1Age Requirement
By accessing this website you confirm that you are at least 21 years of age, or of legal drinking age in the jurisdiction from which you access it, whichever is greater. Casa M'xuma is an alcoholic beverage brand and this website is intended solely for adults of legal drinking age.
We may use age verification measures and may restrict or end your access at any time if we have reason to believe you are under the legal drinking age.
Casa M'xuma does not knowingly collect information from, or direct content toward, individuals under the age of 21. If we learn that a person under 21 has provided us with personal information, we will delete it promptly.
2Who We Are and Acceptance of These Terms
This website, casamxuma.com, including its Spanish-language pages (the "Website"), is operated by M XUMA SPIRITS LLC, a Wyoming limited liability company and the owner of the Casa M'xuma brand ("M XUMA", "we", "us", or "our").
These Terms and Conditions (the "Terms") are a binding agreement between you and M XUMA. By accessing or using the Website, subscribing to our communications, or submitting any form, you accept these Terms and our Privacy Policy, which is incorporated into them by reference. If you do not agree, do not use the Website.
Additional terms may apply to specific programs, such as trade resources, events, or promotions. If those terms conflict with these Terms, the additional terms govern for that program.
3Changes to These Terms
We may modify these Terms at any time by posting the revised Terms on this page and updating the "Last updated" date. Changes take effect when posted, and your continued use of the Website after that is your acceptance of them. We encourage you to review this page from time to time.
We may also change, suspend, or discontinue any part of the Website at any time, without notice and without liability to you.
4Permitted Use
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Website for your personal, non-commercial use. We reserve all rights not expressly granted. You agree not to:
- Misrepresent your age, identity, or affiliation
- Use automated tools to scrape, crawl, or extract content or data from the Website, or use any content to train or develop machine learning or artificial intelligence models, without our written consent
- Attempt to gain unauthorized access to any part of the Website, its servers, or the systems connected to it, or interfere with or overload its operation
- Transmit any material that is unlawful, defamatory, harassing, infringing, or otherwise objectionable, or any virus or harmful code
- Copy, frame, mirror, republish, or distribute any part of the Website, or use any content or trademark for commercial purposes
- Use the Website in any way that violates applicable law, including alcohol beverage laws, or that is directed at persons under the legal drinking age
We may monitor use of the Website and may suspend, restrict, or terminate your access at any time, with or without notice, for any reason, including a breach of these Terms.
5No Sales Through This Website
The Website is informational. We do not sell alcoholic beverages through it, and nothing on the Website is an offer to sell, or a solicitation of an offer to buy, any product in any place where that would be unlawful.
"Where to buy" and similar references identify independent, licensed retailers and distributors. We do not operate or control them, we are not a party to any transaction between you and them, and we do not guarantee that any product is available from any particular retailer. Pricing, availability, shipping, and age verification are determined by the retailer and are subject to the laws of your location. A reference to a product does not mean it is available, or lawful to purchase, where you are.
6Product Information
Product descriptions, tasting notes, production details, specifications, and images are provided for general information and may change without notice. Mezcal and tequila are agricultural products made in small batches: variation between batches, between bottles, and from the images shown is inherent to the products and is not a defect.
Alcohol content and other regulated statements are governed by the product label, which controls over anything on the Website. Nothing on the Website is intended as health, nutritional, or medical advice.
7Newsletter, Forms, and Communications
By submitting your email address or any form on the Website, you consent to receive communications from us by email about Casa M'xuma, including news, product updates, events, and replies to your inquiries, and you confirm that the information you provide is accurate and that you are of legal drinking age.
You may unsubscribe from marketing emails at any time using the link in any email we send or by writing to us through the contact form on this website. We may still send you non-marketing messages, such as replies to your inquiries or notices required by law. How we collect and use personal information is described in our Privacy Policy.
Any ideas, suggestions, comments, or other materials you send us, other than personal information, are non-confidential and become our property. We may use them for any purpose without obligation, attribution, or compensation to you.
8Intellectual Property
The Website and everything on it — including the Casa M'xuma name, logos, and crest; the bottle, packaging, and trade dress; photography, video, copy, recipes, graphics, and software; and the selection and arrangement of all of these — are owned by or licensed to M XUMA and are protected by United States, Mexican, and international copyright, trademark, trade dress, and other laws.
