Terms and Conditions
EFFECTIVE DATE: March 1, 2017
This is a legal agreement (“Agreement”) between you and MTC Inc., d/b/a La Familia Cortez Restaurants, its subsidiaries or affiliated entities (hereinafter collectively “MTC”) governing your access to and use of this Website (the “Website”).
BY CLICKING YOUR ACCEPTANCE, OR BY ACCESSING OR USING THIS WEBSITE, YOU REPRESENT THAT YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. If you do not agree to or understand this Agreement, then you may not use or access this Website.
By using this Website you warrant and promise to MTC, that either (i) you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity, or are otherwise entitled to be legally bound in contract), or (ii) that your parent(s) or legal guardian(s) have consented to your use of this Website and accept this Agreement on your behalf, and are responsible for the activity and conduct of anyone that you permit to use this Website.
In consideration of your use and access to this Website and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you agree that this Agreement is for the joint and several benefit of MTC any of their respective Third Party Providers. MTC shall have the right to enforce the terms of this Agreement. “Third Party Provider” in this Agreement means a third party provider to MTC for providing goods or services through this Website.
ACCESS AND REGISTRATION
When accessing the Website, acceptance of this Agreement will be required at the beginning of each session or alternatively by a one-time acceptance of this Agreement. This Agreement shall apply in full every time you access the Website, whether or not you are required to subsequently indicate acceptance of this Agreement. If you access this Website by means of a one-time acceptance of this Agreement and the terms and conditions of this Agreement are modified, you will be required to indicate acceptance of the modified Agreement before further access to the Website is granted. Unless otherwise noted, there are no fees charged by MTC to use the Website. This Website is intended for individuals 13 years of age or older; if you are between 13 and 18, please use this Website with the permission of a parent or guardian.
In order to participate in certain areas of the Website, you may need to register for an account. You agree to (a) create only one account; (b) provide accurate, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account; (e) promptly notify MTC if you discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
CONSENT TO MONITORING
AUTHORIZATION TO USE THE WEBSITE / PROHIBITED CONDUCT
You agree that you are authorized to use this Website subject to the terms and conditions of this Agreement. You agree that you are fully responsible for your activities while using this Website (including for any content, information and other materials you access or transmit via this Website), and that you shall bear all risks regarding use of this Website. You agree not to use this Website to engage in any Prohibited Conduct. Broadly stated, “Prohibited Conduct” is any conduct that is unlawful, infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission), tortious (conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk), or any other online conduct that a reasonable individual would or should know would violate another party’s intellectual property rights, privacy rights or other rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system or other property.
By way of illustration and not limitation, Prohibited Conduct includes using this Website to: (i) intercept, divert or otherwise interfere with any communication, (ii) violate the security or integrity of, or gain unauthorized access to, this Website or any other Website, system or communication, engage in any activity in the nature of hacking or port scanning, or engage in any activity that is in the nature of a “denial of service” attack or otherwise affect/interrupt or attempt to affect/interrupt the operation of the Website in any manner; (ii) impose an unreasonable or disproportionately large load on any systems or infrastructure; (iii) send “spam”, chain letters, or other unsolicited communications to any party; (iv) create a “mail drop” for such communications, or engage or permit e-mail relay Websites (e.g., “open mail relay”); (v) “spoof” or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (vi) commit fraud; (vii) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (viii) disseminate information or data that contains any computer virus, or any viruses, Trojan horses, or other code or programming or material designed to or intended to damage, interfere with, intercept, interrupt, destroy, limit the functionality of or expropriate any computer hardware, software, system, data or personal information; (ix) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; (x) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (xi) send or receive material containing defamatory, false, or libelous material; (xii) send, receive, download or print any material, audio, video or otherwise, that infringes or violates any intellectual property rights, or other right, of any entity or person, including, without limitation, copyrights, patents and/or trademarks, laws governing trade secrets, rights to privacy, or publicity; (xiii) send or receive any material that you do not have a right to make available under law, contractually (for example, it was not paid for) or under fiduciary relationships; (xiv) engage in conduct that would expose MTC or its Third Party Providers to civil or criminal liability; (xv) engage in any activity that violates any local, state, United States or applicable international law or regulation, (xvi) engage in any activity that is harmful to minors, or permit a minor to use this Website to access any content intended for adults; or (xvii) assist others in engaging in Prohibited Conduct.
This list of Prohibited Conduct is meant to serve as examples of prohibited conduct and is not intended to be and should not be construed to be exhaustive. MTC requires and expects that you will be a good Internet citizen and use good judgment when using this Website.
You agree to indemnify, defend, and hold harmless MTC, any Third Party Provider and their respective affiliates, officers, directors, shareholders and employees, from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from your breach of any provision of this Agreement or any warranty or promise you provide herein, or otherwise arising in any way out of your use of the Website, including, but not limited to, using the Website for Prohibited Conduct. MTC reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with MTC and/or the Third Party Provider in asserting any available defenses.
