This Terms of Use Agreement (“Agreement”) constitutes a valid, binding contract between you and Tri-Starco, Inc. d/b/a Jerry’s Distributing Co., a Corporation organized under the laws of Texas (“Company”), the owner and operator of the site accessible through www.izkalitequila.com, with respect to the use of this website (the “Site”). The information provided on this site is provided subject to compliance with the terms of this Agreement. YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME. Please read this Agreement carefully as it forms a binding contract between you and COMPANY. Please print a copy of this agreement for your records.
Site Content for Informational Purposes Only
These materials have been prepared by COMPANY for informational purposes only and do not constitute any kind of advice, do not necessarily reflect the opinions of COMPANY, and are not guaranteed to be correct, complete, or up-to-date.
Personal Use of Contents
The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from COMPANY.
Use of Site
Your use of the Site is at the sole discretion of COMPANY, who may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continued use of the Site.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree not to use the Site to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
(d) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
COMPANY makes no representation regarding accessing the materials on this Site from jurisdictions where their contents are illegal or prohibited. Those users who choose to access this Site from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations.
Message Boards and Blogs
This Site may contain discussion groups, news groups, bulletin boards, chat rooms, blogs, and other interactive services (collectively, “Message Boards”). Your use of Message Boards is at your own risk. COMPANY reserves the right, but not the obligation, to monitor our Message Boards and to remove or alter any content, in our sole discretion. COMPANY is not responsible for maintaining your postings and COMPANY may delete or destroy them at any time.
Communications with this Site
Any communication or other content that you transmit to this Site, whether by e-mail, posting, uploading, or otherwise, will be treated as non-confidential and non-proprietary. By transmitting content to this Site, you automatically grant to COMPANY a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. You agree that COMPANY and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that COMPANY need not provide any compensation or acknowledgment to you in exchange for any such use.
Security
This Site takes reasonable precautions to protect our users’ information. It should be noted that emails and other information you send to us, except that which you send us on a secure page, is not encrypted and such transmissions cannot be considered a secure means of transmitting sensitive information. COMPANY will never ask you to submit your financial data, such as your credit card account numbers, via email. IF YOU RECEIVE AN EMAIL REQUESTING THAT YOU FORWARD INFORMATION OF THIS NATURE BY EMAIL, PLEASE CONTACT US DIRECTLY. DO NOT REPLY DIRECTLY TO THE EMAIL. Internet scams of this nature are often referred to as phishing.  You should be aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet and that any information you transmit through the Site may be damaged, corrupted, “sniffed” and/or accessed by another person without your permission. Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. COMPANY cannot ensure or warrant the ultimate security of any information you transmit.Â
Links to Other Sites
The Site may contain links to third party websites. Those links, if any, are provided as citations and aids to help you identify and locate other resources that may be of interest, and are not intended to state or imply that COMPANY sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. COMPANY makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS COMPANY, EMPLOYEES, OWNERS, CONTRACTORS AND OTHER AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF COMPANY, ITS OWNERS, CONTRACTORS AND OTHER AFFILIATES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) COMPANY MAKES NO WARRANTY THAT:
(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
(3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(d) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST COMPANY ARISING OUT OF THE USE OF THE SITE.
COMPANY SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
(a) COMPANY grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
(b) The logos, and other service marks and service names of COMPANY (“Marks”) are owned or licensed by COMPANY. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of COMPANY. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by COMPANY.
(c) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other mark up languages, and all scripts within the site associated therewith, are Copyright 2010-2011, Tri-Starco, Inc. All rights reserved. The copyrighted and proprietary property of COMPANY may not be duplicated or used without COMPANY’s express prior written consent.
Choice/Opt-out
Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to the Site. Users who no longer wish to receive e-mail which COMPANY may send, may opt-out of receiving these communications by clicking “unsubscribe” or by emailing COMPANY.
Children’s Privacy
This Site is not directed at children and may not be accessed by persons who do not verify that they are of legal drinking age. COMPANY will not (i) knowingly collect any information from minors, whether with or without their parent’s or guardian’s consent, or (ii) provide any personal information collected from children to any third party.
Privacy Policy
COMPANY provides this notice to explain the type of information COMPANY collects on the Site and how that information is used. When visiting our Site, COMPANY may collect information on an aggregate basis (information that is not personally identifiable with you) as specified herein. In all other instances, you should assume that we will track any information you provide COMPANY on a personally identifiable basis.
