Chaco Flaco Drinks, LLC
1. Agreement to terms:
By entering this web site (the “Site”), you acknowledge and agree to the following terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These terms and conditions are applicable to all pages of the Site, unless explicitly stated otherwise on any particular page.
2. No entry for under-aged persons:
You must be 21 years of age or older to use this Site.
3. The El Cero Drinks name, logos and trademarks belong to Chaco Flaco Drinks, LLC:
By entering this Site you acknowledge and agree that any name, logo, trademark or servicemark contained on this Site is owned or licensed by Chaco Flaco Drinks, LLC. and may not be used by you without Chaco Flaco Drinks, LLC prior written approval. Chaco Flaco Drinks, LLC will enforce its intellectual property rights to the full extent of the law. Audio, graphics, charts, text, video, information, or images of places or people contained on the Site are either the property of Chaco Flaco Drinks, LLC or used on this Site with permission. Your use of any of these materials is prohibited unless specifically provided for on the Site. Any unauthorized use of these materials may subject you to penalties or liability for damages including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.
4. Copyrights belong to Chaco Flaco Drinks, LLC:
Chaco Flaco Drinks, LLC is the copyright owner of this Site and no portion of this Site including, without limitation, the text, images, audio or video, may be used in any manner, or for any purpose, without Chaco Flaco Drinks, LLC express prior written permission, except as otherwise explicitly stated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this Site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Any modification, re-posting or use of the material on this Site for any other purpose violates El Cero Drinks legal rights.
5. No confidentiality, use of information:
By entering this Site you acknowledge and agree that any information, material or communication of any kind that you transmit, send or post to this Site, in any manner and for any reason, will not be treated as confidential or proprietary (“User Communication”). El Cero Drinks does not assume and will have no obligation whatsoever with respect to any User Communication. Furthermore, you acknowledge and agree that any User Communication including, without limitation, any ideas, concepts, know-how, techniques, procedures, methods, systems, designs, plans, charts, images, audio, video, text or other materials you transmit or which are otherwise embodied in any such User Communication to this Site, may be altered, broadcast, posted, published, copied, disclosed, distributed, incorporated or otherwise used by Chaco Flaco Drinks, LLC or its designees anywhere, anytime and for any purpose whatsoever including, without limitation, the development, manufacture or marketing of products using such information throughout the world and in any medium, whether known or unknown, without compensation of any kind to you. You further acknowledge and agree that Chaco Flaco Drinks, LLC has no obligation to use any idea or other material contained in any User Communication, and that you have no right to compel any such use. You acknowledge and agree that, as transmissions over the Internet are never completely private or secure, any User Communication you send to this Site may be read or otherwise intercepted by a third party. Chaco Flaco Drinks, LLC does not assume and shall not have any special responsibility to you by virtue of your sending any User Communication to Chaco Flaco Drinks, LLC. Chaco Flaco Drinks, LLC does not accept or consider any creative ideas, concepts, suggestions or other materials from the public, and therefore you should not make any such submission to Chaco Flaco Drinks, LLC in any User Communication either through this Site or otherwise. The terms of the foregoing Section shall be subject to the provisions of Section 7 below and Chaco Flaco Drinks, LLC Privacy Policy.
6. Online Surveys, Sweepstakes and Contests:
From time to time, we may conduct online surveys, sweepstakes and/or contests (“Promotions”). If you wish to participate in a Promotion, you may be asked for certain information about yourself, including, without limitation, contact information (such as your name and email address) or demographic information (such as your zip code and age) (“Information”). We may use this Information to provide you with certain information about our company, promotional material or to contact you when necessary. Any such use shall be in accordance with our Privacy Policy. Each Promotion has its own terms and conditions and you must read and agree to any such rules prior to participating in any Promotion.
7. Shopping:
This Site may offer shopping services by us or by a firm that operates a store under contract with us. If our Site offers shopping or other commercial services, you will be asked to use a customer order form to request information, products or services. The order form will request contact information (such as name and email address), financial information (such as account and/or credit card numbers) and demographic information (such as zip code and age). The financial information that you provide will be used to bill you for those products and services you have requested. By giving our Site your credit card and related personal information, you are authorizing our store, or the firm operating the store under contract with us, to give that information to the merchant and credit card company in order to confirm and fulfill your order. We will not otherwise use or distribute your financial information without your prior approval. We will also use the contact information provided on the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary.
8. Unlawful behavior:
You are prohibited from posting on this Site, or otherwise transmitting to or from this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, harassing, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol or otherwise violate any law or regulation. Notwithstanding that Chaco Flaco Drinks, LLC or other parties are involved in creating, producing or delivering this Site and may, from time to time, monitor or review transmissions, postings or discussions, Chaco Flaco Drinks, LLC and all parties involved in creating, producing or delivering this Site assume no responsibility or liability which may arise from the content thereof including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
9. No warranty on content, information or materials:
Although the specifications, features, illustrations, text, images, audio, video, content and other information and materials contained in the Site are based upon up-to-date information, and while Chaco Flaco Drinks, LLC makes all reasonable efforts to ensure that all content, information and materials on this Site are correct, accuracy cannot be guaranteed and Chaco Flaco Drinks, LLC makes no warranties or representations of any kind as to its accuracy.
