Terms of Use

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These Terms of Use (“Terms”) apply to Tampico.com and all other web sites, applications and other features that post a link to these Terms (“Tampico,” “we” or “us”) (collectively, the “Tampico Sites”). The Tampico Sites are owned or controlled by Tampico Beverages, Inc. (“Tampico,” “we” or “us”). These Terms apply to your use of the Tampico Sites, regardless of whether accessed via computer, mobile device or otherwise. You agree to the terms and conditions in these Terms by accessing or using any of the Tampico Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE TAMPICO SITES.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition these Terms. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms. Please also review the Tampico Sites’ Privacy Policy.

TABLE OF CONTENTS

  1. OWNERSHIP OF TAMPICO SITES CONTENT
  2. YOUR LICENSE TO USE TAMPICO SITES CONTENT
  3. VIRAL DISTRIBUTION AND WIDGETS
  4. REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
  5. INFORMATION AND CONTENT YOU SUBMIT
  6. USER INTERACTIONS AND DISPUTES
  7. ACCEPTABLE USE POLICY: USAGE RULES
  8. MEMBERSHIP & REGISTRATION
  9. PROMOTIONS
  10. THIRD PARTY LINKS, CONTENT AND APPLICATIONS
  11. LINKING POLICY
  12. MOBILE
  13. DISCLAIMER OF WARRANTIES
  14. LIMITATION OF LIABILITY; WAIVER
  15. INDEMNIFICATION
  16. TERMINATION
  17. LOCATION OF THE TAMPICO SITES AND TERRITORIAL RESTRICTIONS
  18. DISPUTES, GOVERNING LAW AND CHOICE OF FORUM
  19. MISCELLANEOUS
  20. OUR RIGHT TO UPDATE THESE TERMS
  21. CONTACT INFORMATION

OWNERSHIP OF TAMPICO SITES CONTENT

Unless otherwise explicitly specified by Tampico, all materials that are included in or are otherwise a part of the Tampico Sites, including past, present and future versions, domain names, source and object code and the “look and feel” of the Tampico Sites (“Tampico Sites Content”) are owned, controlled or licensed by Tampico, its subsidiaries or affiliates, and are protected by copyright, trademark, patent, and other laws, rules, regulations and treaties from unauthorized use, copying and dissemination.

The Tampico Sites Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the prior express written permission of Tampico and as is expressly provided in these Terms. Any unauthorized use of the Tampico Sites Content is prohibited.

YOUR LICENSE TO USE TAMPICO SITES CONTENT

You may visit the Tampico Sites without further permission from Tampico and Tampico grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to, as applicable, download, view and play the Tampico Sites Content. This license is subject to your full compliance with these Terms. When you download or use the Tampico Sites Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Tampico Sites Content; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Tampico Sites, nor reverse engineer, modify or attempt to discover any source code associated with the Tampico Sites. You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Tampico Sites Content (except as may be a result of standard search engine or Internet browser usage).

VIRAL DISTRIBUTION AND WIDGETS

Tampico may allow you – but only with Tampico’s express written permission – to engage in certain personal uses of Tampico Sites Content that include the ability to share Tampico Sites Content with others (“Viral Distribution”). For example, the Tampico Sites may allow you to send Tampico Sites Content to friends, display Tampico Sites Content on your personal web site or post Tampico Sites Content on a third party web site. You also agree that you will not imply that you and Tampico are affiliated in any way or that Tampico approves of your comments. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason.

Similarly, the Tampico Sites may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Tampico Sites Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Tampico Sites Content made available via any Widget, except as expressly provided in these Terms.

NOTICE TO THIRD PARTY SITES: Any Tampico Sites Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us to you. We retain the right to demand that you cease any use of the Tampico Sites Content upon notice.

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

You may not use the Tampico Sites for any purpose or in any manner that infringes or misappropriates the rights of any third party. Tampico encourages you to report any content on the Tampico Sites that you believe infringes your rights, using the procedures described in this section. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content.

If you have a good faith belief that content on the Tampico Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Tampico has a designated agent for receiving notices of copyright infringement and Tampico follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Tampico’s copyright agent (identified below) the following information required by the DMCA, at 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works on the Tampico Sites are covered by a single notification, a representative list of such works on the Tampico Sites; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on the Tampico Sites violates your rights other than copyrights, please provide Tampico with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Please send your notice of claims of copyright infringement on or regarding the Tampico Sites or other complaint regarding alleged violation of rights to Tampico’s copyright agent, who can be reached as follows: Name: Pedro DeJesus
Mailing Address: 3106 North Campbell Ave. Chicago, IL 60618
Phone: (773) 296-0190
Fax: (773) 687-0849
E-mail Address: copyright@tampico.com

NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.

