TERMS AND CONDITIONS

Caballero de Luz LLC (“Company,” “we,” or “us”). You have accessed the service through our website, our mobile application, and/or through one of our duly authorized channel or third-party partner sites or services (collectively referred to as the “Site”). Your access to and use of the Site is subject to the following Terms and Conditions, including our Privacy and Cookie Policy (collectively, the “Terms and Conditions”), as well as all applicable laws. By accessing or using any part of the Site, you agree, without limitation or reservation, to be bound by these Terms and Conditions. If you do not agree to all of the Terms and Conditions set forth below, you may not use any part of the Site. These Terms and Conditions contain a class action waiver. Please read them carefully, as they affect your legal rights. If you do not agree, we advise you to refrain from accessing and/or using this platform and/or our services.

We reserve the right to modify the Terms and Conditions from time to time, without prior notice and at our sole discretion. It is your responsibility to review this page periodically for updates, which will take effect upon posting. Your continued use of the Site constitutes acceptance of such modifications. We also reserve the right to change, modify, suspend, or discontinue any part, feature, or content of the Site at any time. We may also impose limits on certain features or restrict your access to parts or all of the Site without prior notice or liability. By using the Site after any modifications to the Terms and Conditions, you agree to be bound by such changes.

LEGAL DRINKING AGE This Site is intended solely and exclusively for the use and enjoyment of (i) persons who are of the legal age to purchase and consume alcoholic beverages in their place of residence, or, if accessing the Site from another jurisdiction, in the jurisdiction from which they access the Site; and (ii) where the sale, consumption, and advertising of alcohol are permitted in the relevant jurisdiction.

To access or otherwise use the Site, (i) you must be of legal drinking age in the jurisdiction in which you reside or from which you access the Site (whichever applies); and (ii) the sale, consumption, and advertising of alcohol must be permitted in that jurisdiction. Persons below the legal drinking age or residing in jurisdictions where the sale, consumption, and/or advertising of alcohol is prohibited must not use the Site in any way. Otherwise, you may be in violation of applicable laws or regulations in your country of residence or access. In such a case, you must immediately leave the Site and refrain from using it or purchasing any products.

RETURN POLICY: AS A GENERAL RULE, WE DO NOT ACCEPT RETURNS OR EXCHANGES, AND WE DO NOT PROVIDE REFUNDS. 

However, we may review individual cases if your product was damaged during delivery for reasons beyond your control. If you would like us to consider a possible return or exchange, please contact our customer service at info@caballerodeluz.com. You may be asked to provide a valid photograph of the damaged product and follow any additional instructions or requests. If a return or exchange is approved, the appropriate refund will be issued, or a replacement product will be provided. The Company’s customer service team will assist you with all communications.

USE RESTRICTIONS

Except as expressly authorized by law, by us, or by the applicable licensor in writing through a duly executed agreement, you have no right to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, compile, merge, share, make available to any other person, or create derivative works from any or all materials or content available on the Site, nor to use them for commercial purposes.

USER CONDUCT

You represent and agree that, while using the Site, you will not upload, send, transmit, distribute, or otherwise publish through the Site any material that: (a) is protected by copyright or other proprietary or intellectual property rights, or derivative works thereof, except as permitted herein or without first obtaining permission from us or the copyright owner; (b) is unlawful, threatening, harassing, profane, tortious, criminal, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, or contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexually explicit language of a violent or threatening nature directed at another individual or group of individuals); (c) restricts or inhibits any other user from using and enjoying the Site; (d) constitutes or encourages conduct that could constitute a criminal offense or give rise to civil liability; or (e) contains a virus or other harmful component, any form of advertising, or false or misleading statements of origin or fact.

Furthermore, you represent and agree that you will not: (a) impersonate any person or entity, or misrepresent your affiliation with any person or entity; (b) upload, post, transmit, reproduce, distribute, or otherwise exploit any information or other material obtained through the Site for commercial purposes (except as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding, or use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, reproduce, store, or otherwise distribute content available on the Site; (d) tamper with the Site or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions, or interfere with the Site or any other user’s use of the Site, including, without limitation, by means of overloading, flooding, mailbombing, or crashing the Site, or circumventing any user authentication or security measures; or (e) attempt to gain unauthorized access to other computer systems through the Site. Except as expressly permitted herein, you may not upload, post, reproduce, transmit, or distribute in any way any component of the Site itself, or derivative works thereof, as the Site is protected by copyright as a collective work under applicable copyright law.

We have no obligation to monitor any content on or through the Site and assume no responsibility to do so. However, you acknowledge and agree that we reserve the right to monitor the Site and to disclose any information necessary or appropriate to comply with any law, regulation, or governmental request, to ensure the proper operation of the Site, or to protect ourselves and our users. We will not intentionally monitor or disclose any private email message unless required by law. We reserve the right to refuse to post or to remove any information or material, in whole or in part, that, in our sole discretion, is unacceptable, undesirable, inappropriate, or in violation of these Terms and Conditions.

You agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees, agents, and/or affiliates from any claims, liabilities, costs, and expenses, including, without limitation, reasonable legal fees and costs, arising in any way from your use of the Site or the posting or transmission of any message, information, software, or other materials on or through the Site by you.