10. Entry at your own risk; disclaimer:
ANY USE AND/OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THIS SITE (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE AVAILABLE ON OR THROUGH THIS SITE) IS PROVIDED TO YOU “AS IS” WITHOUT FURTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITH REGARD TO THE CONTENTS OF THIS SITE, Chaco Flaco Drinks, LLC EXPLICITLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER: (A) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THIS SITE; OR (B) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES, BUGS OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, NETWORK CONNECTIONS OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO Chaco Flaco Drinks, LLC NEGLIGENCE, WILL Chaco Flaco Drinks, LLC OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DELIVERING THIS SITE, BE LIABLE FOR: (A) ANY LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES, EXPERT FEES OR OTHER DISBURSEMENTS); OR (B) ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OF ANY OTHER KIND OR NATURE; WHETHER ARISING OUT OF OR THROUGH YOUR ACCESS TO, THE USE OF OR BROWSING OF THIS SITE, OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, TEXT, DATA, IMAGES, VIDEO, AUDIO OR ANY OTHER MATERIALS FROM THIS SITE INCLUDING, WITHOUT LIMITATION, ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, FAILURE OR MALFUNCTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE OR SOFTWARE PROGRAMS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, OR OTHERWISE, EVEN IF Chaco Flaco Drinks, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Chaco Flaco Drinks, LLC FURTHER ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL Chaco Flaco Drinks, LLC TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.
11. Indemnification:
You agree to indemnify, defend and hold Chaco Flaco Drinks, LLC and each of its agents, directors, employees, information providers, licensors and licensees, officers, parents and subsidiaries (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use. You will cooperate as fully as reasonably required in Chaco Flaco Drinks, LLC defense of any such claim. Chaco Flaco Drinks, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In no event shall you settle any such matter without the express prior written consent of Chaco Flaco Drinks, LLC.
12. Hyperlinks:
Although this Site may be linked to other sites on the World Wide Web, Chaco Flaco Drinks, LLC provides such links solely for your convenience, and is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, responsibility or affiliation with the linked site or any content, information or other materials contained therein, unless specifically stated. Chaco Flaco Drinks, LLC disclaims any and all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content, information or other materials contained on any other site. By entering this Site you acknowledge and agree that Chaco Flaco Drinks, LLC has not reviewed all sites linked to this Site and is not responsible for the content of any off-Site pages or any other site linked to this Site. Your linking to or viewing of any off-Site pages or other sites is at your own risk. You must obtain Chaco Flaco Drinks, LLC prior written permission to link this Site to your website. Chaco Flaco Drinks, LLC will only authorize links to sites when a substantial majority of the actual audience of such site is 21 years or age or older.
13. Public forums:
This Site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Any entries you make on this Site that are in conflict with our Terms of Use or in any other way not according to standards of what the public may expect on the Site will be removed at Chaco Flaco Drinks, LLC sole discretion. It should be noted however that we cannot guard every part of the Site every time of the day, and that we assume no responsibility or liability which may arise from the content of any message or other information posted by any third party on the Site.
14. Revision of Terms of Use/Site Content:
Chaco Flaco Drinks, LLC reserves the right to revise these Terms of Use at any time, for any reason and without notice or obligation, by updating this page and such revisions shall become effective immediately upon posting. Chaco Flaco Drinks, LLC further reserves the right to make changes at any time, for any reason and without notice or obligation, to any of the content contained on this Site. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms of Use.
15. Applicable law:
By entering this Site you acknowledge and agree that this Site is construed in accordance with and governed by the laws of the State of Arizona, USA. If you use this Site from another location, you are responsible for compliance with any and all applicable local laws. Chaco Flaco Drinks, LLC. makes no representation that the content contained within this Site is appropriate for countries outside the United States. Any and all information contained in this Site including, without limitation, information regarding products and services, applies only to those products and services offered in the United States. You agree that any litigation between you and Chaco Flaco Drinks, LLC arising from or pertaining to the use of this Site, any advertising associated with this Site, or any link accessible from or providing access to this Site or otherwise shall be governed by Arizona law and that exclusive jurisdiction resides in the courts of the State of Arizona, USA.
16. General Provisions:
These Terms of Use and those found in our Privacy Policy set forth the entire understanding and agreement between you and Chaco Flaco Drinks, LLC with respect to the Site and your use thereof. You acknowledge that any other agreements between you and Chaco Flaco Drinks, LLC with respect to the Site, if any, are superseded and of no force or effect. If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable for any reason, then such provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.