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TERMS & CONDITIONS

MEXCAL,LLC . TERMS AND CONDITIONS

Legal Notice: Terms and Conditions of Use

Please Read These Terms and Conditions of Use Carefully Before Downloading, Accessing, or Using any of Mexcal Online Services

These Terms and Conditions of Use (“Terms and Conditions of Use”) apply to your access to, and use of, any Mexcal, LLC. (“Mexcal”) website, mobile application, and online service or program where these Terms and Conditions of Use are posted or linked (“Mexcal Online Services”). These Terms and Conditions of Use are a legal and binding agreement between you and Mexcal, and, as applicable, its subsidiaries, affiliates, and related entities (“Affiliates”) (Mexcal and its Affiliates are referred to herein, as the context may require, as “we”, “us”, or “our”). These Terms of Use govern your use of the Mexcal Online Services, which includes the programs, offers, content, information, services, and features made available through the Mexcal Online Services. If you do not agree to these Terms and Conditions of Use, then you should not use the Mexcal Online Services.

Your use of the Mexcal Online Services is at your risk. If you are dissatisfied with the Mexcal Online Services in any way, its programs, offers, contents, features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the Mexcal Online Services.

 

Modifications to These Terms and Conditions of Use. We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the Mexcal Online Services, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms and Conditions of Use. Your continued access to or use of the Mexcal Online Services and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.

 

Use of Mexcal Online Services. The Mexcal Online Services and all content, information, and other materials featured, displayed, contained, and available on the Mexcal Online Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, “Materials”) are owned by or licensed to Mexcal and its Affiliates and are protected by copyright, trademark, trade dress, patent, common law and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Mexcal Online Services for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Mexcal Online Services or its Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.

You agree to abide by all additional terms, conditions, and restrictions included within the Mexcal Online Services, the Materials, and/or the programs, features, and services.

Mexcal may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any Mexcal Online Service, or any portion thereof; (2) change, revise, or modify the Mexcal Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the Mexcal Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the Mexcal Online Services, in whole or in part ; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.

User Conduct. You agree to use the Mexcal Online Services, the Materials, and the programs, features and services in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree not to:

  • modify, adapt, translate, or reverse engineer any portion of the Mexcal Online Services or the Materials;
  • use the Mexcal Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • use the Mexcal Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
  • frame or mirror any portion or feature of the Mexcal Online Services;
  • use the Mexcal Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
  • use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Mexcal Online Services or the Materials; (2) reproduce or circumvent the navigational structure or presentation of the Mexcal Online Services or the Materials; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Mexcal Online Services;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Mexcal Online Services or with any other person’s use or enjoyment of the Mexcal Online Services;
  • transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
  • circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Mexcal;
  • forge headers or otherwise manipulate identifiers;
  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
  • submit or post any false or misleading information; and/or violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Mexcal, its Affiliates, or any other person or entity.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Mexcal Online Services, the Materials, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.

Submissions. By submitting any material, information or other content to or through Mexcal Online Services, you represent that you are a United States of America resident and are 18 years or older.  Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit to us through Mexcal Online Services via phone, or otherwise (“Submissions”) will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.

We may, but shall not be obligated to, in our sole discretion, post any Submission on the Mexcal Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.

You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.

You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.

Programs and Promotions. Any programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, “Promotions”) made available through the Mexcal Online Services may be governed by rules and/or terms that are additional to these Terms and Conditions of Use. By participating in any such Promotion, you will become subject to any such additional Promotions terms. Mexcal urges you to read the applicable Promotions terms, which are either included herein or linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms and Conditions of Use, governs any information you submit in connection with any such Promotions.

Mexcal App. In order to use Mexcal Online Services made available through the Mexcal Mobile Application (“the App”) you must have a compatible mobile device; Mexcal does not warrant that the App will be compatible with your mobile device.

If you access the App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms of Use against you.  However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the App.  You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use.  You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the App.

Mexcal Gift Card. The dollar value that you load onto your Mexcal Gift Card is a prepayment redeemable solely for the goods and services at the restaurant. We offer the Mexcal Gift Card to make it more convenient for you to eat with us. We have no liability for any temporary inability to access funds loaded to a Mexcal Gift for any reason, including but not limited to connectivity failures, problems with your mobile phone or other device, temporary issues with our service providers, or any other reason.