We have a policy of terminating the accounts of users (where appropriate) who (in our reasonable discretion) are repeat infringers.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Tampico will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.

INFORMATION AND CONTENT YOU SUBMIT

The Tampico Sites may provide features through which you can publicly post content (comments, recipes, or other material). You may choose to provide content to Tampico or post or disseminate content using the features available on the Tampico Sites (all such content is referred to in these Terms as “User Content”).

You agree that we will treat your User Content as non-confidential and non-proprietary and will not return your User Content to you. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Tampico the license below. Upon Tampico’s request, you will furnish Tampico any documentation, substantiation or releases necessary to verify your compliance with these Terms.

You acknowledge that the Internet may be subject to breaches of security and also acknowledge that submissions of User Content or other information may not be secure. You should consider these risks before submitting any information to Tampico.

You remain the owner of your User Content, but you acknowledge that Tampico must have a license from you in order to accept your User Content. Accordingly, you grant to Tampico an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.

You authorize Tampico to publish your User Content in a searchable format that may be accessed by other Internet users. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted. If, despite our policy, you send us the content addressed in the prior sentence, you agree that we will be free to use any such content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, without any payment of any kind to you.

You agree that Tampico has no obligation to monitor or enforce your intellectual property rights in your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. You further acknowledge and agree that except as expressly provided in these Terms, Tampico will not have any obligation to you with regard to User Content and that Tampico may or may not monitor, display or accept your User Content and may delete it at any time.

USER INTERACTIONS AND DISPUTES

You are solely responsible for your interaction with other users of the Tampico Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. You agree to use reasonable discretion in your interactions with others, when you submit or post any personal or other information, and in all other activities pertaining to the Tampico Sites.

ACCEPTABLE USE POLICY: USAGE RULES

When you contribute, upload or otherwise provide User Content to the Tampico Sites, you agree to comply with the following “Rules”:

  • User Content must be yours. All User Content must be original with you (or in the public domain), not copied from someone else’s protected work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Tampico Sites and elsewhere.
  • No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Tampico Sites, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
  • Do not upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
  • No music please. Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
  • Keep it relevant. Your User Content should relate to the content on the Tampico Sites and should be intended to add to the discussion and community on the Tampico Sites – it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).
  • Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others’ opinions and comments so we can continue to build an enjoyable community. If you think your User Content might offend someone, chances are it probably will and it does not belong on the Tampico Sites. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
  • Do not use the Tampico Sites for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Tampico Sites. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
  • Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone would risk being arrested for taking action suggested by your User Content, do not upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
  • No violence. Your User Content may not promote violence or describe how to perform a violent act.
  • Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
  • Public forum. We hope that you will use public forums to exchange information and content and have discussions with other members. However, please remember that our community is a public forum and User Content that you post in a public forum will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
  • Do not share other people’s personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
  • Do not damage the Tampico Sites or anyone’s computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Tampico Sites or any computer system.

Notwithstanding any of the above Rules, we reserve our rights to engage in traditional editorial functions concerning the operation of the Tampico Sites, and reserve all rights to restrict access to or availability of material that we consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

MEMBERSHIP & REGISTRATION

Certain areas of the Tampico Sites may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Tampico Sites, you agree to provide only true, accurate, current and complete information.

If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. Tampico reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.

You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Tampico Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Tampico Sites, including, without limitation, those governing your transmission or use of any software or data.

PROMOTIONS

The Tampico Sites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

THIRD PARTY LINKS, CONTENT AND APPLICATIONS

There may be links from the Tampico Sites, or from communications you receive from the Tampico Sites, to third party web sites or online features, including third party stores selling Tampico products. The Tampico Sites also may include third party content that we do not control, maintain or endorse.

Functionality on the Tampico Sites may also permit interactions between the Tampico Sites and a third party web site or online feature, including applications that connect to the Tampico Sites. For example, the Tampico Sites may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on the Tampico Sites, or a feature that lets you post to your social networking page a link to a specific Tampico product or the ability to share content from the Tampico Sites or your User Content with a third party, which may be publicly posted on that third party’s web site. Additionally, the Tampico Sites may permit content you post on third party social networking platforms to appear publicly on the Tampico Sites. Using the functionality described in this section typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE TAMPICO SITES INCLUDING, WITHOUT LIMITATION, THE PAYMENT FOR AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

LINKING POLICY

Tampico grants you the revocable permission to link to the Tampico Sites; provided, however, that any link to the Tampico Sites: (a) must not frame or create a browser or border environment around any of the content on the Tampico Sites or otherwise mirror any part of the Tampico Sites; (b) must not imply that Tampico or the Tampico Sites is endorsing or sponsoring any third party or its products or services, unless Tampico has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Tampico’s sole opinion, harm Tampico or its products or services; (d) must not use any Tampico trademarks without prior written permission from Tampico; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Tampico’s sole opinion); and (f) must be owned or controlled by you. By linking to the Tampico Sites, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, Tampico reserves the right to prohibit linking to the Tampico Sites for any reason in our sole and absolute discretion.

