Terms of Service
Thank you for visiting Andina’s website. Please review the terms of service below because it discusses our relationship with you, our welcome guest.
- ACCEPTANCE OF TERMS
The following terms of service (“Terms of Service”) governs all your use of the services available on andinarestaurant.com (“Service”), as provided to you by La Costa Verde LLC, dba Andina (“Andina”, “us”, or “we”). YOUR USE OF AND/OR REGISTRATION ON ANY ASPECT OF THE SERVICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE. We may modify the Terms of Service at any time, and your continued use of the Service constitutes your acceptance to the then current Terms of Service. We will always post the most recent Terms of Service on andinarestaurant.com, so please check back often.
- YOUR USE OF THE SERVICE
The Service includes the sale of alcoholic beverages. Purchasers of alcoholic beverages are required by law to be 21 years of age or older. Therefore, we do not sell any alcoholic beverages to anyone under the age of 21 years. By using our Service, you represent and warrant that you are at least 21 years old and that any purchases you make through the Service will be shipped to a person that is at least 21 years old. You also agree that any alcohol purchased through our Service is for personal consumption only, and that you will not purchase anything through the Service for the purpose of resale.Some states’ wine laws may prohibit the direct shipment of wines. Andina makes no representations as to your legal rights or ability to ship or import wines into any state outside Oregon. You are solely responsible for the shipment of alcoholic beverage products and assume all obligations for compliance with your state’s laws. All alcoholic beverages are sold in Oregon and title passes to the buyer in Oregon. By placing an order with Andina, you authorize us to act on your behalf to engage a common carrier to Your right to use the Service is personal to you. You agree not to share your password or otherwise allow any third party to access the Service under your user name. You are responsible for all use of the Service by you or any other person you authorize to use the Service or who accesses and uses the Service with your user name.In addition to the above, you represent and warrant that you will not:
- Use the Service in any way that would violate any local, state, national or international law or regulation.
- Share you password with any third party or allow any third party to access the Service using your account.
- Attempt to access the Service using any account other than your registered account.
- Attempt to access Andina’s servers other than as part of using the Service, or otherwise attempt to disrupt, modify or interfere with the Service and related
- software and hardware.
- Attempt to interfere with any third party’s use of the Service in any way.
- Make any commercial or unauthorized use of the Service or any material obtained from the Service, except as expressly authorized by Andina in writing or as allowed by U.S. copyright law.
- Link to or frame andinarestaurant.com or otherwise reproduce any content on andinarestaurant.com except as authorized by us in writing.
- Crawl or otherwise access andinarestaurant.com with any robot, spider, or other automated program or routine.
- THE SERVICE
We reserve the right at our sole discretion to revoke your membership or deny use of the Service to anyone for any reason.We may allow third parties to advertise on our website. These third parties may offer goods or services through these advertisements. The advertisements’ appearance on our website does not imply that we support, agree with, or endorse any goods or services sold or provided by an advertiser on our website. All correspondence and business dealings between you and the advertisers on our website are solely between you and the advertiser. We will not be responsible or liable for any loss or damage resulting through any correspondence or business dealings between you and an advertiser.Hyperlinks to other websites not belonging to Andina may appear on our website. Your use of these hyperlinks will cause you to leave our website and the Service, and your web browser will be re-directed to a website not owned or operated by Andina. Andina does not warrant or make any representation regarding such websites’ accuracy or authenticity, and the appearance of such hyperlinks on our website does not constitute or imply support or endorsement by Andina of such websites. Any use of a hyperlink appearing on our website is at your own risk.All sales are final. We allow returns only if you notify us within 48 hours of receiving a delivery from us that the product you received is different from the product you ordered, or that any product was received damaged or broken, provided you report the problem to the carrier at the time of delivery.
- PROPRIETARY RIGHTS
The Service and all materials thereon are protected by copyright under U.S. copyright law, international conventions and other copyright laws. Andina and its partners own all content provided on our website and all trademarks, service marks, and logos that appear on our website.
We respect the copyrights of others. We take seriously any use of the Service that constitutes the infringement of another’s copyright rights. We reserve the right to terminate your account or the account of any user of the Service who infringes another’s copyright rights.If you believe your work has been copied and appears on the Service in a manner that constitutes copyright infringement, or if the Service contains a link to any other website containing material that constitutes an infringement of your copyright rights, we ask that you notify our copyright agent by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512).
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please only contact our copyright agent for copyright complaints, as our agent will not accept or respond to any other requests or correspondence. Andina’s copyright agent for notice of claims of copyright infringement can be contacted as follows:
idea advocates law group, PC
239 NW 13th, Suite 310
Portland, OR 97209
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. ANDINA PROVIDES THE SERVICE TO YOU “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE SERVICE WILL BE AVAILABLE, ERROR- FREE, OR UNINTERRUPTED, OR ANY WARRANTY AS TO THE SAFETY, RELIABILITY, ACCURANCY, COMPLETENESS OR SUITABILITY OF THE SERVICE OR ANY INFORMATION POSTED ON OUR WEBSITE, WHETHER BY ANDINA, OUR ADVERTISERS, OR CONTENT POSTED BY THE USERS OF THE SERVICE. ANDINA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT.
- LIMITATION OF LIABILITY
IN NO EVENT WILL ANDINA, NOR ITS SUPPLIERS, AFFILIATES OR ADVERTISERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE SERVICE OR YOUR USE OR FAILURE TO USE THE SERVICE, THE TERMS OF SERVICE, OR THE SALE OR PURCHASE OF ANY GOODS OR SERVICES THROUGH THE SERVICE OR ANDINA’S WEBSITE, EVEN IF FORESEEABLE OR ANDINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, ANDINA’S TOTAL LIABILITY TO YOU HEREUNDER WILL BE LIMITED TO THE REPLACEMENT OF ANY PRODUCT PURCHASED THROUGH THE SERVICE AS SET FORTH IN OUR RETURN POLICY HEREIN.
You agree to defend, indemnify, and hold harmless Andina and its agents, affiliates, third party advertisers, employees, and officers (“Indemnified Party”) from and against any and all claims, suits, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) brought by any third party resulting from, arising out of, or relating to Your use of the Service or your breach of the Terms of Service. Notwithstanding the foregoing, Andina retains the exclusive right to settle, compromise and pay any and all such claims, proceedings, actions or demands described herein.
The Terms of Service are personal to you. You may not assign the Terms of Service or any rights, duties, or obligations set forth therein. Any such assignment shall be null and void. The Terms of Service will be governed by the laws of the State of Oregon as such laws apply to contracts between Oregon residents intended to be performed entirely within Oregon. Any action or proceeding arising from or relating to the Terms of Service must be brought in the state or federal courts located in Portland, Oregon, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. If any provision of the Terms of Service is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. The parties to the Terms of Service are independent contractors. There is no relationship of partnership, joint venture, employment, franchise, or agency between the parties. The Terms of Service are between you and Andina, and there are no third party beneficiaries to the Terms of Service. All waivers must be in writing. No failure of either party to exercise or enforce any of its rights under the Terms of Service will act as a waiver of such rights. Andina will not be in breach of the Terms of Service or the use of any Service or the placement of any orders on andinarestaurant.com if we are prevented or delayed from performing any of our obligations due to circumstances beyond our reasonable control. The headings of Sections of the Terms of Service are for convenience and are not to be used in interpreting the Terms of Service. The Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, or communications, whether written or oral. If you have any questions or comments about the Terms of Service, andinarestaurant.com, or the Services we provide, please send as an email at email@example.com.