If your Mexcal Gift Card is lost or stolen, we can’t refund your gift card. For any questions regarding your Mexcal gift card email us at: hola@themexcal.com

Governing Law.  Any dispute, claim, or cause of action against Mexcal arising from these Terms of Use or any use of Mexcal Online Services (“Dispute”) shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect or regard to any principles or doctrines of conflicts of law.

Copyright Infringement Notification.  The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Materials available on the Mexcal Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

If you believe that your work has been improperly copied and posted on the Mexcal Online Services, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable Mexcal Online Service and a description of where the Material that you claim is infringing is located within such Mexcal Online Service; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement.

Notices and counter-notices should be sent to:

Mexcal, LLC
ATTN: Management
hola@themexcal.com

333 Main St.
La Crosse, WI 54601
608-519-0320

DMCA details are available at http://www.copyright.gov/onlinesp/.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.

 

Mobile Apps.  In order to use Mexcal Online Services made available through a mobile application (“Mobile App”) you must have a compatible mobile device; Mexcal does not warrant that the Mobile App will be compatible with your mobile device.

If you access the Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.

Links To Third Party Sites and Social Media Pages.
The Mexcal Online Services may contain links to other third-party websites, including third party online ordering companies, our third-party rewards program provider, and social media platforms, such as Facebook, Twitter, or Foursquare (all links to third-party websites and social media platforms are collectively referred to herein as “Linked Sites”). Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Mexcal and its Affiliates have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from a Linked Site, your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.

Privacy. Mexcal Privacy Policy applies to use of the Mexcal Online Services and programs, offers, and promotions, and its terms are made a part of these Terms and Conditions of Use by this reference. By accessing and using the Mexcal Online Services you agree to be bound by our Privacy Policy. Please read the Privacy Policy carefully to understand how Mexcal collects, uses and discloses personally identifiable information from its users.

Trademark Information and Ownership of Intellectual Property
Mexcal Restaurant is owned by Mexcal, LLC. in the United States. The absence of a trademark notice or legend indicating the registration or ownership by Mexcal Properties anywhere in the text of the Mexcal Online Services does not constitute a waiver of Mexcal Properties’ trademark or other intellectual property rights or common law ownership concerning that logo or service mark used or referenced on the Mexcal Online Services.

The Mexcal Online Services, the Materials, logos, service marks, and all other source identifying indicia displayed on the Mexcal Online Services (collectively, the “Mexcal Intellectual Property”) are owned by or licensed to Mexcal, LLC., Mexcal, or others with all rights reserved unless otherwise noted. We do not permit third parties to use Mexcal Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.

Nothing contained on the Mexcal Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Mexcal Intellectual Property without our prior express written permission. You are strictly prohibited from using any Mexcal Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that Mexcal, LLC. and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Electronic Communications.
When you visit the Mexcal Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Mexcal Online Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.

No Warranties.  Mexcal makes no representations or warranties regarding the Mexcal Online Services and the Materials.

WE DO NO WARRANT THAT THE MEXCAL ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE MEXCAL ONLINE SERVICES OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE MEXCAL ONLINE SERVICES, OR THE RESULTS OBTAINED THERE FROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

THE MEXCAL ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE MEXCAL ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE MEXCAL ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE MEXCAL ONLINE SERVICES.

Limitations of Liability. IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE MEXCAL ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE MEXCAL ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Indemnification. You agree to indemnify, defend, and hold harmless Mexcal, LLC., its Affiliates, its Providers, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with the Mexcal Online Services, and the Materials, programs, offers, features, and services made available through the Mexcal Online Services.

International Users and Choice of Law. The Mexcal Online Services are controlled, operated, and administered by us and our service providers made for use in the United States of America. We make no representation that Materials on the Mexcal Online Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Mexcal Online Services or export the Materials in violation of U.S. export laws and regulations. If you access the Mexcal Online Services from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms and Conditions of Use and our Privacy Policy shall be governed by the laws of the State of Wisconsin, U.S.A., without regard to conflict of laws provisions or principles.

No Agency Relationship. Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the Mexcal Online Services, create any partnership, joint venture, employment, or other agency relationship between Mexcal, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.

