BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY. If you do not agree to these Terms of Use please do not access any portion of this Website.

Website Content

All information as well as content available on the Website www.ElPorteno.com ("Content") is owned by El Porteño Limited (“El Porteño”) and is protected by intellectual property laws and copyrights. Except as stated herein, you may not copy, reproduce, distribute, republish, download, upload, post or transmit Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without prior written permission of El Porteño.

You may, however, download one (1) unmodified copy of the Content to one (1) computer, solely for your private, personal and non-commercial use.

Ownership of Website Content

All Content downloaded and/or used by you pursuant to these Terms of Use are merely licensed to you in accordance therewith. No right, title, interest or any intellectual property right in any Content shall transfer to you from El Porteño by virtue of these Terms of Use or your use of the Website.

Limitation of Liability

IN NO EVENT SHALL EL PORTEÑO, ITS PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, OR THE DESTRUCTION OR UNAUTHORIZED ACCESS TO EL PORTEÑO RECORDS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF EL PORTEÑO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT EL PORTEÑO'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO EL PORTEÑO IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE.

Disclaimer

YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT EL PORTEÑO MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION.

EL PORTEÑO DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU EXPRESSLY ACKNOWLEDGE:

  1. THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS;
  2. EL PORTEÑO DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE INFORMATION; AND
  3. EL PORTEÑO DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT. YOUR ONLY RECOURSE IS TO DELETE ANY CONTENT IN YOUR POSSESSION AND TO STOP USING THE WEBSITE.

Changes

El Porteño may periodically update or change Website Content.

El Porteño, therefore, reserves the right to implement such changes at any time without prior notice to you.

Endorsements

Unless specifically indicated in writing to the contrary, no reference in this Website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise shall constitute or imply El Porteño's endorsement or sponsorship thereof.

The Website includes links to other websites wholly independent of El Porteño and the Website. El Porteño makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained on any such third party website. El Porteño does not endorse, sponsor or guarantee such third party websites. You agree not to hold El Porteño responsible for any advice, content, information, practices, products or services related to or made available through such third party websites.

Transmissions

You hereby transfer to El Porteño all rights, title, and interest, including the copyright, in all transmissions including, but not limited to, all suggestions and ideas, submitted by you to El Porteño through this Website ("Transmissions"). Accordingly, El Porteño shall own all intellectual property rights in the Transmissions, and shall be entitled to the unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you. By submitting such Transmissions to this Website, you irrevocably waive all "moral rights" in such Transmissions.

Trademarks

All trademarks used on this Website are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, the El Porteño trademark, the signature-style logo and all other unique colors, graphics, logos, sounds, images, icons and buttons displayed in this Website ("Marks") are trademarks of El Porteño. Absent prior written consent from an officer of El Porteño, you may not copy, imitate or use any portion of the Marks.

Governing Law

This is the entire agreement between you and El Porteño relating to your use of this Website. This Agreement shall be governed in accordance with the laws of the State of California, USA. All disputes under this Agreement shall be resolved by litigation in the courts of the State of California, USA, including the federal courts therein, and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

Impermissible Activity

You must not use the Website or the El Porteño server to transmit any data which:

  1. is unlawful, threatening or abusive;
  2. encourages criminal or other activity which might reasonably give rise to civil liability or otherwise violate any local, state, federal or international law;
  3. is vulgar, profane, obscene or offensive;
  4. is pornographic, sexually explicit or indecent;
  5. contains false or misleading information;
  6. inhibits another user from use or enjoyment of this Website;
  7. is defamatory or libelous;
  8. contains a virus or surreptitious code; or
  9. contains any type of commercial component or advertising.

Personally Identifiable Information

Submission to El Porteño through this Website of personally identifiable information is strictly voluntary. El Porteño uses such personally identifiable information solely for internal purposes. El Porteño will not share any personally identifiable information provided by you through this Website with any nonaffiliated companies, except in furtherance of providing you goods or services that you have specifically requested.

You hereby consent to El Porteño collection and use of such Transmissions in accordance with El Porteño then current Privacy Policy.

Therefore, by using this Website, you agree to review the Privacy Policy, and be bound by its declarations. From time to time, El Porteño may change its Privacy Policy without notice to you. Your continued use of this Website after the posting of any changes shall constitute your agreement with and acceptance of such changes.

El Porteño does not knowingly collect data directly from anyone under 13 years of age. By submitting information to El Porteño through this Website, you are representing that you are at least 14 years of age. If you believe El Porteño has inadvertently collected any such data, please contact us at info@elporteno.com for information regarding removal of any such data from our files. El Porteño reserves the right to limit certain promotions to those at least 18 years of age.

Changing Personal Information

If your personally identifiable information changes (such as your zip code), or if you no longer desire our services, we will endeavor to provide a way to correct, update or remove your personal data from our files. You may make this request in writing to El Porteño at:

El Porteño Limited
1 Ferry Plaza, Embarcadero
San Francisco, CA 94111

You can also do this via telephone at (415) 513-4529 or by e-mailing our us at info@elporteno.com.

Use of Cookies

A cookie is a piece of data stored on your hard drive containing information about you. Usage of a cookie is in no way linked to any personally identifiable information while on our website. Once you close your browser, the cookie simply terminates. For instance, by setting a cookie on our website, you would not have to log in a password more than once, thereby saving time while on our website. If you reject the cookie, you may still use our website. The only drawback to this is that you will be limited in some areas of our website. Cookies can also enable us to track and target your interests to enhance your experience on our website.

Some of our business partners use cookies on our website (for example, advertisers). However, we have no access to or control over these third-party cookies.

Termination of Agreement

Either you or El Porteño may terminate this Agreement at any time.

You may terminate this Agreement by destroying all materials obtained from this Website. El Porteño may terminate this Agreement immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to this Website.

General

If any provision of this Agreement is held invalid, void, or unenforceable under any applicable statute or rule of law, it shall to that extent be deemed omitted, and the balance of this Agreement shall be enforceable in accordance with its terms.

Notwithstanding any provisions of El Porteño Privacy Policy, El Porteño reserves the right to report any activity associated with the Website which it believes violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist such parties in their investigations.

These Terms of Use and El Porteño Privacy Policy constitute the entire agreement between you and El Porteño relating to the use of the Website, and supersedes all prior understandings, agreements, discussions, or representations, whether written or oral, with respect to such subject matter.

El Porteño may modify these Terms of Use at any time, without notice to you by updating this posting. Your use of the Website subsequent to such changes shall constitute your acceptance of, and agreement to, such revised terms.