Términos y condiciones

 

Terms of Service

Last Updated:  December [16], 2020

These Terms of Service (the “Terms”) are a legal contract between V. Suárez & Co., Inc. and its affiliates (collectively, “Company”, “we” or “us”) and “you” (and “your,” “Visitor,” or “User”).  The Terms explain how you are permitted to use the services provided by and through our platform and website(s) (located at URLs https://elhorreopr.com/ and https://www.vsuarez.com/) as well as through all of our associated internet properties (either linked by Company and/or its affiliates) and any software that Company provides to you for download, including in your mobile devices (our “Mobile App(s)” or “App(s)”) (all of these virtual properties and mobile applications, collectively, the “Site”).  These Terms also govern your use of all the text, data, information, software, graphics, proprietary content and more (all of which we refer to as “Content”) that we and/or our affiliates may make available to you, as well as any services we may provide through this Site).  Collectively, the Site, the Content, and the services provided herein are referred to as the “Service”. 

IMPORTANT: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. DEPENDING ON YOUR JURISDICTION, THIS SECTION MAY NOT APPLY TO YOU. 

THE SITE IS ONLY INTENDED FOR VIEWING IN PUERTO RICO IF YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU ARE IN THE CONTINENTAL UNITED STATES OF AMERICA, YOU NEED TO BE 21 OR OLDER TO PURCHASE AND/OR CONSUME ALCOHOLIC DRINKS.

IF YOU DO NOT MEET THESE REQUIREMENTS, YOU ARE NOT AUTHORIZED BY US TO USE OR VIEW THE SITE.

1. CONTRACTUAL RELATIONSHIP AND ACCEPTANCE OF THESE TERMS

Accessing the Site and/or using the Service, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms). These Terms are in addition to any other terms and conditions that may apply to purchases you make in-Store (as opposed to online) at a retail location.

You may only use the Site if you are 18 years of age or older. To register for an account, make purchases, subscribe to receive any services from us (in any form and via any media), you must be 18 years of age or older. If you are under 18 years of age do not register with us or use the Service.

If you are entering into these Terms on behalf of a business entity or organization, you represent and warrant that you have the legal authority and capacity to bind such business entity or organization.  If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.

2. MODIFICATIONS

We reserve the right to change these Terms or to impose new terms and conditions on use of the Site or the Service, from time to time, in which case we will post the revised Terms on the Site and update the "Last Updated" date to reflect the date of the changes.  We will ask for your express consent to the updated Terms where we are legally required to do so, and our notice to you will explain how you can accept or reject the changes.  By continuing to use the Site or the Service or make any purchases after we post any such changes or notify you of any material changes, you accept the Terms, as modified.

Company may make changes to the Service at any time, without notice to you. If you object to any changes to the Service, including the availability of certain products, your sole recourse will be to cease using the Service. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as modified. We also reserve the right to discontinue the Service, or any component of it, at any time without notice to you. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service.

We also reserve the right to deny access to the Site or any features of the Service to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.

If you have questions or concerns about our specific terms, please send an e-mail to no-reply@elhorreopr.com or  info@vsuarez.com.

3. PRIVACY POLICY

Your use of our Site is also subject to our Privacy Policy which is hereby incorporated by reference.

4. ACCESSIBILITY OF OUR SERVICE

Site, stores & services intended for persons aged 18 or older only.

We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 18. By using this Site, you represent that you are over the age of 18. Also, Company works diligently to ensure that alcohol beverages are not delivered to anyone who is under the age of 18. By using the Site, you represent that the person placing an order, picking up the order in one of our Stores (called “in-Store pickup”), or receiving a shipment or delivery of alcoholic beverages from us (where permitted) is over the age of 18. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale.

Your representations are critical to your right to use the Site. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 18, we may take action to prevent you from accessing the Site and report your misrepresentation to the appropriate authorities.

Customers with disabilities

Company strives to make our Site’s content accessible and user-friendly. Consistent with this goal, we continually strive to meet online usability and design standards to the extent required by the Americans with Disabilities Act (ADA).

If you are having difficulty viewing the content on our Site or navigating our Site, please contact us at no-reply@elhorreopr.com or info@vsuarez.com or +1 (787) 474-1400.

Parental control protections

As required by the Communications Decency Act of 1996 (47 U.S.C. Section 230(d) as amended), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law.