Violation of these Terms and Conditions of Use and Remedies.  You agree that Mexcal may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the Mexcal Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Mexcal. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If Mexcal takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Mexcal. You agree that Mexcal will not be liable to you or to any third party for termination of your access to the Mexcal Online Services as a result of any violation of these Terms and Conditions of Use.

 

Entire Agreement, Claims Limitations, and Severability. These Terms and Conditions of Use, together with our Privacy Policy and any other applicable terms included within the Mexcal Online Services, and/or the Materials, programs, offers, features, and services made available through the Mexcal Online Services, as each is currently posted on the Mexcal Online Services, constitute the entire agreement between us and you with respect to your use of the Mexcal Online Services and the Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. Any cause of action you may have arising out of or relating in any way to the Mexcal Online Services must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions of Use and Privacy Policy shall continue in full force and effect.

 

Contact Information
If you have any questions about Mexcal Online Services or these Terms and Conditions of Use, or to report violations of these Terms and Conditions of Use, please contact us at:

Mexcal, LLC
ATTN: Management
333 Main St.
La Crosse, WI 54601
608-519-0320

Email: hola@themexcal.com

Last Updated
Terms and Conditions of Use last updated on May 125, 2021.

PRIVACY POLICY

Mexcal, LLC Privacy Policy

Mexcal, LLC. takes your privacy very seriously. Please carefully read this Privacy Policy and familiarize yourself with our privacy practices regarding your personal information and how we will use it. This privacy statement (“Statement”) applies to the website located at themexcal.com, Mexcak mobile applications, any other websites or applications associated with Mexcal, LLC brands or products that direct the viewer or user to this statement, and any third-party service providers used by Mexcal, LLC. In this Statement the terms “Mexcal,” “we” and “us” refers to Mexcal, LLC. and its respective subsidiaries, affiliated companies and third-party service providers.  The term “your device” refers to any computer, tablet, smart phone or other device you are using to access our websites or to operate the Mexcal mobile applications and or in-store WiFi.

If you have any questions regarding this privacy policy, please contact us via the contact information provided at the end of the policy.

Information Collected and Covered by this Policy

As you use our websites and mobile applications or visit one of our stores, Mexcal and its third-party service providers collect information about you and the services you use from a variety of sources, including information you provide directly to us, and information we collect about you when you interact with us.  For example, we and our third-party service providers collect information both directly and indirectly from you when you:

  • access or use our websites, mobile applications, and online services or programs to review content including videos or images, where this Privacy Policy is posted or linked (collectively, “Mexcal Online Service”);
  • order and/or purchase any of our products or services;
  • contact or communicate with us;
  • create an account with us;
  • request information from us;
  • register for any event or program, and/or participate in any event, program, contest, surveys, or other promotion that we may offer from time to time (collectively, “Promotions”);
  • begin or complete the application process for a career opportunity, or for employment by Mexcal, LLC .
  • access or use Mexcal pages or accounts on any third-party social media platforms such as Facebook, Twitter, Instagram or Foursquare (“Social Media Pages”);
  • use sign-in services that allow you to use third-party login credentials to access the Mexcal accounts or pages;
  • sign-up for communications (e.g., rewards program, email club, text messages, or social media notifications) from us;
  • provide or submit comments, stories, suggestions, or other content or input to us;
  • interact with Mexcal Online Services via mobile, tablet or laptop device; and/or otherwise interact with us and Mexcal Online Services.

We may combine any of the information collected about you for the purposes described in this Privacy Policy.

When you link your social media account or engage with Mexcal Social Media Platforms, you understand that you may be allowing us to have ongoing access to certain information stored on those social media sites (e.g., your public profile, friend list, people you follow or who follow you, your email address, birthday, work history, education history, interests, current city, website, personal description, and likes, and your friends’ birthdays, education histories, personal descriptions, and likes). We may receive certain information about you which is stored on social media sites if other users of those sites give us access to their profiles and you are one of their friends or connections depending upon your settings on those third-party social networking sites. We may also receive other information (e.g., content viewed and information about the advertisements within the content you have been shown or may have clicked on, etc.) from your interaction with our Social Media Pages. The information we have access to from the third-party social media websites varies by website and is controlled by your privacy settings on that website and by your consent. The information that may be passed to analytics providers and advertising partners is via cookies and tracking technologies. By associating an account managed by a third-party with your Mexcal account and authorizing us to have access to this information, you agree that we may collect, use, and store information from these websites in accordance with this Privacy Policy.

