Terms of service

1.       Terms and Conditions of Service

This website is operated by Amigos Spice Company. Throughout the site, the terms “we”, “us” and “our” refer to Amigos Spice Company. Amigos Spice Company offers its website www.amigosspiceco.com (“website” or “site”), including all information, tools and services available from and on the Site to you (the “Service”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, and as amended from time to time (“Terms”).

By visiting our site and/or making a purchase, you agree to be bound by these Terms and conditions and all other terms and conditions and/or policies referenced in this agreement. These Terms apply to all users of the site, including users who browse the website, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the Terms, then you may not access the website or any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the website are subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued access or use of the website constitutes acceptance of changed Terms.

Our store is hosted with Shopify Inc. Shopify provides the online e-commerce platform that allows us to sell our products and services to you.

2.       ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. All pages, features and content within the Service and any material made available for download are the property of Amigos Spice Company, or its licensors or suppliers, as applicable. The rights of Amigos Spice Company and its Service is protected by United States and international copyright and trademark laws. The contents of the Service, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Service (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved in writing by Amigos Spice Company. You shall comply with all proprietary notices contained in any Content accessed via the Service. You must obtain our prior written consent when using Content to: (i) develop any software program, including but not limited to, training a machine learning, artificial intelligence (AI) system, or large language model; or (ii) providing archived or cached data sets containing Content to another person or entity. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Amigos Spice Company without our express written consent. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

3.       GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (excluding financial account information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Financial account information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4.       ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on our site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Your reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time and have no duty to update any information on our site. Additionally, we disclaim all responsibility and will not be liable for information or content posted to the Service from any third party. You agree that it is your responsibility to monitor changes to our site.

5.       MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time and in our sole discretion to modify or discontinue the Service (or any part of the Service) without notice to you. We are not liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

6.       PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We will endeavor to accurately display the products available for purchase on our website. We do not, however, guarantee that supplies will last. Nor can we guarantee that the product depicted through your computer monitor accurately depicts our products.  We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For purposes of these Terms, reselling shall be defined as purchasing or intending to purchase any product(s) from Amigos Spice Company for the purpose of engaging in a commercial sale of that same product(s). All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

7.       ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, customer, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. If we make a change or cancel an order, we will attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

8.       Online Payments

You can purchase products and/or services on the website. We accept credit and debit cards issued by U.S. banks. If a debit or credit card account is used for a transaction, Amigos Spice Company may obtain preapproval for an amount up to the amount of the purchase. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. Changes in payment information may temporarily delay online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that the (i) credit card, debit card, and/or bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your financial institution to Amigos Spice Company or its bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and/or you are authorized to make a purchase on the account.

9.       Export Policy and Restrictions

You acknowledge that the products and Content sold or licensed on the Service, which may include technology and software, are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Service, you agree to abide by all applicable laws, rules and regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act. You further represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products and engaging with our Service, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You further agree to defend, indemnify, and hold Amigos Spice Company harmless of and from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

10.OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). These features and/or services are subject to these Terms.

11.THIRD PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites and we disclaim all liability or responsibility for any third-party materials, websites, materials, products, or services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the policies and practices of third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

12.USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit information (for example, contest entries) to us, including creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your comments. With respect to your “comments” we owe you no obligation to (1) maintain comments in confidence; (2) to compensate you for your comments; or (3) to respond to comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or that violates any party’s intellectual property rights or these Terms. You agree that your use of the Service will not violate any right of Amigos Spice Company or any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that you will not make libelous or otherwise unlawful statements. You further agree not to share abusive or obscene material or computer virus or other malware that could in any way affect the operation of Amigos Spice Company, the Service, or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any statement or comments made by you. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

You agree to defend, indemnify and hold Amigos Spice Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Amigos Spice Company arising out of any statements you make or allow to be posted to the Service.

