Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
Accessing the materials on this Site from jurisdictions where contents are illegal is prohibited. Those users who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws and regulations.
By voluntarily submitting information, communications or content (including pictures and anecdotes) to the site, you agree that such submissions are non-confidential for all purposes. You further agree that such submissions become the property of Mi Tierra and that all title and interest therein, including all rights of copyright, shall rest with Mi Tierra at the time they are submitted and/or posted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of Mi Tierra to post or use such materials or, if we do so, to give you credit.
Links to Other Sites
Links from Other Sites
Anyone linking to this Site must comply with the following guidelines in addition to all applicable laws. A site that links to Mi Tierra's website:
May link to but not replicate Mi Tierra content
Should not create a browser or border environment around Mi Tierra content
Should not imply that Mi Tierra is endorsing it or its products
Should not misrepresent its relationship with Mi Tierra
Should not present false information about Mi Tierra products or services
Should not use the Mi Tierra logo without express written permission from Mi Tierra
Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS MI TIERRA FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF MI TIERRA, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MI TIERRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) MI TIERRA MAKES NO WARRANTY THAT:
YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MI TIERRA OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MI TIERRA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MI TIERRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SITE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, MI TIERRA'S LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST MI TIERRA ARISING OUT OF THE USE OF THE SITE. MI TIERRA SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
(a) Mi Tierra grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
(b) The Mi Tierra mark, Mi Tierra and Design logo, and other trademarks, service marks, labels, product names and service names (collectively, the "Marks") are owned or licensed by Mi Tierra. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Mi Tierra. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized, sponsored, endorsed by, or affiliated with Mi Tierra.
(c) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are Copyright � 2001 - 2003, MTC, Inc.. All rights reserved. The copyrighted and proprietary property of MTC, Inc. may not be duplicated or used without MTC, Inc.’s express prior written consent.
Mi Tierra may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.
This Agreement constitutes the entire agreement between you and Mi Tierra with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. The terms herein as they relate to the ordering of merchandise from the site are supplemented by our Ordering Policies. To view our Ordering Policies, please click here.
If you have a written agreement with Mi Tierra’s with respect to its products and services, your purchase or receipt of those products and services are governed solely by the written agreements under which they are provided and nothing on this Site should be construed to alter such agreements.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
Governing Law and Venue
This Web site (excluding linked sites) is controlled by Mi Tierra from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Web site both you and Mi Tierra agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).
This contract is fully performable in Bexar County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Bexar County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
Mi Tierra may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
These Ordering Policies (the “Ordering Policies”) constitute a binding legal contract between you and MTC, Inc., a Texas corporation d/b/a Mi Tierra Cafe (“Mi Tierra”), the owner and operator of the website located at www.mitierracafe.com (the “Site”). By ordering any merchandise via the Site, you signify your acceptance of these Ordering Policies, as may be amended or supplemented from time to time. Please print a copy of this agreement for your records.
All orders via the Site are fulfilled by MTC, Inc., located in Market Square in Downtown San Antonio, Texas. MTC, Inc.’s hours are 8:30 a.m. until 5:30 p.m. Central time. They are closed on weekends and holidays. Delivery of merchandise generally takes at least one to three (1-3) weeks, and may take longer. Your credit card will not be charged until the order ships.
We have made every effort to display the products featured on this Site as accurately as possible. Please note however that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually see on the screen. The Site cannot be responsible for the limitations of your monitor’s display of any color, texture, or detail of actual merchandise. For optimal viewing, we recommend setting your monitor to 800 x 600.
Returns and Restocking
Returns will not be accepted without a return authorization number. Please contact Mi Tierra’s customer service department at [(210) 225-7626 or at firstname.lastname@example.org] in the event you wish to return an order. We will pay return shipping for defective products or if, through no fault of yours, the product you received is different from what you ordered. Otherwise, shipping for all returns must be paid by you.
Payments and Disputed Payments
Sorry, Mi Tierra does not accept checks, drafts, or money orders for orders submitted through the Site. Upon placing an order, we will phone you to receive payment information before finalizing the order. We accept Visa and MasterCard. You will bear all costs associated with a disputed credit card charge which results in action from Mi Tierra's merchant account provider, otherwise known as “chargebacks,” through MasterCard or Visa.
Disclaimer of Warranties
THE EXPRESS WARRANTY MADE IN CONJUNCTION WITH EACH SPECIFIC PRODUCT IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR GUARANTIES. MI TIERRA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF A PRODUCT HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. � 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
Waiver and Limitation of Liability
You hereby acknowledge that the warranty and the accompanying obligations and liabilities of Mi Tierra are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of Mi Tierra. You acknowledge by your use of products ordered via the Site that your use of the products and any reliance upon them is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with the products.
MI TIERRA HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT NEITHER MI TIERRA NOR ANY OF ITS AFFILIATES WILL BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S. C. � 2301.
IN NO EVENT SHALL MI TIERRA OR ITS AFFILIATES BE LIABLE TO YOU FOR DAMAGES WHICH EXCEED THE PURCHASE PRICE OF THE PRODUCTS PURCHASED BY YOU. SOME LAWS MIGHT NOT ALLOW LIMITATION OF CERTAIN DAMAGES ON PURCHASES FOR CONSUMER USE SO ONE OR MORE OF THESE LIMITATIONS MIGHT NOT APPLY TO YOU.
Follow all instructions and heed all warnings accompanying any product ordered from the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST MI TIERRA OR ITS AFFILIATES ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS MI TIERRA AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.
Mi Tierra may change these Ordering Policies at any time. Any change shall be effective immediately upon its posting on the Site. You agree that you will be bound by these Ordering Policies, however and whenever changed, whether you have actual or constructive notice of, and whether you have ordered, used or received products after, the changes.
If any provision of these Ordering Policies is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from these Ordering Policies and shall not affect the validity or enforceability of any remaining provisions.
Governing Law and Venue
These Ordering Policies, the entire relationship between you and Mi Tierra, and any litigation or other legal proceeding between you and Mi Tierra (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules.
This contract is fully performable in Bexar County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts located in Bexar County, Texas.
Our Site's order form requires users to give us contact information (like their name and email address) and some demographic information (like your gender or address). We use customer contact information from the form to send you information about Mi Tierra and merchandise offered through our Site. Your contact information is also used to contact you when necessary.
When you buy merchandise from our Site, we need to know, and therefore collect, your contact information (like your name, post office address, and e-mail address) and certain financial information (like your account information). This information that is collected is only used for necessary records to be maintained.
The Site may contain links to other sites. Please be aware that Mi Tierra is not responsible for content or the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Site.
This Site is not directed at children under the age of 13 and does not knowingly collect personal information from children under the age of 13. If Mi Tierra obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information is immediately and permanently deleted from our records.
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