When you register with our Site, you can elect to receive information and updates on our products and services. Information will not be used for this purpose unless you request to receive such material.
Registration may be required to be eligible to enter online contests sweepstakes. COMPANY may use the information you provide when registering to fulfill prizes.
COMPANY may use return email addresses to answer the email that we receive, and COMPANY may use such email addresses to send you other information.
In addition to information that you provide us voluntarily, COMPANY may collect aggregate information in the form of IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers automatically identify your computer by its IP address. When you request a page from this Site, our servers log your IP address.
COMPANY may use cookies (a small data file that certain websites write to your hard drive when you visit them), log files, clear gifs or web beacons (known as action tags or single pixel gifs) information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide custom, personalized content and information; and (c) to assess the popularity and effectiveness of the material posted on the Site. COMPANY may also use web beacons in connection with e-mails sent to users, to let us know whether and when the e-mail was opened. You can refuse cookies by turning them off in your browser. You do not need to have cookies turned on to use the Site. However, if you turn off cookies, then you may not be able to utilize certain features of the Site.Â
COMPANY may use information for internal marketing analysis, for example, to assess trends among our consumers or to measure the amount of traffic to our Site. COMPANY may also share non-personal information with third parties, such as advertisers, in aggregate anonymous form, which means that the information will not contain any personally identifiable information about you.
COMPANY may use your personal information in order to respond to your queries and requests. Â COMPANY may also use your personal information in order to communicate with you about our products and services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses.
COMPANY may arrange for selected organizations to send you marketing and promotional information that may be of interest to you. In such circumstances your personal information may be disclosed to these organizations who will agree to be bound by the terms of this privacy statement. COMPANY will obtain your permission before it send you any such communications. Information that you post on or through the public areas of our website (e.g., Message Boards) are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of the website are encouraged to exercise caution when providing personal information about themselves in public or interactive areas.
In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, COMPANY may transfer, self, or assign to third parties information concerning your relationship with us, including without limitation, personally identifiable information that you provide and other information concerning your relationship with us.
COMPANY may transfer your personal information to third parties under confidentiality obligations when the performance of any service in relation to the activities above is sub-contracted (e.g. the administration of a marketing campaign). COMPANY will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Notwithstanding the foregoing, COMPANY may share or disclose your personal information when required to do so by law, court order or other governmental authority (including without limitation and by way of example only, in response to a subpoena, or in response to a law enforcement agency’s request), or when COMPANY believes in good faith that such sharing or disclosure is otherwise necessary or advisable (including, without limitation and by way of example only, to identify, contact or bring legal action against someone who may be causing injury to or interfering with the rights, obligations or properties of COMPANY, another user of the Site, or anyone else who may be harmed by such activities).
Modification
COMPANY may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made.  YOU ARE SOLELY RESPONSIBLE FOR MONITORING AND REVIEWING ALL SUCH UPDATES, MODIFICATIONS, ALTERATIONS, AMENDMENTS, SUPPLEMENTS, RELEASES AND WAIVERS, AND YOUR CONTINUED ACCESS AND USE OF THE SITE SHALL CONSTITUTE YOUR ACCEPTANCE OF SAID UPDATES, MODIFICATIONS, ALTERATIONS, AMENDMENTS, SUPPLEMENTS, RELEASES AND WAIVERS. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.
Entire Agreement
This Agreement constitutes the entire agreement between you and COMPANY with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.
Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
Governing Law and Venue
This Web site (excluding linked sites) is controlled by COMPANY from its offices within the State of Texas, United States of America. The Site may be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and COMPANY agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity). For the avoidance of any doubt, The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Policy. In the case of a dispute, you and COMPANY agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Harris County, Texas. You and COMPANY hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
Termination
COMPANY may terminate your right to use this Site, with or without cause at any time in its sole discretion. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
Contact Information
If you have a comment, question or request, or if you need to contact COMPANY for any other reason, you may do so by
(a) E-mail: You can email Company at consumer-care@izkalitequila.com
(b) U.S. Mail: Send mail to COMPANY at:
          Tri-Starco, Inc.
10155 Mula Road Suite # 100
Stafford, TX 77477