Terms and Conditions

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Updated January 1, 2025

This website's Terms and Conditions agreement (the or these “Terms of Service”) is a binding legal contract between you (“You” either an  individual o a legal entity) and The Real Tequila . The Terms and Conditions governs your access to and use of  the website offered by The Real Tequila including without limitation the www.real-tequila.com  website and any software, programs, services, tools, features, databases, materials, content or information available through it or used in connection with it (individually a “Site”). By downloading, accessing or using any part of the Site you have accessed, you will be bound by the terms of these Terms and Conditions. If you do not agree to the terms of these Terms and Conditions, The Real Tequila is not willing to grant you any right to use or access the Site. In such event, you are not granted permission to access or otherwise use the Site and are instructed to exit the Site immediately.

The Real Tequila may change, add or remove portions of  the Terms and Conditions at any time, which shall become effective immediately upon posting. It is  your responsibility to review the Terms and Conditions  prior to each use of  the Site, and by continuing to use the Site, you agree to any changes.  

Site Access and Use License

This  Site you have accessed and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property rights, and are owned or controlled by The Real Tequila, its affiliates and licensors. The Site is licensed to you, not  sold. Except for the limited license granted in these Terms and Conditions,  The Real Tequila and its licensors retain all rights, title and interest in the Site and all proprietary rights in the Site, including copyrights, patents, trademarks and trade secret rights. The Real Tequila may change, suspend, or discontinue any aspect of the Site  at any time.

Grant of License

The Real Tequila grants you a personal, revocable, nontransferable, nonexclusive license to use the Site for personal, non-commercial  purposes, conditioned on your continued compliance with the terms of these Terms and Conditions.

Limitation on License

The license granted to you in these Terms and Conditions is restricted as follows:

Limitations on Copying and Distribution. You may download or copy downloadable items displayed on the Site for personal, non-commercial use only, provided that we maintain all copyright, trademark and other notices contained therein.

Limitations on Use. You may use and access the Site solely for your  personal, non-commercial use. All use of the Site must be in accordance with the Terms and Conditions. You may not use, copy, store, reproduce,  transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or any contents, information, data or materials provided through the Site in any manner not expressly  permitted by the Terms and Conditions or the Site. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Site, or directly or indirectly permit any third party to use or copy the Site. You may not: (i) use any “deep link”, “page scrape”,  “robot”,  “spider”, or other automatic device, program, script,  algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any  way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Site; (ii) attempt to gain unauthorized access to any  portion or feature of the Site, including without limitation, the  account of any other authorized user or any other systems or networks connected to the  Site or to any server used by the The Real Tequila or to  any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (iv) reverse  look-up, trace, or seek to trace any information on any other authorized  user of or visitor to the Site; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or systems or networks of The Real Tequila or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site;  (viii) use the Site to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use  the Site without the  express, separate and prior written permission of  The Real Tequila; (x) create an intact reproduction of a page or pages of the Site into another website; or  (xi) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise  negatively impact The Real Tequila.

Non-Solicitation. You may not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or  services.
 

Limitations on Reverse Engineering and Modification.  You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Site or any materials accessed through the  Site.
 

Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and   trademark notices) or labels from the Site or on any materials accessed through the Site.
 

Compliance with Applicable Law. You are solely responsible for ensuring your use of the Site is in  compliance with all  applicable foreign, federal, state and local laws, and rules and regulations. 

User Obligations.

By downloading, accessing, or using the Site in order to view information and materials or submit material (as defined below) of any kind, you represent that You: (i) are at least the age of 21 to use the Site, (ii) are registered to the extent required, and have not  been previously restricted, suspended or terminated by The Real Tequila; and  (iii) are not using another authorized user’s account without his/her permission.

Your Submission of Content.

