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ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THE FOLLOWING FORMS A LEGAL AGREEMENT BETWEEN YOU AND AIM CONSULTING GROUP, L.L.C. D/B/A THE TEQUILA GUY. BY USING AND DOWNLOADING THIS SITE (AND ASSOCIATED PAGES), YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS THEN USE OF THIS SITE IS UNAUTHORIZED, PLEASE DO NOT USE THIS SITE. THE CONTENTS OF THIS SITE ARE PROVIDED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY.
TERMS OF USE
This “Site” is a service provided for entertainment and informational purposes by AIM Consulting Group, L.L.C. d/b/a The Tequila Guy (“The Tequila Guy”). Use of this Site is subject to your compliance with the terms of use set forth below. The Tequila Guy maintains this Site for the personal use of individuals who are of legal age to consume alcoholic beverages pursuant to the laws of the country or territory where they reside. YOU MUST BE OF LEGAL DRINKING AGE TO ACCESS THIS SITE. IF YOU ARE NOT OF LEGAL DRINKING AGE, YOU ARE NOT AUTHORIZED TO USE THIS SITE. The Tequila Guy reserves the right to modify this agreement at any time, and any such modification(s) shall be effective immediately upon posting. You agree to review this agreement periodically to become aware of any modifications. Continued access or use of this Site shall be deemed your conclusive acceptance of the modified agreement. Please exit this Site immediately if you do not accept these terms and conditions of use, are not of a legal age for consuming alcoholic beverages in the country or territory in which you reside, or are in a country or territory where the access to this Site is not permitted. The Tequila Guy reserves the right to restrict or terminate your access to this Site or any feature thereof if you violate these terms and conditions of use, or if you use the Site in order to make or assist in making any criminal or unlawful statements or actions or announce or participate in any criminal or unlawful actions.
PROPRIETARY RIGHTS
THE TEQUILA GUY, TASTOCRACY RATINGS SYSTEM and other graphics, logos, icons, scripts, and service names on this Site are trademarks, registered trademarks or trade dress of The Tequila Guy. The Tequila Guy’s trademarks and trade dress may not be used in connection with any product or service that is not The Tequila Guy’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Tequila Guy. All other trademarks not owned by The Tequila Guy or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Tequila Guy or its affiliates.
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 The Tequila Guy or its content suppliers. All such content and its compilation is the exclusive property of The Tequila Guy and protected by United States and international copyright laws. All software used on this site is the property of The Tequila Guy or its software suppliers and protected by United States and international copyright laws.
This copyright notice applies to all proprietary material available throughout this Site.
© 2007-2008 The Tequila Guy All Rights Reserved
NO LICENSE
Except for the limited license to download and print certain material/information from this Site for non-commercial and private purposes only, you have no right to use The Tequila Guy’s proprietary information or material. All rights with respect to The Tequila Guy’s proprietary information and material remain the exclusive property of The Tequila Guy.
USE OF THIS SITE
You are welcome to browse, search, access, utilize or otherwise interface with the Site subject to the terms and conditions of use and, in particular, the following conditions:
- You may download material displayed on the Site for lawful, non-commercial, personal use provided you also retain all copyright and other proprietary notices contained on the materials.
- You reside in a country or territory where the consumption of alcoholic beverages is permitted.
- You are of a legal age to consume alcoholic beverages pursuant to the laws of the country or territory in which you reside.
- You expressly agree that any software downloaded or otherwise obtained through the use of Site is done at your own discretion and risk and that you will be solely responsible for any damage to your network or computer system or loss of data that results from the download of software.
- Political campaigning, commercial solicitation, mass mailings, or any form of "spam" or other mass marketing from users is prohibited.
- You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead The Tequila Guy as to your identity.
- The Tequila Guy reserves the right (but has no obligation) to remove or edit falsified content, but does not regularly review posted content.
- You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Tequila Guy for all claims resulting from content you supply.
- The Tequila Guy takes no responsibility and assumes no liability for any content posted by you or any third party.
SITE CONTENT AND PRODUCT DESCRIPTIONS
You acknowledge that The Tequila Guy and its affiliates attempt to be as accurate as possible when collecting and displaying information on the Site. However, The Tequila Guy does not warrant that product descriptions, pricing information, or other content contained on the Site is accurate, complete, reliable, current, or error-free.
