orders, including but not limited to completing any deliveries or shipments of orders either directly or through a third party shipping company, if applicable. El Buho shall have no liability to you, any customer, or any other person for lost, unprocessed, or mishandled orders.

Unless otherwise indicated at the time of your purchase, shipping and handling fees are NOT included with your order and such fees will be added on to the price of your purchased products. Shipping dates and/or arrival times given are only estimates. Refunds are at the sole discretion of El Buho or its affiliated retailers.

The Products purchased from the Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such products will pass to you upon our delivery to the carrier.

Packages cannot be sent to PO boxes or local carrier locations. Orders that are placed and addressed to these locations will be rejected and refunded.

All deliveries must be signed for by an individual who is capable of proving that he or she is 21 years of age or older by providing a valid form of identification at the time of delivery. If there is no individual 21 years of age or older to accept the delivery, the delivery will not be able to be completed at that time. After three failed delivery attempts, the package will be returned to the retailer. You will be required to pay an additional re-shipping fee in order to receive the package. Refunds for packages – and the associated shipping costs – that are returned to the retailers due to failed delivery attempts are at the discretion of the retailer.

We recommend that if there is a possibility an individual 21 years of age or older is not available to sign for your package, you should contact your carrier and request the tracking number be routed to a local location that allows for package pick ups. We reserve the right to refuse delivery for any reason. Packages cannot and will not be left unattended for any reason. El Buho and its retail partners do not accept responsibility for any packages that are unable to be delivered due to issues with the delivery address that you provide for your order.

THIRD PARTY WEBSITE, POLICIES, AND CONTENT

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this Site may direct you to third-party website that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. Please review carefully the third-party’s terms of use, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

PAYMENT

Your credit or debit card may be charged immediately upon checkout. We will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to us. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, we may charge such amount directly to the credit card identified in your Account and may suspend or terminate your access to the Services. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your right to use the Services is subject to limits established by us and/or by your credit card issuer.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant El Buho the right to store and process your information with the third party payment service, which it may change from time to time; you agree that El Buho LLC will not be responsible for any failures of the third party payment service to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

PROMOTIONAL EMAILS

When you first subscribe or make a purchase through the Site, you agree to receive transactional and promotional emails from El Buho LLC and BevBridge Marketing Inc. These emails may include, but are not limited to, promotional offers. We will never rent, sell or share your email address except to the limited extent set forth in the Privacy Policy or otherwise in these Terms and Conditions.

PRIVACY POLICY

These Terms and Conditions and our Privacy Policy, and any other terms or agreements that may be posted on the Site (as may be amended from time to time) contain the entire agreement between you and us relating to the Site and your use of the Site, and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of our agreement. You confirm that, in agreeing to accept these Terms and Conditions and Privacy Policy, you have not relied on any representation except insofar as the same has expressly been made a representation in these agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these agreements.

NOTICE

Except as explicitly stated otherwise, any notice required or permitted by these Terms and Conditions must be in writing. Except as set forth in the Privacy Policy, any written notice to El Buho must be given by: (1) a written letter sent by express carrier (e.g. FedEx or UPS); or (2) by certified mail, postage prepaid, return receipt requested, to El Buho, in which case notice will be deemed sufficient three days after the mailing date.

MODIFICATION

We may modify these Terms and Conditions at any time, at our sole discretion, without specific notice to you provided, however, that (a) any amendment or modification to the provisions applicable to dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification (as the Terms and Conditions in effect at the time of the subject dispute or incurred changes shall govern, as applicable). The latest version of these Terms and Conditions will be posted to the Site, and you should review these Terms and Conditions prior to using the Site. Any such changes to these Terms and Conditions will become effective immediately and your continued use of the Site and your Account following such notification will be deemed confirmation of your acceptance of such changes. You will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site.

ACCEPTABLE USE POLICY

You hereby agree that you are solely responsible for your conduct in connection with your use of the Site and for any and all acts and omissions that occur under your Account or password. In connection with your use of the Site, you further agree not to engage in any of the following prohibited activities: (a) create an Account or make any purchase if you are under twenty-one (21) years of age; (b) interfere with or inhibit the use of the Site by other users; (c) use the Site for commercial purposes for yourself and/or third parties (for example, by selling, or attempting to sell, your purchases to others, etc.); (d) create an Account using a false identity, alter-ego, by impersonating a third party, or creating any other false account; (e) interfere with, disrupt or attempt to gain unauthorized access to other Accounts on the Site or any other computer network; (f) copy, reverse engineer, or attempt to derive the source code of any part of the Site; (g) post any comment or product review on the Site or Social Media Pages that is private, libelous, harassing, abusive, obscene, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or is unrelated to our products or services or is clearly false or misleading; (h) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property of any person; (i) disseminate or transmit viruses, Trojan Horses, or any other malicious code or program; or (j) use the Site in a manner or engage in any other activity that would violate any of the terms and conditions contained in these Terms and Conditions or any applicable laws. Violation of the foregoing restrictions will result in immediate termination of your Account, and may potentially subject you to further liability. We may investigate any reported violation of these Terms and Conditions and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, closing your Account, suspending future shipments under your Membership or Gift purchase, unilaterally removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