Any other use of the Site requires the prior written consent of a legally authorized representative of the Company.

You may use the Site without registering; however, to access certain features of the Site, you must register for an account. Your account is for your exclusive personal use, and you may not authorize others to use it or assign or transfer it to any other person or entity. All registration information you provide must be truthful, and you may not use aliases or other means to conceal your true identity. You are responsible for maintaining the confidentiality of your password and will be solely liable for any use or unauthorized activity under your account. In addition to any rights or remedies available to us under these Terms and Conditions or applicable law, we may suspend, limit, or terminate your account, or your access to all or part of the Site, at any time, with or without notice and with or without cause. We may also forward any information regarding illegal activities, including your identity, to the appropriate authorities.

USER INFORMATION AND PRIVACY / COOKIE POLICY

In the course of your use of the Site, you may be required to provide, and we may collect, certain information about you and your use of the Site. The Company’s policies regarding the collection and use of such user information are set forth in the Privacy and Cookie Policy, in accordance with the Texas Data Privacy and Security Act (TDPSA). By using the Site, you agree to be bound by the Privacy and Cookie Policy in accordance with the Texas Data Privacy and Security Act (TDPSA), and you acknowledge and agree that you are solely responsible for the accuracy, content, and updating of your user information. The Privacy Policy is subject to updates at our sole discretion. You may review the Privacy and Cookie Policy, in accordance with the Texas Data Privacy and Security Act (TDPSA), at the following link: https://caballerodeluz.com/politica-de-cookies/

LACK OF CONFIDENTIALITY

You acknowledge and agree that, by using this Site, any and all communications and/or information transmitted by you to the Site or through the Site shall not be treated as confidential or proprietary.

INTELLECTUAL PROPERTY RIGHTS

We or our licensors are the exclusive owners of all copies, software (including code, interface, and website structure), and video, as well as the overall look and feel, graphics, design, and compilation thereof, trademarks, service marks, design marks, trade dress, patents, copyrights, database rights, and all other intellectual or proprietary rights contained in or used in connection with the Site. By using the Service, you agree not to copy, distribute, modify, or create derivative works from any material without the prior written consent of the owner of such materials. Unless expressly set forth in a duly executed and valid commercial agreement with the Company, no license or right, title, interest, or authorization is granted or transferred to you by virtue of your access to and/or use of the Site. The Company reserves all rights not expressly granted under these Terms and Conditions.

Unsolicited ideas. We do not accept unsolicited ideas from outside the Company, including, without limitation, suggestions regarding advertising or promotions, the marketing of any product, additions to our services, or changes to business methods. We may already be working on, or may in the future work on, ideas similar to those you submit. This policy eliminates any concerns regarding ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Site, you understand and acknowledge that such idea is not submitted in confidence and that we assume no obligation, express or implied, in considering it. You further understand that we shall be the exclusive owners of all known or future rights to the idea worldwide, and you hereby irrevocably assign such idea to us. Without limiting the foregoing, to the extent that such assignment is deemed unenforceable, and to the extent necessary for the Company to use your submission, you grant the Company an irrevocable, perpetual, worldwide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

SOCIAL MEDIA PLATFORMS AND OTHER LINKS TO AND FROM THE SITE

The Site may include links to social media platforms, including, without limitation, Facebook, Instagram, X (formerly Twitter), YouTube, and other available platforms (collectively, the “Social Media Platforms”). As part of the services available on the Site and your general use thereof, you may follow links from the Site to Social Media Platforms; share a link to the Site or to specific portions of the Site on Social Media Platforms; upload to the Site photographs or other content that are already stored on Social Media Platforms (provided that such photographs and/or content are owned by you); identify third parties on the Site by referencing their identities on Social Media Platforms (provided that you have obtained the consent of such third parties); or otherwise interact between the Site and Social Media Platforms in any other permitted manner.

In such circumstances, you agree to comply with these Terms and Conditions as well as the terms and conditions of the applicable Social Media Platforms. Please note that the use of Social Media Platforms is governed by separate terms and privacy policies, which may be found on the respective Social Media Platforms’ websites. You acknowledge and agree that the Company has no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site (“Linked Sites”). You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of, or reliance upon, any content, goods, or services available on such Linked Sites.

We reserve the right to remove Linked Content from our Site or from Linked Sites, to the extent we have control over such content, at any time and for any reason, including, without limitation, violations of these Terms and Conditions or the applicable terms of use of the Linked Site.

INTERNET ACCESS

You acknowledge and agree that, in connection with your use of the Site, you must: (a) provide your own Internet access and pay any service fees associated with such access; and (b) provide all equipment necessary to access and connect to the Internet, including, without limitation, a computer, software, modem, and an Internet connection or access method. The Company shall not be responsible for any malfunction, error, interruption, outage, or other adverse events that may occur as a result of your use of the Site.