The Site may contain comment areas, questionnaires, tools, and other interactive features where you can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “Material”). You are solely responsible for any Material you provide.  By submitting Material to the Site, you warrant that you have all necessary rights to grant, and automatically grant to The Real Tequila and its affiliates, a royalty-free, worldwide, perpetual, irrevocable,  non-exclusive and fully sub-licensable right (including any moral  rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such  Material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or developed in the future.  You also permit any other users of the Site to access, view, store or  reproduce your Material and content for that user’s personal,  non-commercial use. The Real Tequila will not be required to treat any Material as confidential, and you further grant to The Real Tequila the right to edit, copy, display, publish and distribute any Material made available via the Site by you, without compensation to you or any other party submitting the Material for you. Notwithstanding the right and  license, by merely permitting your Material to appear on the Site, The Real Tequila is not a publisher of such Material, and is merely functioning as an intermediary to enable you to provide and display  Materials. Moreover, and except as provided in the Terms and Conditions with respect to the right and ability of The Real Tequila to delete or remove Material, The Real Tequila does not endorse, oppose, or edit any opinion  provided by you or any other user and does not make any representation  with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any Material displayed, uploaded, linked-to or distributed by you or any other user. You agree that by using the Site, you will not post  or transmit any of the following:

• Anything that interferes with or disrupts the Site or its operation. 
• Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful,  threatening, abusive, harassing. 
• Unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of  others. 
• Materials that encourage criminal conduct or that would give rise  to civil liability or otherwise violate any law or regulation in any jurisdiction. 
• Materials that harm minors. 
• Materials that impersonate any other person or entity, whether  actual  or fictitious, or that misrepresent your affiliation with any entity. 
• Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of  an other computer, network, or the Site.  

Other Terms and Conditions.

Additional notices, terms, and conditions may apply to receipt of services, participation in a particular program, training, authorized user registration to other specific portions or features of the Site, all of  which are made a part of this Terms and Conditions by this reference. If  there is a conflict between this Terms and Conditions and the terms  posted  for or applicable to a specific portion of this Site, the latter terms shall control with respect to your use of that portion of the Site.

Links to Other Sites

The Real Tequila may provide links, in its sole discretion, to other sites on the  World Wide Web. The Real Tequila is not responsible for the availability of these outside resources or their contents. The Real Tequila  expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services  provided by, available through, or advertised on these third-party  sites, or the products or services provided by any third party.

Links to This Site

You may link to this Site provided that you do so in a way that indicates that the link is to www.real-tequila.com website and is fair and not misleading. You may not integrate or make use of all or part of this Site in ways that would confuse or mislead visitors as to the nature and origin of this Site’s content. 

Passwords & Security.

Registration by you as an authorized user for access to certain areas of the Site  may require both a user name and a password (“Authorized User   Credentials”). You may also have to provide certain registration  information, all of which must be accurate and updated. You are not allowed to share or give your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of your  password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv)  that The Real Tequila, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.   You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you  further acknowledge and agree that all rights in and to your user name  and account are and shall forever be owned by and inure to the benefit of The Real Tequila. Failure to comply with the foregoing shall constitute a breach of the Terms and Conditions, which may result in immediate suspension or termination of your Authorized User Credentials. The Real Tequila will not be liable for any loss or damage arising from your failure to comply with these obligations. The Real Tequila  reserves the right to delete or change Authorized User Credentials (with  notice) at any time and for any reason.

Termination.

The  Terms and Conditions and your license to use the Site will take effect the moment you install, access, or use the Site and will be in effect until terminated as set forth below. This license will automatically  terminate  in the event you breach any of its terms. Termination will be effective without notice. You may terminate the Terms of Service at any time by ceasing to use the Site. All applicable provisions of the  Terms and Conditions as identified below will survive termination. Upon termination, you must destroy all copies of any aspect of the Site in your  possession. The following will survive termination of these Terms  and Conditions for any reason: (i) the General section below; (ii) the  provisions concerning rights in your Materials that you have granted The Real Tequila; (iv) the Company's proprietary rights, indemnity,  disclaimers of warranty, limitation of liability, and governing law.

W A R R A N T Y    D I S C L A I M E R.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SITE IS PROVIDED ON AN “AS AVAILABLE,  “AS IS”   BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REAL TEQUILA AND ITS  LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING,  BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE,  MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE.  THE REAL TEQUILA DOES NOT WARRANT THAT THE  SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE  WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT THE REAL TEQUILA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS  OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS  ENTIRELY WITH YOU.

