Terms of Use

 Welcome to the website for Del Maguey Inc. (“Del Maguey”, “we”, “us”, or “our”). By accessing our website (“Site”), www.delmaguey.com, you agree to accept, in full and without limitation, the following Terms of Use (“Terms”).

IF YOU DO NOT AGREE TO ABIDE BY OUR TERMS,
PLEASE IMMEDIATELY EXIT THE SITE.

Prohibitions

Your use of our Site is strictly limited to lawful purposes only, and you may not use or transmit to or through the Site language and/or materials which are:

  • Hateful, threatening, harassing, intimidating, abusive, or degrading.
  • Defamatory or libelous.
  • Pornographic, obscene, or otherwise objectionable.
  • In violation of any law, civil or criminal, or give rise to liability.
  • Ethnically or racially discriminatory, or otherwise objectionable.
  • Encouraging of illegal activities or activities such as hacking, phishing, or other related activities.

You may not use or transmit through the Site viruses, Trojan horses, adware, spyware, or any other computer code, program, file, software, hardware, or equipment which is harmful or invasive or intended to damage or hijack the Site.

Unless otherwise provided for in writing by us, solicitation and unsolicited and/or unauthorized advertising on the Site is strictly prohibited.

You may not use or transmit through the Site anything which infringes upon the intellectual property rights of Del Maguey or of any third party.

Del Maguey reserves the right to cooperate with law enforcement or court orders requesting the disclosure of the identity of persons engaging in any of the actions listed above.

Your use of the Site is strictly limited to personal and non-commercial purposes only.

Use of Information

Del Maguey may use, incorporate, or distribute any user’s non-personal information or data for commercial or non-commercial purposes without providing any compensation to the user.

Intellectual Property

The Site and its contents are protected by copyright, trademark, and other intellectual property rights by Del Maguey or third parties. All Del Maguey intellectual property, whether registered or unregistered, is owned solely and exclusively by Del Maguey, and the use of the Site in no way provides, whether express or implied, any rights whatsoever to Del Maguey intellectual property.

Except as expressly permitted in these Terms, no portion of this website may be used, reproduced, or displayed without the express prior written permission of Del Maguey.

Del Maguey owns the sole and exclusive rights to any and all ideas, information, suggestions, or submissions you may provide to us.

Unauthorized Use

This Site is not directed to, and we do not knowingly collect personal information from anyone under the age of 21. If you are under the age of 21, please immediately exit this Site.

UNDER NO CIRCUMSTANCES MAY YOU SUBMIT ANY PERSONAL INFORMATION TO US IF YOU ARE UNDER 21 YEARS OF AGE.

Disclaimers

Del Maguey makes no warranties or representations of any kind, express or implied, concerning any errors, inaccuracies, or omissions which may be contained in the Site. Further, Del Maguey assumes no responsibility or liability for any errors, omissions, or inaccuracies contained in the Site.

YOU ASSUME ALL RISK AND RESPONSIBILITY FOR THE USE OF THE SITE.

ALL INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 IN NO EVENT WILL DEL MAGUEY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES ARISING FROM LOSS OF USE OF DATA, PROFITS, OR DISRUPTION OF BUSINESS.

Indemnification

You agree to defend, indemnify, and hold harmless Del Maguey and affiliated entities and their respective directors, officers, employees, agents, shareholders, licensors, parent companies, and representatives from and against any and all claims, losses, costs, and expenses (including attorneys’ fees) arising out of your use of, or activities in connection with, the Site, any violation of these Terms by you or through your account, or any allegation that any submission, creation, or other materials you make available or create through or in connection with the Site infringe or otherwise violate the intellectual property or other rights of any third party.

Third Parties; Links to Outside Sites

The Site may refer to other individuals, companies, third parties, products, or services not owned by Del Maguey. Such references in no way imply any endorsement or recommendation of any kind by Del Maguey of those individuals, companies, third parties, products, or services.

The Site may contain links or references to other third party sites. Links to these sites in no way imply any endorsement or recommendation of any kind by Del Maguey of those third party sites or the content contained within those sites.

ACCESS TO ANY THIRD PARTY SITE LINKED TO OR FROM THE DEL MAGUEY SITE IS AT YOUR OWN RISK. DEL MAGUEY HAS NEITHER REVIEWED THE CONTENT OF THOSE SITES NOR IS RESPONSIBLE OR LIABLE FOR ANY OF THE CONTENT CONTAINED IN THIRD PARTY SITES. YOU ACCEPT ALL RISKS, LOSSES, LIABILITIES, AND DAMAGES RESULTING FROM YOUR USE.

Miscellaneous

The use of the Site imparts no partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Del Maguey and you.

These Terms are governed by the laws of the state of California with no regard to the choice of law principles of that state.

Any disputes, claims, or causes of action will be resolved individually, shall be resolved exclusively by a court of competent jurisdiction in Los Angeles County, California. Each party hereby agrees that such court shall have in personam jurisdiction and venue, and each party waives any and all objection based on inconvenient forum. You waive any and all rights to punitive, incidental, consequential, statutory, or any other damages.

Del Maguey reserves the right to revise these Terms at any time without notice. The date the Terms were last amended is provided at the end of these Terms.

If any portion of these Terms is found void, that portion is severable, and the remainder of the Terms will remain in full force and effect.

By using our Site, you agree that you have read and understood these Terms and agree to be bound by them.

Contact Us

If you have any questions, concerns, or comments regarding anything contained in these Terms or the Site, please contact us by mail at:

Del Maguey Inc.
122 State Road 240
Ranchos De Taos, New Mexico 87557

 

Last amended: 5/25/2016

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