5. YOUR ACCOUNT

These Terms apply to all persons who visit the Site ("Visitors"), regardless of a Visitor’s purpose, use, or amount of use.

However, in order to access certain password-restricted areas of this Site (such as for making purchases) and to use certain services offered on and through this Site, You must successfully register an account with Us and become a “Registered User”.

You may create a personal account (“Account”) to place orders using the Site or to participate in any loyalty or rewards program that we may offer now or in the future. You may have the ability to purchase on our Site without creating an account; however, you will need to reenter your personal information each time you use our Site in order to make a purchase.

If you create an Account, you will be asked or required to provide certain personal information, such as your name, address, phone number or email address (“Personal Information”).  If we offer a Loyalty program, you may be asked to provide additional information, including your Loyalty Account Number if any. Please see our Privacy Policy for more information on how we protect your Personal Information.

If you create an online Account, you agree to provide truthful, accurate and complete information about yourself as prompted by the online or mobile forms. If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for opt-in or registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Site and/or to suspend or terminate your Account.

We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your Account, including, but not limited to, your failure to receive critical information about our Company and/or the Site.

Your selection and use of an Account username and password, and any other information required for security access and authentication purposes, are subject to these Terms. You agree not to share your username, password and any security-related information with anyone. You are responsible for all use of your Account and for ensuring that access to and use of your Account complies fully with these Terms. You acknowledge and agree that any use of your Account through your username, password and security information shall be deemed to be your actions, which we may rely upon. You are responsible for protecting the confidentiality and security of your Account.

6. USE OF THE SERVICE

At Company, our goal is to create a positive, rewarding, and safe experience in connection with our Site and our services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users or to the Company. When you use the Service, you may not:

• Intentionally or unintentionally violate any law, regulation or these Terms;
• Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;
• Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• Distribute, retransmit, republish, reuse, re-post, or use any of the design features, logos, tradenames, trademarks or other content of the Service for public or commercial purposes, without Company’s prior written permission;
• Post, share, send, or otherwise use the Site to do anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• Alter or interfere with the content or functioning of the Site, or “mirror” any content contained on the Site on any other server;
• Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• Use automated technology of other means to use the Site or scrape or crawl any pages or content contained in the Site. Company may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly-available searchable indices of the materials, and Company reserves the right to revoke these exceptions either generally or in specific cases;
• Exceed authorized access, tamper with, or misuse any areas of the Site or Company’s computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution;
• Attempt to circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Site;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to operate the Site;
• Frame or link to Site, unless permitted in writing by Company; and
• Advocate, encourage, or assist any third party in doing any of the foregoing while using the Site.

Also, you agree that you will notify us immediately of any unauthorized use of your account or password, or any other breach of security.

You are responsible for your use of the Site, and for any use of the Service made using your Account. Your use of our Service is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with that attempted, alleged or actual use or access to our Service.

7. USER SUBMISSIONS

If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on the Service (“User Submissions”) that may be accessible and viewable by the public.

With respect to User Submissions posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of our other posted policies; and (iii) your User Submissions will comply at all times with the restrictions set forth in Section 6 regarding use of the Service.

We do not claim ownership to User Submissions. However, by posting User Submissions, you irrevocably grant us and our assigns, agents and licensees and other Users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (a) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (b) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Submissions that you post on the Service.

We may refuse, alter, or remove a User Submission without notice for any reason at Company’s sole discretion, including our belief that a User Submission may violate these Terms or be otherwise objectionable. If and to the extent that we elect to accept User Submissions, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Submissions posted on the Service, at any time and for any reason, without notice, including to ensure that all such User Submissions complies with these Terms. We do not endorse any User Submissions and the User Submissions posted does not reflect our opinions, views or advice. You are solely responsible for your User Submissions and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Submissions. We take no responsibility and assume no liability for any User Submissions that you or any other User or third-party posts or sends on or through the Service, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any User or third party.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other User and shall have no liability for your interactions or any disputes with other Users or for any User’s action or inaction. You are solely responsible for your conduct on the Service and your interactions with other Users.

Notwithstanding our rules with regard to User Submissions, you may be exposed to content on the Service that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Submissions on the Service, whether or not it violates our Terms.

If and to the extent that we elect to accept User Submissions, please choose carefully the information you post on the Service and that you give to other Users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other Users with whom you come in contact through the Service, and to the extent that the law permits, you release us from any claims or liability related to any User Submissions posted on the Service and from any claims related to the conduct of any other Users.