LINKING POLICY AND THE SALE OF ALCOHOLIC BEVERAGES
The Tequila Guy does not sell or distribute alcohol. This Site may contain links to sites owned or operated by parties outside the control of The Tequila Guy including to parties that do sell alcohol. Such links are provided for your convenience only. The Tequila Guy is not responsible for the availability or content of these external sites. The Tequila Guy does not endorse the content, or any products or services available, on such sites. You are solely responsible and liable for any interactions you may have with any such linked entities, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. The Tequila Guy shall not be responsible or liable for any part of any such interactions.
REVIEWS, POSTINGS, AND OTHER CONTENT
Registered users may post reviews, comments, and other content on the Site; other visitors may also submit suggestions, ideas, comments, questions, or other information to the Site. Content submitted to the Site will be treated as non-confidential and non-proprietary and shall become the property of The Tequila Guy. By posting comments and reviews, you grant The Tequila Guy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Content that is, in the eyes of The Tequila Guy, considered or thought to be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and is not consistent with the purpose, intent, or culture of the Site can be taken down from the Site without notice and will not be recoverable from The Tequila Guy for any purpose. The Tequila Guy reserves the right (but has no obligation) to remove or edit any activity or content, but does not regularly review posted content.
In addition, you declare that the persons shown on any materials sent in by you, have consented to the publication of their pictures in the specific context it was sent to The Tequila Guy and in context with alcohol beverages in the advertisement sector.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Your use of this Site is at your own risk. THIS SITE IS PROVIDED ON AN "AS IS" BASIS. EXCEPT AS EXPRESSLY REQUIRED BY LAW, THE TEQUILA GUY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THIS SITE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. THE TEQUILA GUY HAS NO DUTY TO UPDATE THIS SITE OR THE CONTENT HEREOF AND THE TEQUILA GUY SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE TEQUILA GUY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT OR TITLE, AND IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. FURTHER, THE TEQUILA GUY DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF COMPUTER VIRUSES.
YOU AGREE THAT THE TEQUILA GUY AND ITS SUBSIDIARIES AND AFFILIATES AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF THE TEQUILA GUY WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOUR INABILITY TO ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. THE TEQUILA GUY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.
IDENTIFICATION REQUIRED
YOU MUST BE OF LEGAL DRINKING AGE TO USE THIS SITE. The Tequila Guy has the right to request that you positively identify yourself with sufficient identification (a valid passport or state-issued drivers license) that matches the information in your registered user profile under certain circumstances including, but not limited to, certain promotions.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Site and how The Tequila Guy protects your information.
INDEMNIFICATION
You hereby agree to indemnify and hold The Tequila Guy and its subsidiaries and affiliates harmless from and against any claims for damages or other claims asserted against The Tequila Guy or its subsidiaries or affiliates, including without limitation all indirect liability claims, consequential damages, losses, liabilities, costs and expenses (including without limitation reasonable legal fees) arising from your use – in any form whatsoever – of this Site, from information you transmit to this Site, from your violation of any rights of third parties, or from your breach of these terms and conditions of use.
TERMINATION
This Site is made available at the discretion of The Tequila Guy. The Tequila Guy reserves the right to modify or discontinue the Site with or without notice and without liability to you or any third party at any time.
USER NAME AND PASSWORD
The confidentiality and use of your user name and password are your responsibility. You will be responsible for all uses of your user name and profile, whether or not authorized by you. You agree to notify The Tequila Guy of any unauthorized use of your user name or password.
OUR ADDRESS
The Tequila Guy
P.O. Box 40547
Arlington, VA 22204
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GOVERNING LAW
This Site was developed in, and in accordance with, the United States of America and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the United States of America and the Commonwealth of Virginia. You and The Tequila Guy agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Virginia. Your conduct may be subject to other laws. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
MISCELLANEOUS
The Tequila Guy makes no claims that the content of this Site may be downloaded outside of the United States. If you access this Site from outside the United States, you do so at your own risk. In such case, you are responsible for compliance with the laws of the country or territory in which you are located in relation to such access. References to a particular product or service do not imply that The Tequila Guy intends to make such products or services available in all countries.
Should any provision of these terms and conditions of use be invalid or should there be a gap in these terms and conditions of use, this shall not affect the validity of the remaining provisions.
The Tequila Guy shall only be legally bound by written agreements. Any oral arrangements between the parties shall not be legally binding, unless confirmed by The Tequila Guy in writing.
The Tequila Guy reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address or for particular registered users to this Site.
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