USER AGREEMENT

Please read these Terms of Site (the “Agreement”) carefully, as they contain the legal terms and conditions that govern your use and access of the website, www.tequilaraiders.com (“Site” or “Tequila Raiders”). This Agreement governs your use of the Site and constitutes a legally-binding agreement between each user (“you,” “your,” “user,” or “member”) and Tequila Raiders (“we,” “us,” or “our”). If you do not agree to the terms of this Agreement, you may not access or use our Site. If you have any questions about this Agreement please contact us at [email protected]

General Terms of Use

Tequila Raiders provides this content “as is” and Tequila Raiders shall not be held liable for your use of the information in the feeds. Use of a site’s content, including text and images, on your site, or in print, is entirely at your discretion. Tequila Raiders is not responsible for any complaints regarding content or images that you choose to display on your site or in print.

To the fullest extent allowed, Tequila Raiders disclaims all warranties, including warranties for merchantability, non-infringement and fitness for a particular purpose. By accessing the RSS feeds or the XML instructions provided above, you indicate that you understand and agree to these terms and conditions.

Corresponding with Tequila Raiders

Any correspondence with Tequila Raiders, including any documentation or images, are considered property of Tequila Raiders. Tequila Raiders reserves the right to reproduce such correspondence, in whole or in part, on Tequila Raiders or its affiliates.

PROPRIETARY RIGHTS

We’ve worked hard to build and develop Tequila Raiders. The graphic elements, design elements, presentations, logos, layout, and source code of Tequila Raiders are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights or trademark (“IP Rights”). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.

Comments Terms of Use

The comments/ratings sections on Tequila Raiders are accessible to users.

In order to make comments useful and interesting, the following guidelines have been established for comment/ratings users:

• do not post threatening, harassing, defamatory, or libelous material
• do not intentionally make false or misleading statements
• do not post material that infringes copyright
• do not post information that you know to be confidential or sensitive or otherwise in breach of the law
• keep all comments relevant to the particular Tequila Raiders site where the comment is being posted
• Tequila Raiders will not accept responsibility for information posted in the comments sections

Please note that once you post a comment to one of our sites, it becomes part of the public conversation. Tequila Raiders’ policy is that we will not remove a user’s comments unless we deem them to be in violation of our Terms of Service. It is our policy not to delete comment accounts. However, Tequila Raiders reserves the right to remove comments entirely at its discretion, including for alleged violations of terms of service or legal rights. Tequila Raiders is not responsible for the content of user comments. If a third party complains that your comment violates our TOS or their rights, we will invite them to respond in the comments themselves. If they pursue the complaint, we will make reasonable efforts to contact you by the means you have provided us, to alert you of the situation. We will protect your contact information as described in our privacy policy, but may be compelled to turn it over pursuant to legal process.

Registration

To access certain features of our Site, you may be asked to register with us on the form provided and such registration may require you to provide personally identifying information such as your name, address and email address, and also may ask you to provide certain demographic information such as your gender and date of birth. You agree that you will register only if you are 13 years or older. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

We’re trying to build an amazing and supportive community at Tequila Raiders. In order to do that, it’s important that you take responsibility for all of your activity on the Site and agree not to:

• Sell, assign, or otherwise transfer your rights in or to the Site;
• Impersonate any person or entity, including any of our employees or representatives;
• Engage in any harassing, intimidating, or predatory behavior, or stalk any other user of Tequila Raiders;
• Make unsolicited offers, advertisements, proposals, or send junk mail to users; or
• Otherwise sublicense, distribute, or use Tequila Raiders outside the scope of the license granted in this Agreement.

In addition, you agree not to impede our ability to run the Site and:

• Copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile Tequila Raiders or otherwise attempt to discover any source code or trade secrets related to the Site;
• Build, or authorize another party to build, a competitive product to the Site;
• Recruit or otherwise solicit any user of the Site to join third-party services or websites that are competitive to Tequila Raiders, without our prior written approval;
• Use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Site;
• Take an action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large burden or load on Tequila Raiders’ infrastructure;
• Interfere or attempt to interfere with the proper working of Tequila Raiders or any activities conducted using the Site;
• Introduce any malicious software, viruses, worms, Trojan horses, or other harmful code onto the Site that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Tequila Raiders;
• Circumvent any security-related features of the Site;
• Bypass any measures we may use to prevent or restrict access to Tequila Raiders (or other accounts, computer systems, or networks connected to the Site);
• Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website;
• Remove, obscure, or alter any notice of copyright, trademark, or other proprietary rights appearing in or on any item included with Tequila Raiders;
• Use our trademarks, trade names, service marks, logos, or other distinctive brand features or exploit any copyright or other proprietary rights associated with Tequila Raiders, unless we provide our express written consent;
• Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names, and other distinctive brand features, copyright or other proprietary rights associated with Tequila Raiders or our company;
• Violate any applicable local, state, national, and international laws or regulations;
• Upload any content that violates the rights of any third parties, including, but not limited to, copyright, trademark, statutory, and other proprietary rights; or
• Use Tequila Raiders for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates this Agreement.

