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Terms & Conditions

Welcome to www.DonChelada.com (“Site”). Don Chelada provides this Site for use by you (as permitted below) conditioned on your acceptance of Don Chelada’s terms and conditions set forth in these Terms of Use. Your access to and use of the Site constitutes your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

Don Chelada reserves the right, in its sole discretion, to change these Terms of Use at any time. Therefore, we recommend that you read these terms carefully each time you use the Site.

*Please also review the Privacy Policy, as it contains important information regarding how we handle your personal information, and the Terms and Conditions of Sale, below, as they set forth the terms for any purchase you make from the Site. These Terms of Use do not govern Don Chelada’s sale of products to you. Areas of the Site may have different terms of use or other disclaimers found on pages, applications, or programs. If there is a conflict between these Terms of Use and the terms of use or disclaimer posted for a specific area of the Site, the terms of use or disclaimer posted for that specific area of the Site shall have precedence with respect to your use of that area of the Site to the extent that they conflict with these Terms of Use.

Permitted Use of the Site

You may use the Site solely for your own personal, non-commercial use. You may download or print portions of the content of the Site, but not any significant portion of the content. You may use such downloads/print copies only for your own personal use, and you may not remove the copyright and/or other proprietary notices located on any such content.

Your use of the Site must be in accordance with all applicable laws. Your use of the Site is your acknowledgement that you do not acquire any ownership rights in the Site or any portions of its content.

Restrictions on Access to and Use of the Site

Don Chelada does not allow unauthorized access (hacking) into the Site. The use of deep-links, page scrapes, web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things, in connection with the Site is prohibited.

In your use of the Site, you shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise violate applicable law. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided through the Site.

Don Chelada reserves all rights in the Site and its contents not granted to you. Without limiting the foregoing, except as permitted above, you may not modify, publish, reproduce, duplicate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit the Site or the content of the Site (in whole or in part) for any purpose. Your use of the Site does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Site.

Copyrights, Trademarks and Other Proprietary Rights

The entire content of the Site including, but not limited to, text, design, software, photography, video, graphics, music, sound, and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws and is owned by or licensed to Don Chelada. All trademarks, service marks and trade names are owned by Don Chelada or other respective owners.

Linked Sites

This Site may contain links to other Sites on the Internet that are operated by third parties (“Linked Sites”). Don Chelada is not responsible for the content, advertising, products, or other materials made available on or through any Linked Site. Further, the presence of a Linked Site does not constitute an endorsement by Don Chelada of the content of the Linked Site, nor any association with its operators. The links to these Linked Sites are for your convenience only, and you access them at your own risk. Linked Sites are likely to have their own Terms of Use, and you are responsible for reading them to ensure your own compliance. Don Chelada shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such Linked Sites.

Don Chelada has no control over third parties or any links they provide to the Site. If a third party links to the Site, such linking does not imply any sponsorship or endorsement of the linking web site by Don Chelada, or by any group or individual affiliated with Don Chelada. No web sites that link to the Site may contain content that is distasteful, offensive and/or controversial, breach any laws or regulations, nor may they frame or otherwise incorporate the content or other materials on the Site.

Unsolicited Information

Please note that any unsolicited personal, confidential or proprietary information or material sent to Don Chelada through the Site, by e-mail or other means, will be deemed NOT to be confidential. By sending Don Chelada any such information or material, you grant Don Chelada an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, transfer and otherwise freely use those materials or information. You also agree that Don Chelada is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Disclaimer of Warranty; Limitation of Liability

THE SITE IS PROVIDED BY DON CHELADA ON AN “AS IS” AND “AS AVAILABLE” BASIS. DON CHELADA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT OF THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DON CHELADA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DON CHELADA DOES NOT WARRANT THAT USE OF THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE.

DON CHELADA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR ANY SITE LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF DON CHELADA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THERE ARE DIFFERENT TERMS IN THE TERMS AND CONDITIONS OF SALE, BELOW.

Indemnification

You agree to indemnify Don Chelada and its officers, directors, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees, that arise from your misuse of the Site, including, but not limited to, your violation of these Terms of Use.

Use Outside the United States

This Site is controlled, operated, and administered by Don Chelada from its offices within the State of Texas, United States of America. Don Chelada makes no representation that the content of the Site is appropriate or available for use at locations outside of the United States, or that access to the content from territories outside the United States is permitted. You may not use the Site or export the content of the Site (in whole or in part) in violation of United States export laws and regulations.

Applicable Law

These Terms of Use shall be governed by, and construed and enforced in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws, except that the federal law of the United States of America shall apply to questions regarding the validity, infringement or enforceability of United States federal patent, copyright and trademark rights relating in any way to these Terms of Use or the Site. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on you in the manner authorized by applicable law or court rule.

Copyright Complaints

Just as Don Chelada requires users to respect its copyrights and other intellectual property rights, and those of its affiliates and partners, Don Chelada respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization or in a way that constitutes copyright infringement, please contact us.

Questions

If you have any questions regarding these Terms of Use, please contact us.

© 2015 Don Chelada. All rights reserved.

Terms & Conditions of Sale

IMPORTANT NOTICE: DON CHELADA IS WILLING TO SELL PRODUCTS TO YOU VIA THIS SITE ONLY IF YOU ACCEPT THESE TERMS AND CONDITIONS OF SALE.

BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF SALE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SALE, Don Chelada IS UNWILLING TO SELL PRODUCTS TO YOU VIA THIS SITE AND YOU SHOULD NOT PURCHASE PRODUCTS THROUGH THIS SITE.

These Terms and Conditions of Sale are a legal agreement between you, either an individual or authorized representative of a legal entity (“you” or “your”), and SPFM, LP dba Don Chelada (“Don Chelada”) applying to the products (“Products”) purchased by you through the site (www.DonChelada.com) (“Site”).

*Please also review our Privacy Policy, as it contains important information regarding how we handle your personal information including any information you provide to us in the course of making a purchase via the Site, and our Terms of Use, above, as they set forth the terms governing general use of the Site.