MOBILE

The Tampico Sites may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Tampico Sites, receive messages from the Tampico Sites, download applications to your mobile phone or access features from the Tampico Sites (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to your use of the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

You are responsible for promptly updating your mobile phone number so that any messages or notices from us regarding the Tampico Sites are sent to you and not to the person who is assigned your old number.

DISCLAIMER OF WARRANTIES

THE TAMPICO SITES, INCLUDING, WITHOUT LIMITATION, THE TAMPICO SITES CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TAMPICO OR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, AGENTS AND VENDORS (COLLECTIVELY, THE “TAMPICO PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE TAMPICO SITES; (B) THE TAMPICO SITES CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TAMPICO OR VIA THE TAMPICO SITES. IN ADDITION, THE TAMPICO PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE TAMPICO PARTIES DO NOT REPRESENT OR WARRANT THAT THE TAMPICO SITES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE TAMPICO SITES OR THE SERVERS THAT MAKE THE TAMPICO SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE TAMPICO PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE TAMPICO SITES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE TAMPICO SITES IS AT YOUR SOLE RISK. THE TAMPICO PARTIES DO NOT WARRANT THAT YOUR USE OF THE TAMPICO SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TAMPICO PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.

BY ACCESSING OR USING THE TAMPICO SITES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE TAMPICO SITES.

THE TAMPICO PARTIES DO NOT ENDORSE USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH THE TAMPICO SITES.

LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL THE TAMPICO PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE TAMPICO SITES; (B) THE TAMPICO SITES CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE TAMPICO SITES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TAMPICO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE TAMPICO SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE TAMPICO SITES’ TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE TAMPICO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE TAMPICO SITES). IN NO EVENT WILL THE TAMPICO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TAMPICO PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TAMPICO’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER TAMPICO SITES CONTENT OWNED OR CONTROLLED BY THE TAMPICO PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE TAMPICO PARTIES.

BY ACCESSING THE TAMPICO SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

INDEMNIFICATION

You agree to defend, indemnify and hold the Tampico Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Tampico Sites or activities in connection with the Tampico Sites; (c) your breach or alleged breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Tampico Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Tampico. You will cooperate as fully required by the Tampico Parties in the defense of any claim. The Tampico Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Tampico Parties.

TERMINATION

Tampico reserves the right to terminate your access to and use of the Tampico Sites in its sole discretion, without notice and liability, including, without limitation, if Tampico believes your conduct fails to conform with these Terms. Tampico also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to Tampico. Any violation of these Terms may be referred to law enforcement authorities.

LOCATION OF THE TAMPICO SITES AND TERRITORIAL RESTRICTIONS

Unless otherwise specified, the Tampico Sites are presented solely for, and any coupons, promotions and programs are offered only to, residents of United States of America, the U.S. Virgin Islands, Puerto Rico and Guam.

The information provided on the Tampico Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Tampico to any registration requirement within such jurisdiction or country. Tampico controls and operates the Tampico Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Tampico Sites are appropriate for use or access in other locations. Anyone using or accessing the Tampico Sites from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Tampico Sites or any portion of the Tampico Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by the Tampico Sites may be subject to United States export controls. Thus, no software from the Tampico Sites may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Tampico Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

DISPUTES, GOVERNING LAW AND CHOICE OF FORUM

These Terms will be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois, without regard to conflict of law provisions. Both parties agree that any claim or dispute between them must be resolved exclusively by a state or federal court located in Cook County, Illinois, except as otherwise agreed by the parties. Both parties agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes, and hereby waive all claims of forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods (“CISG”) shall not govern or apply to these Terms, and the parties hereby exclude application of the CISG. Any cause of action or claim you may have with respect to the Tampico Site must be commenced within one (1) year after the claim or cause of action arises.

MISCELLANEOUS

No waiver by Tampico of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Tampico. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Tampico may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Tampico’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Tampico by virtue of Tampico having drafted them.

Tampico reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Tampico Sites so that they are accessible via a link on the home page, and that your use of the Tampico Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Tampico Sites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Tampico Sites from that point forward.

CONTACT INFORMATION

You can contact us by clicking “Contact Us” or a similarly-titled link on the Tampico Sites. If you need further assistance, please:

Call us at: (773)-296-0190

Fax us at: (773) 687-0849; or

Write us at:
Tampico
3106 North Campbell Ave.
Chicago, IL 60618
Attention: Consumer Affairs Department