13.Claims of Copyright Infringement[FL1] 

We disclaim any responsibility or liability for copyrighted materials posted on our Service. If you believe that your work has been copied in a manner that constitutes copyright infringement, please immediately send notice to the following address:

Amigos Spice Company

ATTN: Designated Copyright Agent

6300 Ridglea Place, Ste 950

Fort Worth, Texas 76116

With copy to:

Rachel K. O’Neil

Foley & Lardner

2021 McKinney Avenue

Suite 1600

Dallas, Texas 75201

rkoneil@foley.com

Amigos Spice Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Amigos Spice Company’s Designated Copyright Agent, identified above.

Notices of Alleged Infringement for Content Made Available on the Service

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Service by sending us a notice ("Notice") complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Amigos Spice Company

ATTN: Designated Copyright Agent

6300 Ridglea Place, Ste 950

Fort Worth, Texas 76116

With copy to:

Rachel K. O’Neil

Foley & Lardner

2021 McKinney Avenue

Suite 1600

Dallas, Texas 75201

rkoneil@foley.com

14. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy available at our website.

15. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product availability, shipping charges, or transit. We reserve to change or update information and to cancel orders at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be understood to mean that all information in the Service or on any related website has been modified or updated.

We retain the right to refuse or cancel any orders placed at any time. We will credit the account for any orders changed or cancelled if the order cannot be fulfilled for reasons within the control of Amigos Spice Company.

16. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, or pretext; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Service, deep-link to any feature or content on the Service, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service (collectively “Automated Action”). The Service has several accessibility options to enable use of our Service for everyone regardless of their circumstances. In the event our ADA accessibility options are not insufficient and your particular circumstances require using Automated Action on the Service, please contact us through email at hola@amigosspiceco.com for an accommodation.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service.

17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied. We disclaim all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You assume total responsibility and risk for your use of the site, site-related services, and linked websites. Amigos Spice Company does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.

Warranties relating to products or services offered, sold, and distributed by Amigos Spice Company are subject to separate warranty terms and conditions, if any, provided with or in connection with the applicable products or services.

In no case shall Amigos Spice Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors, or any third parties mentioned on the Service be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, business interruption, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or relating in any way to your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Your sole remedy for dissatisfaction with the site, site-related services, and/or linked websites is to stop using the site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum aggregate liability of Amigos Spice Company to you with respect to your use of the site is $500 (five hundred dollars). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

18. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Amigos Spice Company and our parent, members, directors, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless of and from from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

19. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

20. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If, in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

21.ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to Terms constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

22. GOVERNING LAW; DISPUTE RESOLUTION, ARBITRATION AGREEMENT

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

We will try to work in good faith to resolve any issue you have with the Service, including products and services ordered or purchased through the Service, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and Amigos Spice Company agrees that any dispute, claim or controversy arising out of or relating in any way to these Terms or your use of the Service, including products and services ordered or purchased through the Service, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery considering the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Amigos Spice Company are each waiving the right to a trial by jury or to participate in a class action or collective action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Amigos Spice Company.

If you desire to assert a claim against Amigos Spice Company, and you therefore elect to seek arbitration, you must first send to Amigos Spice Company, by certified mail, a written notice of your claim ("Notice"). The Notice to Amigos Spice should be addressed to: 6300 Ridglea Place, Suite 950, Fort Worth TX 76116, United States ("Notice Address") with a copy to Foley & Lardner, LLP ATTN: Rachel K. O’Neil, 2100 McKinney Avenue, Suite 1600, Dallas, Texas 75201. If Amigos Spice Company desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Amigos Spice Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Amigos Spice Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Amigos Spice Company may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Amigos Spice Company or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless Amigos Spice Company and you agree otherwise, any arbitration hearings will take place in Dallas County, Texas. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND AMIGOS SPICE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Amigos Spice Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Fort Worth, Texas.

23. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

24.CONTACT INFORMATION

Questions, concerns, complaints, or suggestions about the Terms should be sent to us at info@amigosspiceco.com.