These Terms of Use are entered into by and between Alabardero Inc, A District of Columbia (“Alabardero Inc”), and its Users and visitors to the Sites, and together with the Privacy Policy, govern those persons’ access to the Sites, as well as any content or functionality of the Services, whether as a visitor or a User.

By accessing or using the Service, you agree to comply with and be bound by the terms and conditions set forth in this user agreement (the “Terms” or “Agreement”), whether or not you become a registered user of the Service. Failure to use the Service in accordance with these Terms and Privacy Policy may subject you to civil and criminal penalties.


IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

CHANGES TO THE TERMS OF USE.


We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. 

CONTACT

Alabardero Inc

1776 I STREET NW
ENTRANCE ON 18TH, BETWEEN H AND I
WASHINGTON, DC 20006

(202)4292200
taberna.dc@alabardero.com


Minors

By accessing and using the Service, you represent, warrant, and affirm that you are at least 16 years of age, an emancipated minor, or have acquired a parent or guardian’s consent. The Service is not intended to be accessed or utilized by children less than 16 years of age.

Service

Company makes available an online store. You may purchase one or more of the services or products offered by the Company. The price and payment procedures are permanently accessible on the Websites. All prices stated include all relevant local taxes. We reserve the right to change the cost of any of our Products. All Return Shipping fees are paid by the Customer.  

Refunds

Will be issued in accordance with our Refund Policy found here: www.alabarderotienda.com

Shipping & Delivery
  • When you make an order at www.alabarderotienda.com you will receive a quote from the shipping carrier and estimated delivery time. 
  • Shipping methods rates applies to merchandise total on orders shipping UPS to a single U.S. shipping destination only.
  • Some Items may be cold packed for freshness with ice packs and a cooler or insulated foil bags. 
Sales Tax

Alabardero Inc charges sales tax for merchandise ordered on this website based on the applicable state sales tax rate.

Accounts and Registration

To access some features of the Web Browser or Application, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.

Account Deletion

You may delete your account at any time. 

Upon termination, all licenses granted by Company will terminate. In the event of account deletion for any reason, your Program content may no longer be available. Company is not responsible for the loss of such content.

Content Rights and Licenses

The Sites, and all Content other than User Content and all software available on the Sites or used to create and operate the Sites, is and remains the property of Company, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved. 

All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners. 

You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.

Intellectual Property

Users may not engage in any activity on or through the Sites, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights. 

We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) and trademark law, and we retain the right to remove Content from the Sites that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.

DISPUTE PROCESS

THESE CLAUSES CONTAIN MANY OF YOUR RIGHTS IN CASE OF A DISPUTE, PLEASE REVIEW THESE RIGHTS CAREFULLY. 

Assumption of Risk

You are solely responsible for ensuring that your use of the Sites complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. 

You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Sites.

Process
  • CONTACT US – You agree to contact us with your complaint prior to filing for any arbitration. 
  • FILE COMPLAINT – You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute).
  • ARBITRATION – You and Company agree that (a) any arbitration will occur in the District of Columbia, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the District of Columbia and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
California Civil Code Section 1789.3 Compliance

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to [Email]

California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Communications

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. 

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. 

Third Party Integration

In providing the Service, Company makes available various third party tools to process payments (i.e. Stripe or PayPal). Company is not responsible for and cannot be held liable for the performance of any third party services, the security of their service, or their collection or use of any of your information.

Disclaimer of Warranties

You understand and agree that your use of the Websites and/or the Services is at your sole risk. The Websites and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).

To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from Program of dealing or usage of trade.

The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Websites and/or the Services.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.

We make no warranty whatsoever with respect to the services or products, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, Course of dealing, Course of performance, usage of trade or otherwise.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Company parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the sites or content (including, but not limited to, user content, third party content and links to third party sites), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Company party, or from events beyond the Company parties’ reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to: 

  • Any use or misuse of the Sites, Content or Services by you or any third party you authorize to access or use such Sites, Content or Services, 
  • Any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, 
  • Any Feedback you provide, 
  • Your violation of these terms, and your violation of the rights of another. 
Severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

No Waiver

No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

Arbitration

You and Company agree to arbitrate Disputes through binding arbitration. You and Company agree to waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Services (including, without limitation, Third Party Purchases), resolved in a court, and to waive your and Company’s respective rights to a jury trial. 

Governing Law and Venue – District of Columbia

Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the District of Columbia and the United States, respectively, sitting in the District of Columbia.