Feedback

You may submit reviews or other feedback on the Site. Any comments, suggestions, or feedback relating to the Site (collectively “Feedback”) submitted to Company shall become the property of Company. Company will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, services, application, site, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Site, or its operations or business, in the future. Without limitation, Company will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

8. SITE CONTENT

Ownership and Intellectual Property Rights

All text, graphics, logos, icons, images, audio clips, video clips and software on the site (“Content”) are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks, trade names, or brand or product names which are owned us or by third parties who license them to us. Unless authorized in writing by an officer of Company, you may not use any Content. Even if we consent in writing, you may not use any of our Content in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other website or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.

Site Content is selected by our editors and is editorial content. We do not accept or take advertising, except where we specifically indicate as such. We do not accept payment from third parties for products or Content to appear on the Site. From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will be clearly marked as such. When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content you should unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or sending an email to no-reply@elhorreopr.com or info@vsuarez.com with “Unsubscribe” in the subject line. If you unsubscribe you will not receive any Content, whether it is Sponsored Content or Company Content. To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of Company and we accept no responsibility for any such third party opinions and views.

Third party Content and monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Site by any third parties (including information providers, product-brand owners, and Users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.

Links

Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.

Notice and procedure for claims of copyright infringement

If you believe that any content (including User Submissions) appearing on the Service, including Content created and/or displayed by Company or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below.

A notification of claimed copyright infringement should be e-mailed to our copyright agent at notices@vsuarez.com  with “DMCA Takedown Request” in the subject line. You may also contact us by mail at: V. Suárez & Co., Inc., P.O. Box 364588, San Juan, Puerto Rico 00936-4588. Attention: Legal.

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service that is reasonably sufficient to enable us to identify and locate the material;
• how we can contact you, such as your address, telephone number and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and
• a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

9. ERRORS ON OUR SITE

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

10. PRODUCT ORDERS USING OUR SITE

Validating your order

After you place an order using our shopping cart, we will check the information you give us for validity and compliance with applicable laws and regulations, by verifying your method of payment or delivery/shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Company reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Order limitations and product availability

We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same account or individual, the same credit card, and orders that use the same billing and/or delivery/shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

Not all items listed on the Site may be available for sale in Store(s), or the prices, promotions, and quantities may vary depending on the Store location. Some items, especially highly-allocated or limited quantity items, may be listed on the Site but may not be available for sale or in the quantities indicated. We reserve the right, in our sole discretion, to restrict or refuse the sale of any such items if the quantities held in inventory exceeds the demand for those items. Please check with the Store for current availability.

Title and Ownership of Product

Title to, and ownership of, all alcoholic beverages and other products sold through the Site passes to you upon purchase, selected by you on the Site. Once a sale has been approved, there are essentially two ways to receive your purchase: (i) in-Store pickup, where one of our Store team members will pick your order and have it waiting for you to pick up at your convenience; and (ii) delivery, where available, which means that a Store team member will pick your order and either the Store or a third-party delivery vendor will deliver your order to your delivery address or other authorized location within the selected Store’s designated service territory. You will be charged the applicable taxes (including the sales tax), if any, assessed where the sales transaction occurred.

In-store Pickup

The Company Store(s) permit in-Store pickup. Once confirmed, all orders are subject to product availability and will be available for pickup at the Store you designated in your order according to our pickup policies. We will use the email address provided with the order to contact you when your order is ready for pickup. Please check with your Store to confirm if you need to pick-up the order or if someone else can pick up the order on your behalf. 

If you have not picked up your order within 14 days of placing it, we will attempt to notify you by contacting you with the information provided at the time the order was made. We reserve the right to keep the order, cancel the order, return the products or other goods, and issue a credit to the credit card used to place the order in the amount of the charge corresponding to the intended purchase. Individual bank policies will dictate when this amount is credited to your account.

Delivery

Delivery to your home, office or event location is available depending on your location. Where permitted, you (or, where allowed, your designee) must be aged 18 or older and must present a valid government-issued identification in order to obtain your shipment. All delivery orders are subject to product availability and delivery locations, quantities and frequency may be restricted by law or Company discretion. Delivery fees may apply.

Also, you may have the option to provide your phone number or email address for purposes delivery notifications.

