terms of use

READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.

As used in this Arbitration provision, “you” and “your” includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors and assigns.

This Arbitration provision is intended to be broadly interpreted. It applies to any and all claims, disputes, or controversies of any nature whatsoever, whether in contract, tort or otherwise, including, but not limited to, statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims arising out of, relating to, or in connection with the Site, all content on the Site, products sold or advertised on the Site (including, but not limited to, the use, design, testing, manufacture, performance, marketing, advertising, or labeling of any product advertised or purchased on the Site), and these Terms (including any claims relating to the validity, scope, interpretation, breach or enforceability of these Terms) (all of which are collectively referred to herein as “Claims”).



Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and you and we agree to assert any Claim against the other party exclusively by arbitration administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures, effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on JAMS’ website at http://www.jamsadr.com/rules-streamlined-arbitration.

Unless the JAMS Rules require or Calirosa and you agree otherwise, any arbitration hearing(s) will take place in the State of California.You and we must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) Calirosa will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Calirosa will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.With the exception of subpart (a) in the paragraph above, in the event that any provision of this Arbitration provision is found to be invalid or unenforceable in a particular case or jurisdiction, that provision will be severable in that case or jurisdiction, as the case may be, without affecting the validity and enforceability of the remaining provisions of these Terms, and shall not affect the validity and enforceability of these Terms in other cases and jurisdictions. If subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.In the event that you intend to commence an arbitration or a court proceeding, you must first notify Calirosa by contacting us at contact@calirosatequila.com (“Notice”) and attempt to resolve Your Claim. If you and Calirosa do not reach an agreement to resolve Your Claim within thirty (30) days after Notice has been provided, either party may commence an arbitration proceeding in accordance with these Terms. EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER BEFORE AN ARBITRATOR OR IN COURT, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT OR CLASS ARBITRATION. You and we expressly waive any right to bring or participate in a Claim as a class, collective or representative proceeding in court or before an arbitrator in connection with these Terms. Notwithstanding anything herein, either party may bring an individual action in small claims court for disputes within that court’s jurisdiction.