LIMITED LICENSE

We grant you the limited right to access and make use of the Site as a user. The Site, including, without limitation, all text, graphics, images, logos, software, trademarks, service marks and trade names incorporated in the Site (the “Content”) are owned by or licensed to us. Unless authorized in writing and in advance by us or the applicable rights holder, you may not sell, reproduce, copy, distribute, modify, display, publicly perform or otherwise exploit the Content for any public or commercial purpose. No provisions of these Terms and Conditions shall be construed to convey any property right in or license to the Content unless expressly provided to the contrary.

THIRD-PARTY SERVICERS

You may have contact or other interaction with third parties by clicking third-party links on our Site and being directed to third-party website (the “Third-Party Servicers”). You acknowledge and agree that you are proceeding at your own risk and any such Third-Party Servicers are not under our control. We shall be in no way responsible or liable for any acts, omissions, breaches, representations or warranties made by any such Third-Party Servicers, or for any losses, injuries, or other damages you incur in connection with your contact or other interaction with them, including the content on, or the privacy practices of, such Third-Party Servicers. If you visit the website of, or submit information to, any Third-Party Servicer, your visit and the information you submit are governed by the privacy statement of that Third-Party Servicer. We encourage you to carefully read the privacy statements of any website you visit.

DISCLAIMER AND LIMITS ON LIABILITY

THE SITE AND THE CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES THAT MAY BE IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL El Buho OR ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CLIENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS RELATING TO THE PURCHASE, SALE, DELIVERY AND/OR CONSUMPTION OF THE ALCOHOLIC BEVERAGE OR ANY CONSEQUENCES WHICH MAY RESULT THEREOF.

THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES THAT MAY BE IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESS DISCLAIMED TO THE EXTENT PERMITTED BY LAW PROVIDED, HOWEVER, THAT THIS DISCLAIMER OF WARRANTIES IN THIS SECTION IS NOT APPLICABLE TO RESIDENTS OF THE STATE OF NEW JERSEY.

TO THE EXTENT PERMITTED BY LAW, AND EXCEPT WITH RESPECT TO RESIDENTS OF THE STATE OF NEW JERSEY, THE COMPANY SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, YOUR PLACEMENT OR DELIVERY OF ORDERS OF ALCOHOL, MEMBERSHIPS OR GIFTS, OR YOUR USE OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

ERRORS AND INACCURACIES

We strive to provide complete, accurate, up-to-date information on our Site. Unfortunately, despite those efforts, human or technological errors may occur. For example, our Site may contain typographical errors, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Site.

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints we may receive in connection with your use of the Site, your Account, or placement of orders of any alcohol. Without limiting the generality of the foregoing, we may report any suspected illegal activity to law enforcement officials and regulatory bodies, and in doing so, may disclose any relevant information to such officials and/or regulators, including, without limitation, your Personal Information, IP address(es), and your Site usage history as provided in our Privacy Policy.

INDEMNIFICATION

You agree to indemnify, defend and hold the Company and its employees, officers, members, directors, agents, representatives, affiliates, service partners, clients, Licensed Retailers, licensors, successors and assigns harmless from and against any losses, costs, liabilities, settlements, fines, payments or damages (including reasonable attorneys’ fees and costs) resulting from any claim, suit or proceeding, threatened or otherwise, at law or in equity made or brought against us, and caused by, arising out of, resulting from, or in any way attributable to: (i) your use of the Site; (ii) anything you post to the Site; (iii) your violation of these Terms and Conditions; (iv) your violation of the rights of any third parties; and/or (v) use of the Site or your Account by any other person accessing the Site using your computer or Internet access account.

GOVERNING LAW

These Terms and Conditions, the Privacy Policy, and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of New York pertaining to contracts made and to be performed entirely therein and without regard to its conflict of laws principles.

DISPUTE RESOLUTION

WHEN YOU AGREE TO THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO A DISPUTE RESOLUTION POLICY THAT INCLUDES (1) A REQUIREMENT TO ARBITRATE ANY CLAIM, DISPUTE OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATE TO THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY OR YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE PROVIDED THROUGH THE SITE; AND (2) A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, TRIAL BY JURY, OR ADMINISTRATIVE PROCEEDING, IN ORDER TO SETTLE YOUR DISPUTE.

You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least thirty (30) days after one of us notifies the other in writing of a dispute. The parties shall attempt to resolve any controversy or claim arising out of, or relating to, any provision of the agreement or the breach thereof by good faith negotiations between the parties.

