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TERMS OF USE

Terms and Conditions of website use.

 

Welcome to mijenta-tequila.com (the “Site”), the website of Mijenta Tequila, part of the Altos Planos Collective, (“Altos Planos,” “We,” “Our” or “Us”). This page explains the terms by which you may use our web site.

 

Table of Contents

 

1. BINDING EFFECT
2. PRIVACY POLICY
3. USER CONTENT
4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
5. INAPPROPRIATE CONTENT
6. COPYRIGHT INFRINGEMENT
7. ALLEGED VIOLATIONS
8. NO WARRANTIES
9. LIMITED LIABILITY
10. AFFILIATED SITES
11. PROHIBITED USES
12. INDEMNITY
13. ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS
14. COPYRIGHT
15. GOVERNING LAW
16. SEVERABILITY
17. NO LICENSE
18. TEXAS USE ONLY
19. MODIFICATIONS
20. ACKNOWLEDGEMENT

1. BINDING EFFECT

 

By using the Site or any services provided in connection with the Site (the “Service”), you agree to abide by these terms of use (“Terms of Use” or “Agreement”), as they may be amended from time to time at our discretion. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

 

YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST THE LEGAL DRINKING AGE IN YOUR JURISDICTION AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY

 

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of Altos Planos’s current privacy policy can be found by clicking here. Altos Planos’s privacy policy is expressly incorporated into this Agreement by this reference.

3. USER CONTENT

 

You grant Altos Planos a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Altos Planos, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Altos Planos, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Altos Planos may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

 

All trademarks and logos are owned by Altos Planos or its licensors and you may not copy or use them in any manner. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

5. INAPPROPRIATE CONTENT

 

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Altos Planos reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Altos Planos intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

6. COPYRIGHT INFRINGEMENT

 

Altos Planos has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Altos Planos has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Altos Planos or of a third party, or otherwise violated any intellectual property laws or regulations. Altos Planos’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Altos Planos to delete, edit, or disable the material in question, you must provide Altos Planos with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Altos Planos to locate the material; (d) information reasonably sufficient to permit Altos Planos to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Altos Planos’s designated agent at:

 

Altos Planos
5960 Berkshire Lane, 6th Floor
Dallas, TX 75225
info@altos-planos.com

7. ALLEGED VIOLATIONS

 

Altos Planos reserves the right to terminate your use of the Service and/or the Site. To ensure that Altos Planos provides a high quality experience for you and for other users of the Site and the Service, you agree that Altos Planos or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Altos Planos does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Altos Planos reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Altos Planos believes that you have violated any of the Terms of Use, furnished Altos Planos with false or misleading information, or interfered with use of the Site or the Service by others.

8. NO WARRANTIES

 

ALTOS PLANOS HEREBY DISCLAIMS ALL WARRANTIES. ALTOS PLANOS IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALTOS PLANOS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALTOS PLANOS DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. LIMITED LIABILITY

 

ALTOS PLANOS’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALTOS PLANOS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ALTOS PLANOS.

 

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

10. AFFILIATED SITES

 

Altos Planos has no control over, and no liability for any third party websites or materials. Altos Planos works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Altos Planos nor the Site has control over the content and performance of these partner and affiliate sites, Altos Planos makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Altos Planos assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Altos Planos makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

11. PROHIBITED USES

 

Altos Planos imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Altos Planos in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

12. INDEMNITY

 

You agree to indemnify Altos Planos for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Altos Planos, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Altos Planos will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

13. ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS

 

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ALTOS PLANOS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

 

a. Arbitration: YOU AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS. YOU WAIVE YOUR RIGHT TO ANY JURY TRIAL OF ANY CLAIM. All controversies, claims, counterclaims, or other disputes arising between you and Altos Planos relating to these Terms, the Site, the Service, or any order (each a “Claim”) shall be submitted for binding arbitration under the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities, regulatory authorities, or other governmental agencies.

 

This arbitration agreement does not preclude you or Altos Planos from seeking action by federal, state, or local government agencies. You and Altos Planos may also bring qualifying claims in small claims court. In addition, you and Altos Planos retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

 

b. Arbitration Costs: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Altos Planos will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

 

c. Class Action Waiver: YOU MAY NOT ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A CLASS MEMBER OF ANY CLASS CLAIMANTS WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. You may only bring individual Claims, and the arbitrator may only decide individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

14. COPYRIGHT

 

All contents of Site or Service are: Copyright © 2020 Altos Planos, 5960 Berkshire Lane, 6th Floor, Dallas, TX 75225. All rights reserved.

15. GOVERNING LAW

 

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Texas, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Dallas, Texas in all disputes arising out of or related to the use of the Site or Service.

16. SEVERABILITY

 

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

17. NO LICENSE

 

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Altos Planos or by any third party.

18. TEXAS USE ONLY

 

The Site is controlled and operated by Altos Planos from its offices in the State of Texas. Altos Planos makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Altos Planos’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Texas.

19. MODIFICATIONS

 

Altos Planos may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Altos Planos shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

20. ACKNOWLEDGEMENT

 

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Please print a copy of these Terms for you records and check the Site frequently for any changes to these Terms. To download a PDF copy of this Terms of Use Agreement, please click here

21. Questions and Contact Us

 

If you have questions or concerns regarding our Terms of Use or the handling of your personal information, please email us at: info@altos-planos.com

 

Effective Date: August 25, 2020.