We collect and use the personal information of our customers as reasonably necessary to facilitate our interactions with you and better customize your experience and interactions with Mexcal. We are committed to handling your personal information in a manner that respects your privacy. This Statement, as amended from time to time, describes that commitment and the uses to which customer information may be put.

 

Transaction Data. We and our third-party service providers may also collect information, including Personal Information, relating to your purchases from Mexcal and Licensees, such as the authorization code of the transaction, payment method, the date and time of the transaction, items purchased, and the purchase price (“Transaction Data”).

Information Collected Automatically. We and our third-party service providers use Traffic Data, Cookies, Web Beacons, and other tracking technologies to automatically collect certain information from you when you use Mexcal Online Services. The following are examples of information we may collect with these technologies:

  • your IP address, browser type, and operating system;
  • your device attributes including but not limited to device ID and other information for probabilistic and/or deterministic fingerprinting to create device graphs;
  • pages you view within Mexcal Online Services (including videos viewed);
  • websites you visited before coming to Mexcal Online Services;
  • emails from us that you open and/or forward; and/or offers or links from us to which you connect.

We use this information to personalize your online experience and for marketing purposes.

Traffic Data. Mexcal Online Services automatically track and collect your IP address, domain server, type of computer, and type of web browser (collectively, “Traffic Data”) for our marketing purposes and to manage and improve Mexcal Online Services.

Cookies. We also use cookies, which are small text files that are stored on a user’s computer and allow websites to remember information about users (“Cookies”). We use Cookies to monitor how Mexcal Online Services are used, for marketing purposes, and to help personalize and improve Mexcal Online Services. Most browsers automatically accept Cookies. You have the choice to set your browser to accept or reject Cookies. Each browser is different, so check the “Help” menu of your browser to learn how to change your Cookie preferences. You can also learn more about Cookies at the following websites:

For Microsoft Internet Explorer: http://www.microsoft.com/info/cookies.mspx;

For Mozilla Firefox: https://support.mozilla.org/en-US/products/firefox/protect-your-privacy/cookies;

For Safari: http://support.apple.com/kb/HT1677; and/or http://support.apple.com/kb/HT1677

If you choose to decline Cookies, you may not be able to fully experience the interactive features of our Mexcal Online Services or programs, features, and services made available through any of Mexcal Online Services.

Web Beacons. Certain pages on Mexcal Online Services and Social Media Pages may contain web beacons (also known as Internet tags, pixel tags, and clear GIFs), which are small bits of code embedded in pages or images on Mexcal Online Services and Social Media Pages (“Web Beacons”). We may also include Web Beacons in e-mails we send to you to learn if messages have been opened, acted on, or forwarded. You can disable the ability of Web Beacons to capture such information. Please refer to the “Help” menu of your browser to learn more about Web Beacons and your ability to disable them.

Other Technologies. We and our third-party service providers may also utilize other tracking technologies. For example, if permitted by applicable law, we may collect “referrers” and various environmental variables. A “referrer” is information the web browser passes along to our or our third-party service provider web servers, which refers to the URL from which you accessed Mexcal Online Services. Environmental variables may include, among other things, the domain from which you access the Internet, the time you accessed Mexcal Online Services or Social Media Pages, the type of web browsers and operating system or platform used, the Internet address of the website you left to visit Mexcal Online Services or Social Media Pages, the names of the web pages you visit, and the Internet address of the website you visit next. These environmental variables are collected by most websites. We use these technologies for marketing purposes and to optimize user’s experience with Mexcal Online Services.

We treat information automatically collected as non-personally identifying information. Such information may be combined with your Personal Information so that we can improve and customize Mexcal Online Services and our communications and Promotions. To the extent that information automatically collected is combined with Personal Information, we treat the combined information as Personal Information for the purposes of this Privacy Policy.

You may encounter tracking technologies/cookies from our third-party service providers, that we have allowed on our Mexcal Online services.  We do not control the tracking technologies used by third party providers.

We may target and track the videos you view on Mexcal Online Services. You consent to our tracking of your video viewing through the Mexcal Online Services or third-party social media for up to two years or as permitted by applicable law or until you withdraw consent.

Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on certain Mexcal Online Services. Google Analytics collects information such as how often you visit Mexcal Online Services, what pages you visit within Mexcal Online Services, and what other sites you visited prior to coming to the applicable Mexcal Online Service. We use the information provided by Google Analytics to improve Mexcal Online Services. For more information regarding how Google collects, uses and shares your information please visit http://www.google.com/policies/privacy/partners/. Google provides users more choice on how their data is collected by Google Analytics by developing an Opt-out Browser Add-on which can be located at: http://tools.google.com/dlpage/gaoptout?hl=en. By installing this Add-on, no information is being sent to Google Analytics.

Do Not Track Notice. At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating Do Not Track signals. Thus, Mexcal Online Services are unable to respond to Do Not Track Signals. We do not, however, currently track your Personal Information over time and across third-party websites.

Mexcal does not allow third parties to collect Personal Information about your online activities when you use Mexcal Online Services for such third-party use. We do use third party web analytics services on Mexcal Online Services, such as Google Analytics, to help us obtain and analyze information about your browsing or usage habits but this information does not include Personal Information other than your IP address. 

Mobile Applications/WiFi Services. In addition to the information described above, we and our third-party service providers may collect additional information when you utilize any of our mobile applications or WiFi services including the type of mobile device you use, the temporary or persistent unique device identifiers (sometimes called UDID), the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile applications.

Location Information. Mexcal and our third-party service providers may collect, use, and share location data, including the real-time geographic location of your device. We use such information to provide and improve location-based products and services. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your mobile location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.

Information Use. We use your information that we collect, including Personal Information, for a variety of business purposes, including:

  • providing our products and services to you;
  • processing payments;
  • communicating with you regarding our restaurants, products, services, events, Promotions, other offers;
  • tailoring our products, services, Promotions, communications, and Mexcal Online Services, and advertisements to your interests;
  • creating and managing your accounts with us (e.g., Mexcal Club, text messaging, online registration for events, online ordering, mobile payments, etc.);
  • administering our Promotions and other offers;
  • responding to your inquiries, comments, stories, or postings;
  • improving and customizing our products, services, Promotions, and Mexcal Online Services;
  • for internal operations such as enhancing our product and service offerings, marketing efforts, and to conduct research and analysis;
  • developing new products, services, and Promotions;
  • for marketing purposes; to prevent, detect, and investigate fraud, security breaches, and potentially prohibited or illegal activities.
  • to enforce our Terms of Use; and/or
  • to protect the security and integrity of our business and Mexcal Online Services.

Information Sharing and Disclosure. We share and disclose your Personal Information under the following circumstances:

  • with third parties that provide a variety of services on our behalf, including the development, maintenance, and support of Mexcal Online Services and Social Media Pages, payment processing, online and mobile application ordering, the distribution of email and mobile messages, Promotions, ad serving, marketing, and marketing research and analysis;
  • within Mexcal and with its Affiliates (as such terms are defined above in this Privacy Policy);
  • with our Operators and Licensees in order to provide our products, services, and Promotions to you, and for marketing purposes;
  • to comply with law, a court order, or other legal process, or in connection with a legal investigation;
  • as may be necessary to protect the safety, property, or other rights of Mexcal, its Affiliates, and Licensees, and our and their respective employees, customers, visitors, users, or any other person or entity;
  • to enforce any applicable terms and conditions and other agreements;
  • in the event of a corporate transaction;
  • in aggregated or other non-personally identifiable form; and/or
  • in accordance with your consent.

We do not sell your Personal Information to third parties for their marketing purposes.

User Generated Content. Mexcal Online Services and Social Media Pages may allow users to post messages and submit their own content (e.g., stories, comments, blogs, postings, etc.), which may include Personal Information. You are responsible for all actions resulting from any information, including Personal Information, which you post on Mexcal Online Services or Social Media Pages. Please remember that any information you post becomes public information, is not subject to this Privacy Policy, and Mexcal is not responsible for the results of such postings.

Collection and Use of Personal Information of Mexcal, LLC. Employment Applicants

If you complete an application for employment with Mexcal, LLC., or request information regarding such opportunities, we collect Personal Information that you provide in connection with your request for information and/or to evaluate your application for employment with Mexcal, LLC.., We may also collect Personal Information about you from third parties to supplement, update, or verify your information, and/or to process your application for consideration as a Mexcal, LLC. employee. Applicable law may require that you authorize a third party to share your Personal Information with us before we can acquire it. Failure to provide any requested information may negatively impact consideration of your employment application. By applying to become an employee of Mexcal, LLC. you consent to our collection, use, and disclosure of your Personal Information in this manner.

