This Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of Santa Fe Mercados, Inc., (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Santa Fe Mercados, Inc., upon posting of a modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at: www.santafefoods.org Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
All content included on this site is and shall continue to be the property of Santa Fe Mercados, Inc., or its content suppliers Vintage Hippo Media (VHM) and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Section 4. Intended Audience.
This Site is intended for adults only. This Site is not intended for any children under the age of 13.
Section 5. Trademarks.
Santa Fe Mercados, Inc., Santa Fe Mercado, and others are either trademarks or registered trademarks of Santa Fe Mercados, Inc. Other product and company names mentioned on this Site may be trademarks of their respective owners. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Santa Fe Mercados, Inc., or by any third party.
Section 6. Site Use.
Santa Fe Mercados, Inc., grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Santa Fe Mercados, Inc., and Santa Fe Mercados, Inc., may terminate your use of this Site at any time.
Section 7. Compliance with Laws.
You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
Section 8. Indemnification.
You agree to indemnify, defend and hold Santa Fe Mercados, Inc., and its officers, directors, shareholders, agents and employees, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Section 9. Disclaimer.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. SANTA FE MERCADOS, INC., DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Section 10. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL SANTA FE MERCADOS, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
Section 11. Additional Rights.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Section 12. Use of Information.
Section 13. Copyrights and Copyright Agent.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is
Santa Fe Mercados Inc, who can be reached as follows:
By Phone: (408) 251-1033
By e-mail: email@example.com
Section 14. Arbitration, Jurisdiction and Venue.
A. Arbitration. You agree that any dispute, controversy or claim arising out of, or relating to, this Agreement shall be settled by confidential arbitration in Santa Clara County, California, in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and that arbitrator may grant injunctions or other relief in such dispute or controversy. The parties will mutually agree upon such arbitrator, but if the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA will select the arbitrator from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one (1) day in duration for the purpose of receiving evidence and will render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any State or Federal court. The cost of the arbitrator shall be shared equally, and all other expenses of arbitration will be paid by the party who incurred them. You further agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
B. Jurisdiction and Venue. This Agreement provided hereunder will be governed by the laws of the State of California, without regard to any laws that would direct the choice of another state’s laws and, where applicable, to be governed by the federal laws of the United States. Subject to Section 14(A) (which provides for arbitration of claims between you and Santa Fe Mercados, Inc., to the maximum extent possible), you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the State of California for any dispute or litigation arising out of, or relating to, the use of this Site, and you waive any objection to the laying of venue of any such litigation in California courts and agree not to claim that such litigation brought therein has been brought in an inconvenient forum; in other words, if you and Santa Fe Mercados, Inc., have a dispute, you agree to resolve it in a California court. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
YOU AND SANTA FE MERCADOS, INC., AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OUR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Section 16. Severability.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Section 17. Termination.
Santa Fe Mercados, Inc., may terminate this Agreement at any time, with or without notice, for any reason.
Section 18. Acknowledgment.
Section 19. Contact Information.
HOW TO CONTACT US:
Santa Fe Mercados Inc.
331 Piercy Rd San Jose Ca 95138