If you and we are unable to resolve our dispute by talking to each other, you and we each agree that, to the fullest extent permitted by law, any controversy or claim arising out of or relating to our relationship, either the Terms and Conditions or the Privacy Policy (including any dispute as to their breach, termination, enforcement, interpretation or validity), the Site or any product or service provided under or in connection with our relationship that is not resolved will be resolved exclusively by final and binding arbitration before one arbitrator in the county of New York, New York under the rules of the American Arbitration Association then in effect. The prevailing party, as determined by the arbitrator, shall be entitled to collect its reasonable costs, expenses, and interest (including reasonable attorneys’ fees, arbitration fees, and other such costs). EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH PARTIES GIVE UP THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY. You have a right to hire an attorney, at your own cost, to represent you in arbitration. The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award, including any award of costs, expenses or interest, shall provide a concise written statement of the essential findings and conclusions upon which it is based. Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that if we make any future material change to this arbitration agreement, it will not apply to any individual claim(s) of which you had already provided notice to us.

You and we agree not to join or consolidate claims in arbitration by or against the other. You and we also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, Licensed Retailers, clients, local fulfillment retailers, licensors, officers, directors, members, agents, employees, representatives, affiliates and predecessors. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this provision that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general arbitration.

Notwithstanding any of the foregoing, if we are suffering irreparable harm arising out of or related to your use of the Site, we are not precluded from bringing an action or claim with respect thereto before the appropriate federal or state court located in the county of New York, New York, and you consent to personal and subject matter jurisdiction of such court related to any such action or claim.

NOTICE TO CALIFORNIA USERS

Residents of California who use the Site is entitled to know there are no charges to the consumer for use of our Site, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. Unless otherwise stated, these charges appear for each purchase on the order confirmation pages relating to each purchase and e-mailed to the consumer after purchase. We reserve the right to change our pricing. You may contact us to resolve a complaint regarding any aspect of our service by emailing us at info@elbuhomezcal.com

ASSIGNMENT

These Terms and Conditions are personal to you and your Account. You may not assign these Terms and Conditions without our prior written consent. We may assign any of our rights and delegate any of our duties hereunder at any time, without your consent, at our sole discretion. These Terms and Conditions and the Privacy Policy will inure to the benefit of our successors, assigns and licensors.

FORCE MAJEURE

Neither the Company nor any service provider, including but not limited to Licensed Retailers, clients, service partners, local fulfillment retailers, licensors, licensees, officers, directors, members, agents, employees, representatives or affiliates , shall be liable for performance of its obligations under these Terms and Conditions if it is prevented or delayed from performing such obligations as a result of (i) any provision of any present or future law or regulation of any state or of the United States, (ii) any act of God, war, civil unrest, or emergency condition, (iii) the unavailability, failure or interruption of the Internet; or (iv) any other circumstances beyond the reasonable control of the Company or its service providers including but not limited to Licensed Retailers, clients, service partners, local fulfillment retailers, licensors, licensees, officers, directors, members, agents, employees, representatives or affiliates.

WAIVER

Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

SEVERABILITY

In the event that any provision of these Terms and Conditions is declared void or unenforceable, such provision shall be deemed severed from these Terms and Conditions, and these Terms and Conditions shall otherwise remain in full force and effect unless its purpose cannot be effected absent the severed provision.

ENTIRE AGREEMENT

These Terms and Conditions and the Privacy Policy constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior agreements, whether written or oral.

Website Terms of Service

Welcome to our web site elbuhomezcal.com (the “Site”). This Site is administered by Henry Steele Imports (“HSI”) in Brooklyn, New York, USA. This page details the Terms of Use Policy (“Terms of Use”) and is intended to inform you of the ways in which you can use of this site and the mobile site. The Site is maintained by HSI for the personal use of persons who are lawfully permitted to purchase and consume alcoholic beverages in their respective countries. By using this Site you indicate that you accept these Terms of Use and agree to abide by them. If you are not of legal age to consume alcoholic beverages in your respective country or territory please exit our Site immediately.

Access

Access to our Site is permitted on a temporary basis to users. We reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of these terms, and that they comply with them.

You will not download (other than page caching) or modify the Site, or any portion of it, except with express written consent of HSI. Use of the Site does not include any resale or commercial use of this Site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HSI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, form or resemblance to the Site) of elbuhomezcal.com, and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing elbuhomezcal.com, name or trademarks without the express written consent of HSI.

You may not use any elbuhomezcal.com, logo or other proprietary graphic or trademark without express written permission from HSI.

Intellectual Property Rights

All intellectual property and database rights, in our Site and in the materials published on it, including but not limited to trademarks, designs, download able content, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure), collectively the “Materials”, are owned by HSI. The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Site.