External Links Disclaimer

Tequila Raiders routinely contains links to external, third-party websites. By providing links to other sites, Tequila Raiders does not guarantee, approve, or endorse the information or products available at these sites, nor does a link indicate any association with our endorsement by the linked site to Tequila Raiders. Tequila Raiders does not operate or control and has no responsibility for the information, produces and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products, and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or noninfringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors of Tequila Raiders assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

DISCLAIMER AND RELEASE

 

ALL PRODUCTS OFFERED VIA TEQUILA RAIDERS ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT TEQUILA RAIDERS. YOUR PURCHASE OF ANY PRODUCT OFFERED ON TEQUILA RAIDERS IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL TEQUILA RAIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISES OUT OF OR ARE IN ANY WAY RELATED TO TEQUILA RAIDERS, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY RETAILER IN CONNECTION WITH THE SERVICES.

 

IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD-PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO YOU FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SITE, TEQUILA RAIDERS, OR ANY CONTENT ON THE SITE.

 

TEQUILA RAIDERS IS NEITHER CONNECTED WITH ANY RETAILER WITH WHICH A USER HAS PURCHASED A PRODUCT, OTHER THAN AS THE PROVIDERS OF THE SITE. WITHOUT LIMITING ANYTHING HEREIN, TEQUILA RAIDERS DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY PRODUCT OFFERED VIA TEQUILA RAIDERS.

 

YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.

 

OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “TEQUILA RAIDERS” PARTIES) DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT DEFECTS WITH THE SITE WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY THIRD-PARTY SOFTWARE ON THE SITE IS AT YOUR OWN RISK.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 

LIMITATION OF LIABILITY

 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, ITS PRODUCTS, REMAINS WITH YOU. NEITHER TEQUILA RAIDERS NOR THE TEQUILA RAIDERS PARTIES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SITE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, FROM THE USE OF OR INABILITY TO USE THE SITE, FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH RETAILERS, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR FROM ITS PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM ITS PRODUCTS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR IN CONNECTION WITH ANY INTERACTIONS WITH ANY RETAILERS, EXCEED TWENTY FIVE DOLLARS ($25). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

 

INDEMNIFICATION

 

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Tequila Raiders and the Tequila Raiders Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or relating to: (i) your use of and access to the Site; (ii) your violation of any term of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; (iv) your violation of any law, rule or regulation, or the rights of any third-party; and (v) any Retailer products, including but not limited to any damages, injuries, or losses (compensatory, direct, incidental, consequential, or otherwise) of any kind.

 

TIME LIMITATION ON CLAIMS

 

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

 

MODIFICATION

 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

 

NOTICE

 

We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing Tequila Raiders in an unauthorized manner. You acknowledge that under this Agreement by using the Site you are deemed to have received any and all notices that would have been delivered had you accessed Tequila Raiders in an authorized manner.

 

ENTIRE AGREEMENT

 

This Agreement sets forth the entire understanding and agreement between you and Tequila Raiders as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

 

CHOICE OF LAW

 

This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of New York, and the federal laws of the United States, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or foTequila non conveniens in any such action.

 

ARBITRATION AND WAIVER OF CLASS ACTION

 

You agree to arbitrate any dispute with us arising from this Agreement or your use of the Tequila Raiders on an individual basis. That means that you cannot sue us in court or have a trial by jury. You and the owners of Tequila Raiders further agree that: (i) any arbitration will occur in New York, NY; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery.

 

At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND TEQUILA RAIDERS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.

 

FORCE MAJEURE

 

We will not be held liable for any delays, failure in performance, or interruption of the Site which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

 

NO LEGAL ADVICE

 

None of the services provided by Tequila Raiders are, nor are intended to be, legal, accounting or other professional advice or a substitute for advice of an attorney, accountant or any other professional. You agree and acknowledges that the content of the services is intended only as news and general legal information and is not intended to be, and should not be relied upon as, legal advice. Tequila Raiders shall not be liable, and shall be held harmless, for any errors or omissions in the Services, and you assume all risks and liabilities in relying on the Services, contributing to a third party’s reliance on the Services, or inducing a third party to rely upon the Services. All content of the services should be independently verified by you. If legal advice or other expert assistance is required, you will obtain the services of a competent, professional person, and will not rely on information provided on the services as a substitute for such advice or assistance. No attorney-client relationship exists or shall be deemed to exist between you (or any user), and Tequila Raiders.

 

NO WAIVER

 

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

 

SEVERABILITY

 

If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

 

NOTE TO INTERNATIONAL USERS

 

Tequila Raiders is hosted in the United States. If you’re a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from U.S. laws, please be advised that through your continued use of the Site, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

 

QUESTIONS AND COMMENTS

We welcome comments, questions, concerns, or suggestions. Please contact us at: [email protected].