Your Choices. You can opt out of receiving promotional emails and messages by changing your preferences, updating, and or deleting your online account. You may also follow the opt out instructions in the promotional emails we send you. By downloading and using our mobile application you may receive promotional messages, offers, news and information about Mexcal or our partners within the mobile application and “push notifications.” These “app” messages are part of our mobile applications functionality and cannot be turned off.  If you do not want to receive the “app” messages, offers, news and information, do not download our mobile application.

Please note that if you opt out of receiving promotional communications from us, we may still send you transactional communications, including emails about your accounts or purchases.

You may exercise your choices by contacting us via the Contact Information provided at the end of this Privacy Policy, or following instructions provided in communications sent to you. Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation. Please be aware that, if you do not allow us to collect and use your Personal Information, we may not be able to deliver certain products, services, Promotions, and offerings to you.

Children’s Privacy. Mexcal online services is not directed toward children under 18 years of age nor do we knowingly collect Information online from children under the age of 18. If you are under 18, please do not use Mexcal online services or submit any personally identifiable information to us.  Please contact us via the Contact Information provided below if you believe we may have collected such information of someone under 18 or other than in a manner authorized by law, and we will work to delete it.

Information Security. We seek to keep your Personal Information secure and implement reasonable technical, administrative, and physical safeguards to help us protect such information from unauthorized access, use, and disclosure. When we collect or transmit sensitive information such as a credit card number, we use industry standard methods to protect that information. We also request that our third-party service providers use commercially reasonable security measures to protect your information from unauthorized access or use. However, no method of electronically transmitting or storing data is ever completely secure, and therefore, we cannot guarantee that your information will never be accessed, used, or disclosed in a manner that is inconsistent with this Privacy Policy. 

Links, Third-Party Websites, and Social Media Platforms. Mexcal Online Services and our communications (including e-mails) may contain links to other third-party websites, including, without limitation, the websites of our operators and licensees, and social media platforms such as Facebook, Twitter, or Foursquare (such third-party websites and social media platforms are collectively referred to herein as “Linked Sites”). We are not responsible for the privacy practices, policies, or content of any Linked Sites, even if you link to them from Mexcal Online Services or our communications. This Privacy Policy does not apply to any Linked Sites. We have no control over the collection or use of information, including Personal Information, on any Linked Site. We encourage you to read and understand the privacy policies of any Linked Sites that you visit.

E-mail Security. “Phishing” is a scam designed to steal your Personal Information. If you receive an e-mail that looks like it is from us asking you for your Personal Information which you suspect may be a scam, please notify us as provided in the Contact Information section included at the end of this Privacy Policy.

Data Transfers. We may transfer the personal information we collect about you to countries other than the country in which the information originally was collected. The data protection and other laws of such other countries might not be as comprehensive as those in your country. By providing your information, you understand that it may be transferred to our facilities and to those third parties with whom we share it as described in this Privacy Policy.

Changes to this Privacy Policy. We may revise this Privacy Policy from time to time effective upon posting the revised Privacy Policy, along with the date on which it was most recently updated, on Mexcal Online Services. Please check our Privacy Policy periodically to see if it has been updated. If a change to this Privacy Policy materially affects the use or disclosure of your Personal Information, such change will be communicated through our website.  Your continued use of Mexcal Online Services and/or provision of your information thereafter constitute your acceptance of such changes. Please contact us as described below if you would like information regarding any changes.

Understanding and Consent. By using Mexcal Online Services, you agree to the privacy policy described above.

 

Contact Information

If you have any questions about this Privacy Policy or our use of your Personal Information, please contact us in any of the ways set forth below.

 

Address:

Mexcal, LLC
ATTN: Management
333 Main St.
La Crosse, WI 54601
608-519-0320

Email: hola@themexcal.com

Last Updated
Privacy Policy last updated on May 25, 2021.

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Contact

Phone

(608) 519-0320

Mail

hola@themexcal.com

Address

333 Main St.
La Crosse WI, 54601