L I M I T A T I O N   O F   L I A B I L I T Y.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE REAL TEQUILA OR ITS SUPPLIERS, LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE), OR OTHERWISE,  WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST  PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE  OF, OR INABILITY TO USE, THE SITE, EVEN IF THE REAL TEQUILA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF THE REAL TEQUILA AND ITS SUPPLIERS, LICENSORS UNDER THESE TERMS AND CONDITIONS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE), OR OTHERWISE IS LIMITED TO THE AMOUNT PAID TO US, BY YOU, IF ANY, FOR ACCESS TO THIS SITE.

Some   states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.

Other Disclaimers

• The Site and the information contained herein is provided for informational and educational purposes only, and could include technical inaccuracies or typographical errors.
• Information on the Site is provided with the understanding that The Real Tequila is not rendering professional advice or recommendations.  You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.
• There may be publications that are distributed internationally and may contain references to The Real Tequila or services, products, and  programs that are not in your country. These references do not imply  that The Real Tequila intends to announce or provide programs, products, or services in your country. All questions about the Company's activities in your country should be directed to us  by email at dontdrinkbadtequila@gmail.com. 

Digital Millennium Copyright Act ("DMCA") Notice.

The Real Tequila is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringe may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of The Real Tequila to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to The Real Tequila by the  copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper written notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to  be infringing and will follow all other relevant procedures specified in  the DMCA with regard to the claimed infringement. The designated agent of The Real Tequila (i.e., the proper party) to whom you should address such notice is listed below. 

If you believe that your work has been copied and posted using the Site in a way that constitutes copyright infringement, please provide our designated agent with a written communication containing the following   information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed. 
• A description of the copyrighted work that you claim has been infringed. 
• A description of where the material that you claim is infringing is located to permit us to locate the material. 
• Your address, telephone number, and email address. 
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or  the law;  and, 
• A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner's behalf.   

Our designated agent for notice of claims of copyright infringement can be reached as follows:
 

By E-Mail: dontdrinkbadtequula@gmail.com with the subject line “DMCA”
 

Monitoring.

The Real Tequila has the right, but not the obligation, to monitor the content of the Site (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any Material), to determine compliance with these Terms and Conditions, and any operating rules established by The Real Tequila and to satisfy any law, regulation or authorized government request. The Real Tequila has the right and sole discretion to edit, refuse to post or remove any Material submitted to or posted on or within the Site, including, without limitation, the right to remove any Material that The Real Tequila, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnification

You agree to indemnify, defend and hold harmless The Real Tequila and its affiliates and its and their respective officers, directors, employees and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your  use of the Site.

Privacy Policy

You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information in the Site requires the submission, use and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the Site,  you acknowledge and agree that your use of the Site will constitute  acceptance of the personal identifying information collection and use practices contained in the Privacy Policy posted on the Site. 

The Real Tequila Trademark Information.

The  Real Tequila logo and name are protected trademarks of The Real Tequila (see  United States Code, Title 18, Section 706).  All other trademarks displayed on this site or through links to other sites are the property of the respective trademark owners.  

General.

These Terms and Conditions are governed by and construed in accordance with international laws, as applied to agreements entered into and wholly performed within the Country of Portugal. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in the Country of Portugal, and the parties submit to personal jurisdiction of those courts for purposes of any action or proceeding. These Terms and Conditions are governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. The Terms and Conditions constitutes the entire understanding and agreement between The Real Tequila and You with respect to the Site and any transactions contemplated in these Terms and Conditions and supersedes all prior or contemporaneous oral or written  communications with respect to the subject matter of the Terms and Conditions, all of which are merged in the Terms and Conditions. You may not modify, amend or alter in any way the Terms and Conditions. In the event any provision of these Terms and Conditions is found invalid or unenforceable pursuant to judicial decree, the remainder of the Terms and Conditions will remain valid and enforceable according to its terms. Any failure by The Real Tequila to strictly enforce any provision of the Terms and Conditions will not operate as a waiver of that provision or any subsequent breachof that provision. The disclaimers and limitations of liability will  survive any termination or expiration of the Terms and Conditions. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER  IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.