Terms and Conditions

Welcome to www.Bajarriba.com (the “Site“), brought to you by Tres Cabo Amigos, LLC ("TCA"). Bajarriba Tequila (“Brand”) is imported exclusively by Baja United Group.

TCA is making its Site available to you subject to these evolving Terms & Conditions (“T&C”). The T&C govern your access to and use of TCA’ services available via its Site. The Site includes TCA’ related websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and any other related services that can be accessed via its Site or that link to these T&C (collectively, the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Site and Services you agree to be bound by these T&C. Since these T&C are evolving, expect frequent changes to them, and with such changes, your use, rights and privacy expectations may also change.

1. Who May Use the Site and Its Services.

If the law in your jurisdiction allows you to enter into agreements with third parties and you agree to these T&C, then you can use the Site and Services. However, if your mind is legally incapacitated (mental disability, intoxication, under the age of 18, etc.) for any reason, then you are not allowed to use the Site and Services. For those who are accepting these T&C and using the Site and Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

2. Privacy.

Our Privacy Policy describes how we collect, process, store and share the information you provide to us when you use our Site and Services. You understand that through your use of the Services, you are consenting to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by TCA and its affiliates.

3. Your Use and Content on the Site.

Your use of the Site and Content are at your own risk. You are responsible for your use of the Site and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. Don’t use the Site or hit the submit/send button, unless you are prepared to be held accountable for your use and Content.

4. Your Rights.

What you submit or post via the Site and Services, you own and are responsible for it. This may be your opinions, photos, videos, logos and any other thing that you can submit or post via the Site and Services. Please note that when you submit or post Content via the Site and Services, you are granting to TCA a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use it for TCA ’business interests.

5. Unaffiliated Products and Sites

This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.

6. Using the Services.

TCA’ Services are constantly evolving and our Services are likely to change from time to time, at our discretion and in accordance with our terms. TCA has the right and may stop (permanently or temporarily) providing Services or any features within the Services to you or to any user. TCA also retain the right to create limits on your use and storage at its sole discretion at any time. TCA may also remove or refuse to distribute any Content via the Site and Services, suspend or terminate users, and reclaim usernames without liability to you.

You acknowledge and agree that in consideration for TCA granting you access to and use of the Site and Services, you agree that TCA and its third-party providers and partners may place advertising to you via the Site and Services, or in connection with the display of Content (including your submitted or posted Content) or information from the Services whether submitted by you or others. You also agree not to misuse our Site or Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide.

TCA also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the T&C, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of TCA, its users and the public. TCA does not disclose personal identifying information to third parties except in accordance with its Privacy Policy.

You are not allowed to develop the Site and Services except as authorized in the T&C.

7. Ending These Terms & Conditions.

You may end your legal agreement with TCA at any time by discontinuing your use of the Site and Services.

8. All Other Terms.

The following additional terms also apply to your use of the Site.

A. Third Party Beneficiaries.

Certain third parties, and their subsidiaries are third party beneficiaries of this T&C and Privacy Policy, and, upon your acceptance, these third-party beneficiaries thereof will have the right (and will be deemed to have accepted the right) to enforce these T&C against you.

B. No Automated Querying.

You may not send automated queries of any sort to the Site, TCA or its systems without express permission in advance from TCA.

C. Representations and Warranties.

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to TCA and grant the licenses set forth above; (ii) TCA will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe on any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this T&C and all applicable laws.

D. Indemnity and Defense.

You will defend, indemnify and hold harmless TCA and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (i) your use of the Site or the Services; (ii) any actual or alleged breach of your representations, warranties, or obligations set forth in this T&C; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party.

E. Limitation of Liability.

TCA will not be liable for direct or indirect damages of any kind, including without limitation incidental, punitive or consequential damage or loss arising out of or in connection with this T&C, the Site, the Services, inability to use the Site or the Services, or resulting from any goods or services obtained or messages received or transactions entered into through the Site or the Services.

F. Disclaimer of Warranties.

The Site and the Services are provided on an “as is” and “as available” basis. TCA makes no representations or warranties of any kind, express or implied, concerning the Site, the Services or the content thereof. To the fullest extent permissible under applicable law TCA disclaims any and all such warranties including without limitation:

• Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
• That the Site or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
• That the information, content and materials included on the Site will be as represented;
• Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of TCA.

G. Third Party websites.

The Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.

H. Electronic Delivery of Notices.

By using the Site or the Services you consent to electronically receive from TCA any communications including notices, agreements, legally required disclosures or other information in connection with the Services. TCA may also provide such notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically you must discontinue your use of Site and the Services.

I. Venue and Applicable Law.

The Site is created, operated and controlled by TCA in the State of Arizona, United States of America. The laws of the State of Arizona govern this T&C without giving effect to principles of conflicts of laws. Any action arising under this T&C shall be brought only in courts located in Maricopa County, Arizona, which shall have exclusive jurisdiction and you consent to the exclusive jurisdiction of such courts.

J. Severability.

In the event that any provision of this T&C is held to be invalid or unenforceable the remaining provisions of this T&C will remain in full force and effect.

K. Waiver.

TCA will not be considered to have waived any of rights or remedies described in this T&C unless the waiver is in writing and signed by TCA. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of this T&C will not constitute a waiver of TCA’ right to subsequently enforce such provision or any other provisions of this T&C.

L. Relationship of Parties.

TCA is not your agent, fiduciary, trustee, or representative. Nothing expressed or implied in this T&C is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this T&C. This T&C is intended for the sole and exclusive benefit of TCA and you.

M. No Resale Right.

You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purpose any portion of this Site, or use of or access to this Site provided through this Site, beyond the limited rights granted to you in these Terms.

N. Force Majeure.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

These T&C is an agreement between you and Tres Cabo Amigos, LLC, 8711 E. Pinnacle Peak Rd., #369, Scottsdale, AZ 85255 U.S.A. If you have any questions about these T&C, please contact us at jay@bajarriba.com.

Effective: February 23, 2022

©2022 Tres Cabo Amigos, LLC All rights reserved.