DISCLAIMER OF WARRANTIES

The Site, including, without limitation, all content, functions, and materials, is provided on an “AS IS” basis, without warranties of any kind, whether express or implied, including, without limitation, warranties of information, data, data processing services, uninterrupted access, availability, accuracy, usefulness, or content of the information, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. No warranty is made that the Site or any functions, features, or content will be timely, secure, uninterrupted, or error-free, or that any defects will be corrected promptly or at all. No warranty is made that the Site will meet users’ requirements. No advice, results, or information, whether oral or written, obtained by you through the Site shall create any warranty not expressly stated herein. If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue use of the Site.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall the Company or any of its directors, officers, employees, agents, affiliates, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising out of or directly or indirectly related to the use of, or inability to use, the Site or its content, materials, or related functions, including, without limitation, loss of revenue or income, loss of anticipated profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, or loss of business, even if the Company or such person has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the foregoing limitations may not apply to certain users. In no event shall the Company be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Site. In no event shall the Company’s total, aggregate, fixed, and cumulative liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise, including, without limitation, negligence or other legal theory) arising from these Terms and Conditions and/or your use of the Site exceed, in the aggregate, the amount of USD $300.

INDEMNIFICATION

You hereby agree to indemnify us and our officers, directors, agents, employees, and representatives against any and all losses, damages, or costs arising from your use of the Site, any of its services, or any information accessible through the Site, including information obtained from linked or interconnected sites; from your submission or transmission of information or materials on or through the Site or any linked sites; or from your violation of these Terms and Conditions, the terms of use of any linked sites, or any applicable law, regulation, or rule. You further agree to hold us and our officers, directors, agents, employees, and representatives harmless from any claims arising from information or materials that you have submitted or may submit that violate any law or the rights of third parties, including, without limitation, claims for defamation, invasion of privacy, breach of confidence, copyright infringement, or infringement or violation of any other intellectual property rights. We reserve the right to assume the exclusive defense and control of any claim subject to indemnification, and you agree to cooperate fully with us in the defense of any such claim.

HOLD HARMLESS You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, business partners, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including, without limitation, attorneys’ fees) arising from your use of the Site, any breach by you of these Terms and Conditions, or any violation of applicable law.

RESTRICTION, SUSPENSION, AND TERMINATION

We may restrict, suspend, or terminate your access to the Site and/or your ability to use any of the Site’s services, including interactive services, at any time if we determine that you have violated these Terms and Conditions. Any such restriction, suspension, or termination shall be without prejudice to any rights we may have against you in connection with such violation. We may also remove the Site in its entirety or any section or feature thereof at any time. You acknowledge that we have the ability to track your IP address and, if necessary, contact your Internet service provider in the event of suspected violations of these Terms and Conditions.

GOVERNING LAW; DISPUTE RESOLUTION These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas. While we will make commercially reasonable efforts to resolve any dispute you may have with the Company, if such efforts are unsuccessful, you agree that all claims, disputes, or controversies against the Company arising out of or relating to these Terms and Conditions or the purchase of any product or service (“Claims”) shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles (except for matters that may be brought in small claims court), regardless of the legal theory asserted or the remedy sought (whether damages, injunctive relief, or declaratory relief). This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence by you or us, statutory or regulatory provisions, or any other source of law; Claims asserted as counterclaims, cross-claims, third-party claims, interpleaders, or otherwise; and Claims asserted individually or together with other claims.

CLASS ACTION WAIVER YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, BOTH YOU AND THE COMPANY (WHERE APPLICABLE) WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS PROCEEDING, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. ALL CLAIMS AND RELIEF SOUGHT AS PART OF ANY CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION MUST BE BROUGHT AND RESOLVED ON AN INDIVIDUAL BASIS ONLY (NOT ON A CLASS OR REPRESENTATIVE BASIS), AND THE COURT MAY AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS (NOT ON A CLASS OR REPRESENTATIVE BASIS).

WAIVER; REMEDIESOur failure to exercise or enforce any right or provision of these Terms and Conditions, or any waiver of any breach by you, shall not constitute a waiver of any subsequent breach of the same or any other provision. Our rights and remedies under these Terms and Conditions are cumulative, and the exercise of any such right or remedy shall not preclude the exercise of any other right or remedy.

ENTIRE AGREEMENT

These Terms and Conditions, together with our Privacy and Cookie Policy, constitute the entire agreement between you and us with respect to their subject matter and supersede all prior or contemporaneous promises, representations, agreements, statements, or understandings of any kind. To the extent that software is made available through the Site, such software may be subject to a license agreement distributed with or included with such software, and you agree to comply with the terms of any such license agreement. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in such provision, and the remaining provisions shall remain in full force and effect.

ASSIGNMENT We may, at our sole discretion, assign, transfer, or otherwise convey any or all of our rights and obligations under these Terms and Conditions to any third party or parties at any time without restriction or notice.

MODIFICATIONS As stated at the beginning of this document, these Terms and Conditions may be modified at any time without prior notice. In addition, all information published on the Site is subject to change without notice. Any such modifications will be posted on the Site. We encourage you to review the Terms and Conditions frequently. Your continued access to or use of the Site following such changes constitutes conclusive acceptance of those changes.

CONFLICTING TERMS In the event that you are required to accept multiple terms and conditions or terms of use (including those of any third party), these Terms and Conditions shall govern in the event of any conflict between you and us.