giftshop.mitierracafe.com

• 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.

User Submissions
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
The Site may contain links to third party websites. Such third party websites are not under the control of Mi Tierra. Please note that Mi Tierra is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, Mi Tierra can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that Mi Tierra has provided this link serve as an endorsement by Mi Tierra of this or any other site. In creating hypertext links to any other website, Mi Tierra is not recommending the website or giving any assurances as to its standing. Mi Tierra is providing this link only as a convenience to you. The inclusion of links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on third party sites, or the organizations sponsoring the sites. Mi Tierra makes no warranties, explicit or implied, regarding the performance of the links, the performance of the third party sites or the contents of the third party sites. If you decide to access linked third party websites, you do so at your own risk.

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

Indemnification
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.

Modification
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.

Entire Agreement
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.

Severability
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.