Shipping

At this time we do not offer shipping services. If we open shipping services, the following terms apply:  Shipping, either intrastate or interstate (where permitted), means that a common carrier will deliver your order as specified by you. We make no representations about the legality of shipping alcoholic beverages. By arranging for transportation or shipping of any alcoholic beverage under your instructions, we are providing a service to, and acting on your behalf.

All orders placed on our Site are subject to product availability and will be shipped according to any applicable shipping policies and rates that we may post of the Site and which may vary based on applicable state law. In the event a shipped order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.  

Returns

Our goal is that all our customers are satisfied with their orders.  Please note that it is our policy that alcohol returns can only be accepted if the product is spoiled or otherwise unfit for consumption.

If you purchased products in our Store, return to the store for return processing.

If your product was delivered or shipped, please contact Customer Service at no-reply@elhorreopr.com

 or call (787) 474-1400 for specific instructions.

11. MOBILE AND MOBILE APPS

Company offers areas and features that are accessible via a computer or mobile device, such as a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as we have no control, and are not responsible for such charges.

You agree that for the functions or services for which you have created an Account with Company or have otherwise completed a purchase, we may send communications to your mobile device regarding those functions or services. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.

BY ACCESSING, BROWSING, OR USING THE MOBILE APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE THE CURRENT SUBSCRIBER OR CUSTOMARY USER OF THE MOBILE PHONE NUMBER YOU PROVIDED TO COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE YOUR MOBILE PHONE TO ACCESS THE SITE.

PLEASE NOTE: You agree that if the mobile telephone number you provide Company at any time becomes reassigned, terminated or otherwise no longer your current mobile telephone number, you will PROMPTLY NOTIFY Company of any such reassignment or termination by calling +1 (787) 474-1400 or by sending an email to no-reply@elhorreopr.com

12. SPECIAL PROVISIONS FOR MOBILE APPLICATIONS.

If we offer a Mobile Application for download, the additional terms apply.

(a)  App Stores.  You acknowledge and agree that the availability of the Mobile Application and the Service is dependent on the third party from whom you received the Mobile Application license, e.g., the Apple App Store or Google Play (“App Store”).  You acknowledge that the Terms are between you and Company and not with the App Store.  Company, not the App Store, is solely responsible for the Service, including the Mobile Application, the Content thereof, maintenance, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Mobile Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with Service.  You agree to comply with, and your license to use the Mobile Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Service, including the Mobile Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

(b)  Additional License Terms for use of the Service in conjunction with the Apple App Store.  With respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Stored Sourced Application (i) on an Apple-branded products that runs the iOS (Apple’s  proprietary operating system), and (ii) as permitted by the “Usage Rules” set forth in the Apple Terms of Service.  The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

• You acknowledge and agree that (i) the Terms are concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
• In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
• You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• You and Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
• You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
• Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

(c)  Additional License Terms for use of the Service in conjunction with the Android  App Store. The following additional terms and conditions apply with respect to any Mobile Application that Company provides to you designed for use on an Android-powered mobile device (an “Android App”):

• You acknowledge that these Terms are between you and Company only, and not with Google, Inc. (“Google”).
• Your use of Company’s Android App must comply with Google’s then-current Google Play Terms of Service.
• Google is only a provider of the Android App market where you obtained the Android App. Company, and not Google, are solely responsible for Company’s Android App and the services and content available thereon.  Google has no obligation or liability to you with respect to Company’s Android App or these Terms.

You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Company’s Android App.

(d) Geo-Location Terms.  The Service may include and/or make use of certain functionality and services provided by third-parties that allow Company to include maps, geocoding, places and other content as part of the services (the “Geo-Location Services”).  The Geo-Location Services may be provided by Google Inc., in which case your use of the Geo-Location Services will be subject to Google’s then current Terms of Use for Google Maps/Google Earth. By using Google’s Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use and the current Google privacy policy.

13. COMMUNICATIONS AND TRANSACTIONAL SMS/TEXT ALERTS

Consent to Electronic Communication

You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Service as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

In-Store Pick-Up Order Status

You may elect to receive an SMS/text alert regarding the status of any in-Store pick-up order that you place via the Site. If you elect to receive a status update, Company will send a one-time automated SMS/text message regarding the status of your order to your mobile telephone. Please note that to receive status updates from Company, you will be required to elect to receive a text message for each individual order status notification requested. Message and data rates may apply.

