Welcome to the www.estrellagalicia.com/us website located at (the “Site”) and operated by Hijos de Rivera S.A.U. (“Hijos de Rivera,” “we,” “us” or “our”). Your use of the Site is subject at all times to these Terms of Use, our Privacy Policy, and all applicable laws, rules and regulations.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
Acceptance of Terms
Your use of the Site is voluntary, and by accessing this Site, you agree that you have read, understand and agree to be legally bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please do not access or use this Site. These Terms of Use may be modified, changed or altered by us at any time without prior notice. You further agree, in connection with your use of this Site, to our collection and use of your information as set forth in our
Drinking Age
By using the Site, you represent and warrant that you are over 21 years of age if you are located in the United States or of legal drinking age if you are outside of the United States. If you are an underaged person, you are not allowed to access or
use this Site, including accessing advertising or marketing information on the Site. If you are of legal drinking age, you acknowledge and agree that you will not share materials from this Site with underage persons. You further acknowledge and agree that you must be of legal drinking age to purchase or consume any of Hijos de Rivera’s products or merchandise or to participate in any of our promotions or other offers on this Site or otherwise.
Accessibility
If you are having any trouble accessing these Terms of Use or the Site, please contact us at +1 (703) 550-3993
Authorized Use of Site
This Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires the prior written consent of Hijos de Rivera.
Unauthorized Use of Site
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Site within another website. You may not resell use of, or access to, the Site to any third party without our prior written consent.
Proprietary Rights
Hijos de Rivera is the owner of or otherwise licensed to use all parts of the Site, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Site belong to third parties who have authorized Hijos de Rivera to display the materials, such as certain third party licensors. By using the Site, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms of Use are reserved by Hijos de Rivera.
No Ideas Accepted
We do not accept any unsolicited ideas from outside Hijos de Rivera including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Site, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for us to utilize your submission, you
hereby grant us an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
Liability Disclaimer
WHILE HIJOS DE RIVERA USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SITE, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR SITE, HIJOS DE RIVERA MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND HIJOS DE RIVERA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HIJOS DE RIVERA DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HIJOS DE RIVERA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, HIJOS DE RIVERA SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL HIJOS DE RIVERA BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY,
PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HIJOS DE RIVERA BE LIABLE OR FOR ANY DIRECT DAMAGES ABOVE WHAT YOU PAID TO HIJOS DE RIVERA FOR PRODUCTS AND SERVICES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE SITE, EACH OF WHICH, TO THE FULLEST EXTENT PERMITTED BY LAW, IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Indemnification
You agree to defend, indemnify and hold harmless us, our parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use; or (ii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Other Sites
The Site may provide you with links or access to other websites, services, products or content of third parties (“Third-Party Sites”). This may include links to social media platforms, and you may be given the choice of connecting to one or more social media platforms from this Site. Third-Party Sites may also reference or link to our Site. We are not responsible for the practices or content of such Third-Party Sites, and are not endorsing or promoting such Third-Party sites by providing a link thereto. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every Third-Party Site that you visit. You acknowledge and agree that you access such Third-Party Sites at your own risk and are wholly responsible for making your own independent judgments regarding your use or interaction with the same.
The laws of the State of New York shall govern these Terms of Use. While we will make reasonable efforts to resolve any disagreements you may have with Hijos de Rivera, if these efforts fail you agree that all claims, disputes or controversies against Hijos de Rivera arising out of these Terms of Use (“Claims”) are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential
address, or at some other place to which you and Hijos de Rivera agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
800-778-7879 (toll-free)
Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Use, in which case these Terms of Use will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying
applicable law, so determines. The arbitrator’s award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Hijos de Rivera hereby voluntarily and knowingly waive any right either may have to a jury trial.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
If you wish to begin arbitration against us but you cannot afford to pay the organization’s or arbitrator’s costs, we will pay those costs if you ask us in writing. Any request like this should be sent to [8394 Terminal Road Suite E / F Lorton, VA 22079 USA
]. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced. In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
Class Action Waiver
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HIJOS DE RIVERA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR
OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein, constitute the entire understanding between you and us.
Please contact us at: info@balearicbeverage.com with any questions regarding these Terms of Use.
These Terms of Use are effective and were last updated on [January 2017].