You may not modify paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, images, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. All other copying (whether in electronic, hard copy or other format) reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of our Site or the Materials on our Site is prohibited and may breach intellectual property laws and other laws worldwide. The status of HSI and any identified contributors as the holders of rights in the Materials published on our Site must always be acknowledged. You must not use any part of the Materials on our Site without first getting express written consent from HSI. If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.

Acceptable Conduct of Use

You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site.

You may not use our Site:

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our Content Standards below.

To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).

Updates

We aim to update our Site regularly, and may change the content at any time. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

We may revise these terms of use at any time by amending this page. Each time you use this Site, the current version of the Terms and Conditions will apply. Accordingly, whenever you use the Site, you should check for the latest version of the Terms and Conditions.

Liability

The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law, HSI hereby expressly exclude and disclaim: (Because some jurisdictions do not allow the exclusion or limitation of liability or damages, HSI’s liability in such jurisdictions shall be limited to the fullest extent permitted by law.)

All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute or common law.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Information about you and your visits to our site and events

Your privacy is important to us. We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
HSI may organize events where you live. We reserve the right to collect still and moving images at those events and to publish them on this Site and other websites operated by us for information purposes about our brands’ marketing activities. By accepting to be our guest at any such event, you also consent to being photographed and filmed during your attendance and grant us the right to publish your images on this Site and other websites for editorial purposes throughout the world in perpetuity without limitations and without any compensation. If your image is published on this Site or any of our websites and you disagree with its use, please ask us to remove it by writing info@elbuhomezcal.com.

Malicious Code, Hacking and Other Offences

You must not misuse our Site by knowingly introducing any Malicious Code. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

We will report any such activity by you to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Links to Site

You must not establish a link from any website to any page in our Site or frame our Site on any other site unless otherwise expressly authorized in writing by HSI. You may not suggest any form of association, approval or endorsement of any website on our part.
If you wish to make any use of Material on our Site other than that set out above, please email us at info@elbuhomezcal.com.

Links from our Site

Except as otherwise expressly stated by HSI on the Site, HSI is not affiliated or associated with operators of any third party websites that link to or are linked from the Site. HSI expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Site. Third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card or other payment card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.

Indemnity

You will indemnify HSI against any loss, damage or costs arising out of your use of our Site, any of its services or any information accessible over or through our Site, including information obtained from linked sites, our submission or transmission of information or material on or through our Site or your violation of these terms of use or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence and infringement of any intellectual property right). We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defenses.

Jurisdiction and Applicable Law

If you are located in the U.S., these terms are governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and any dispute arising out of or relating to these Terms and Conditions or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the county of New York in the State of New York, and you hereby submit to the personal jurisdiction of such courts.

If you are located anywhere except the United States of America (“U.S.”), then (i) these terms are governed by U.S. law; and (ii) the U.S. courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country and (iii) these Terms and Conditions are governed by the U.S.

Copyright Content and Promotions

HSI provides users of the Site with access to content and services related to the Company’s products and concerning alcoholic beverages generally, including without limitation: (a) content such as but not limited to information, drink recipes, food recipes, audio and video clips, photographs, graphics, images, text, data, event information, downloadable product information, links to third party websites, user comments, commentary, articles, opinions, postings and messages. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HSI protected by international copyright laws. The compilation of all content on this site is the exclusive property of HSI, with copyright authorship for this collection by elbuhomezcal.com, and protected by international copyright laws.

Any prize draws, contests, or similar promotions made available through this Site or affiliated sites may be governed by specific rules that are separate from these Terms of Use. By participating in any such prize draw, contest, or promotion you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. HSI 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 Use, 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 Use, the terms and conditions of such rules will apply.

Trade Marks

HSI’s trademarks may not be used in connection with any product or service that is not elbuhomezcal.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits El Buho Mezcal. All other trademarks not owned by HSI are the property of their respective owners.

Emails and Other Content

Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an identity or other content. HSI reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant elbuhomezcal.com, and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

When you submit or make available any information, photographs or any type of materials and images through the Website (“Submissions”), you acknowledge and agree that those Submissions will be nonproprietary and nonconfidential, may be made available to the general public, and may be used by Company without restriction. You grant to HSI the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sub-licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission and that your provision of Submissions through the Profiles, Forums or otherwise through the Website complies with all applicable laws, rules and regulations. You further irrevocably waive any ‘moral rights’ or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of these Terms of Use for any reason.

Entire Agreement

These terms of use, including our Privacy Policy and Cookie Policy constitute the entire agreement between you and us in relation to your use of our Site. If any provision of these terms of use is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in this Terms of Use.

QUESTIONS: Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or you can email us at: info@elbuhomezcal.com.

Mailing address for hard copy mail:

Henry Steele Imports dba El Buho Mezcal
146 West 29th St.
Suite 11RW
New York, NY 10001

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