Delivery Order Status

You consent to receiving SMS/text alerts regarding the status of any delivery order that you place via the Site. If you elect to receive a status update, Company or its third-party delivery provider will send automated SMS/text messages regarding the status of your order to your mobile telephone. Message and data rates may apply.

Message & Data Rates May Apply

All charges are billed by and payable to your mobile service provider. Company or its third-party delivery provider does not charge for sending or receiving text messages. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, your opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the Service. All data obtained is subject to our Privacy Policy.

You acknowledge that any text messages you receive from Company or its third-party delivery provider are distributed via third-party mobile network providers. As a result, Company or its third-party delivery provider cannot control certain factors relating to message delivery. You further acknowledge that neither Company, its third-party delivery provider, nor your wireless carrier is liable for delayed or undelivered text messages.

14. TERMINATION OF USE

We may terminate your Account or prevent use of the Service with or without cause at any time, with immediate effect. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Service at any time without prior notice.

15. SITE SECURITY

We aim to protect your personal information by implementing and maintaining commercially reasonable security, such as by using reasonable organizational, technology and physical safeguards appropriate to the type of the personal information we hold. However, no security controls can be expected to be effective all of the time, and therefore Company cannot ensure or warrant the security of your personal information. We therefore urge you to always use caution when transmitting information over the Internet.

16. DISCLAIMER OF WARRANTIES

We make no representations about the suitability, reliability, availability, timeliness and accuracy of the Service. OUR SITE, THE SERVICE, THE CONTENT AND ALL PRODUCTS SOLD ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.  WE CANNOT AND DO NOT WARRANT, PROMISE, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, SECURITY, RELIABILITY, AVAILABILITY OR ANY USE OF THE FUNCTIONS, FEATURES, OPERATIONS, CONTENT OR INFORMATION ASSOCIATED WITH THE SITE, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

17. LIMITATION OF LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF ANY COMPANY ENTITY TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT OF FIFTY CENTS ($0.50).  NO COMPANY ENTITY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY IS HEREBY LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

If you are dissatisfied with any portion of the Site, or with any part of the Terms or your transactions with us, your sole and exclusive remedy is to discontinue using Site and stop initiating transactions with us. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms must be filed by you within one year after such claim or cause of action arose or be forever barred.

18. INDEMNITY

You agree to indemnify, defend, and hold harmless Company, its affiliates, employees, officers, agents, vendors and service providers (“Company Entities”), from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Company Entities, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any User Submission you post or upload on the Site; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; and (iv) any misrepresentation made by you  (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Company Entities in the defense of any Claim and Losses. Notwithstanding the foregoing, Company Entities retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Company Entities reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Company Entity.

19. GOVERNING LAW AND VENUE

This agreement will be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without giving effect to any principles of conflicts of law.

20. ARBITRATION AGREEMENT

PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

It is Company’s goal that the Site meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Company is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Company, you acknowledge and agree that you will first give Company an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to V. Suárez & Co., Inc., P.O. Box 364588, San Juan, Puerto Rico 00936-4588. Attention: Legal - Customer Dispute. You then agree to negotiate with Company in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Company’s receipt of your written description of it, you agree to the further dispute resolution provisions below.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Service and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Company Entities' or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by the Company Entities and/or the applicable third party(ies) either in court or from an arbitrator. You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the Commonwealth of Puerto Rico shall apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid of arbitration, confirmation of the award, and judgment enforcement, the laws of the Commonwealth of Puerto Rico shall apply.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”). The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and any of the Company Entities, as applicable, agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any claim for or award of attorneys’ fees is waived. An arbitrator may award on an individual basis any relief. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.

To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND COMPANY BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

In no event shall any claim, action or proceeding by you related in any way to this Arbitration Agreement be instituted more than one (1) year after the cause of action arose.

21. FORCE MAJEURE

We shall be excused from performance under this Terms if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

22. GENERAL

These Terms together with our Privacy Policy, constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

23. CONTACT US.

If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us at V. Suárez & Co., Inc., P.O. Box 364588, San Juan, Puerto Rico 00936-4588, with a copy to no-reply@elhorreopr.com or info@vsuarez.com or call us at +1 (787) 474-1400.

© 2020 V. Suárez & Co., Inc. All rights Reserved.