Casa M'xuma, M'xuma, and the crest are trademarks of M XUMA. Other names and marks that appear on the Website belong to their respective owners. Except for the limited license in the Permitted Use section, nothing on the Website transfers any right, title, or interest to you.
You may not reproduce, distribute, modify, publicly display, create derivative works from, or otherwise use any content or trademark from the Website without our prior written consent. Requests may be sent through the contact form on this website.
9Trade and Press Materials
Photography, fact sheets, logos, and other materials made available through our Press and Trade pages (the "Materials") are licensed to you, not sold, solely for editorial coverage of Casa M'xuma and for use by licensed trade accounts in the ordinary course of selling our products, with credit to Casa M'xuma where practical.
The Materials may not be altered in a way that misrepresents the product or the brand, used in connection with any other product or brand, used in a way that suggests our endorsement, or used in any way that breaches applicable alcohol beverage advertising rules. Materials marked for verified trade require our approval before access. We may revoke this license at any time, and you agree to stop using the Materials when we ask.
10Third-Party Websites and Services
The Website may link to retailers, distributors, social platforms, and other third-party websites and services. These links are provided for convenience only. We do not control, endorse, or take responsibility for their content, products, terms, or privacy practices, and your dealings with any third party, including any purchase, are solely between you and that third party. You access them at your own risk.
11Responsible Consumption
Casa M'xuma is committed to the responsible promotion of alcoholic beverages. We do not encourage excessive consumption, and nothing on the Website is directed at persons under the legal drinking age. Please drink responsibly, never drink and drive, and do not share our products with anyone under the legal drinking age.
If you or someone you know is struggling with alcohol use, please reach out to SAMHSA's National Helpline at 1-800-662-4357 (free, confidential, 24/7) or visit samhsa.gov.
12Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, MATERIALS, AND SERVICES ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
We do not warrant that the Website will be accurate, complete, current, uninterrupted, secure, or free of errors or harmful components, or that defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.
13Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, M XUMA AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100).
Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above may not apply to you. In that case, our liability is limited to the fullest extent the law permits.
14Indemnification
You agree to defend, indemnify, and hold harmless M XUMA and its members, managers, officers, employees, agents, licensors, and partners from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Website, your breach of these Terms, your violation of any law or of the rights of any third party, or any content or information you submit.
15Governing Law and Dispute Resolution
These Terms, and any dispute arising out of or relating to them or to the Website, are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules, and by applicable United States federal law.
Before bringing any claim, you agree to write to us through the contact form on this website describing the dispute and to work with us in good faith for sixty (60) days to resolve it informally.
Any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and the Federal Arbitration Act governs this section. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property. You may opt out of arbitration by writing to us within thirty (30) days of first accepting these Terms.
YOU AND M XUMA EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. For any matter not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Florida.
16General Terms
The following also apply:
- Entire agreement — These Terms and the Privacy Policy are the entire agreement between you and M XUMA about the Website and replace any prior understanding.
- Severability — If any provision is held unenforceable, it will be enforced to the fullest extent permitted and the remaining provisions stay in effect.
- No waiver — Our failure to enforce any provision is not a waiver of it.
- Assignment — We may assign these Terms without restriction. You may not assign them.
- No third-party beneficiaries — These Terms do not create rights for anyone other than you and M XUMA, except that the parties indemnified above may enforce the provisions that protect them.
- Force majeure — We are not liable for any failure or delay caused by events beyond our reasonable control.
- Electronic notices — You agree that we may communicate with you electronically and that electronic notices satisfy any legal requirement that a communication be in writing.
- International use — The Website is controlled from the United States and is intended for places where its content and our products are lawful. We make no representation that it is appropriate or available elsewhere; if you access it from another location, you do so on your own initiative and are responsible for compliance with local law.
- Language — These Terms are written in English. The Spanish translation is provided for convenience; if there is any inconsistency, the English version controls.
- Survival — Provisions that by their nature should survive termination, including those on intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution, survive any termination of your access.
- Headings — Headings are for convenience only and do not affect interpretation.