CONSEQUENCES FOR UNAUTHORIZED USE
Without limiting any other available right or remedy, MTC and/or its Third Party Providers reserve the right to, and you agree that MTC and/or the Third Party Provider shall have the right to: (i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of the Website and to otherwise protect its interests (e.g., removing, destroying or otherwise making unavailable offending material, temporary or permanent filtering, blocking access, and suspending or terminating Website), and (ii) investigate and involve and cooperate with appropriate authorities regarding any actual or suspected illegal or unauthorized activities involving this Website. You agree that you will be liable to MTC and the Third Party Provider for any damages incurred or amounts that are required to be paid by MTC and/or the Third Party Provider that arise out of, or are related to, your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys’ fees and costs of enforcement.
DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS PROVIDED SOLELY AS A CONVENIENCE TO MTC GUESTS, “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MTC AND/OR THIRD PARTY PROVIDERS MAKE NO EXPRESS WARRANTIES AND DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (i) MERCHANTABILITY, (ii)FITNESS FOR A PARTICULAR PURPOSE, (iii) NON-INFRINGEMENT, (iv) WORKMANLIKE EFFORT, (v)QUALITY, (vi)ACCURACY, (vii)TIMELINESS, (viii) COMPLETENESS, (ix)TITLE, (x)QUIET ENJOYMENT, (xi) NO ENCUMBRANCES, (xii) NO LIENS, (xiii) SYSTEM INTEGRATION OR (xiv) THAT ACCESS TO OR USE OF THIS WEBSITE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF MTC OR THIRD PARTY WEBSITE PROVIDER IS ON NOTICE OF SUCH PROBLEMS. YOU FURTHER AGREE AND UNDERSTAND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY MTC, A THIRD PARTY PROVIDER OR THEIR RESPECTIVE EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY, GUARANTY, PROMISE, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.
LIMITATION OF MTC AND THIRD PARTY PROVIDER LIABILITY
(a) YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS PROVIDED AS A PRIVILEGE, SOLELY FOR CONVENIENCE, AND USE OF THE WEBSITE DOES NOT IMPOSE LIABILITY OF ANY KIND (OR IN ANY AMOUNT) ON MTC OR A THIRD PARTY PROVIDER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS WEBSITE, ITS FEATURES OR CONTENT, EVEN IF MTC OR ITS THIRD PARTY PROVIDER IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
(b) YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF MTC AND ITS THIRD PARTY PROVIDER ARISING OUT OF, OR RELATED TO, THIS AGREEMENT AND THE USE OF THE WEBSITE SHALL NOT EXCEED THE LESSER OF (I) YOUR DIRECT DAMAGES (IF ANY), OR (II) FIFTY DOLLARS ($50.00).
(c) YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (i) BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, (ii) DAMAGES FROM ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, ACCIDENT, MISUSE OR FRAUDULENCE, UNAUTHORIZED USE OF THIS WEBSITE, USE OR LOSS OF USE OF DATA, DELAYS, NON-DELIVERY, MIS-DELIVERY, BREACH OF SECURITY, LINE FAILURE OR WEBSITE INTERRUPTIONS OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY YOU EVEN IF THE SAME IS CAUSED BY MTC’S OR A THIRD PARTY PROVIDER’S OWN NEGLIGENCE, OR (iii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED.
CHANGE / TERMINATION OF USE / UPDATES TO THIS AGREEMENT
You agree that MTC or a Third Party Provider may, at any time and for whatever reason change, terminate, limit or suspend the Website (in whole or in part) or your access to the Website. Upon any termination, your rights to use the Website will immediately cease. MTC also reserves the right to update or revise this Agreement at any time without prior notice. Notwithstanding the foregoing sentence, your continued use of the Website following an update to this Agreement signifies your acceptance of its revised terms. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, dress and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to MTC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without MTC’s express prior written consent.
You may use information on MTC products and services (such as menus, newsletters, and similar materials) purposely made available by MTC for downloading from the Website, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
NOTICE FOR COPYRIGHT INFRINGEMENT CLAIMS
MTC is concerned about protecting the copyright and other intellectual property rights of others. We urge you to adhere to all applicable copyright laws. We may disable or terminate any user and remove or modify any ability to obtain certain content through this Website in our discretion. If you believe you have a copyright infringement claim resulting from material accessed via this Website, you may notify us by providing the following information to our designated agent (Copyright Complaint/Legal, MTC Inc. 800 Dolorosa, Ste. 204, San Antonio, TX 78207, Tel: (210) 225-3955, Fax: (210) 225-5981, Email: firstname.lastname@example.org), as required by 17 U.S.C. § 512:
1. physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow us to locate the material;
4. Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
5. A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and,
6. A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
It is our policy to terminate relationships regarding content with parties who repeatedly infringe the copyrights of others.
RESPONSIBILITY FOR DATA SECURITY AND PRIVACY
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 agree and acknowledge that 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 to you. 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 acknowledge your authorship or ownership in the materials.
While privacy and security are important to MTC and its Third Party Providers, you understand and agree internet transmissions can never be made completely private or secure. You acknowledge that MTC and/or its Third Party Providers make no assurances that your communications, or activities while using the Website, or your use of any information or data obtained by you by accessing this Website will be (or will remain) private or secure, and you further agree that MTC and/or Third Party Providers assume no responsibility in that regard. You understand that any message or information you send to the Site may be read or intercepted by others, even if we inform you that we attempt to protect that information by encryption or other means. You agree that you, and not MTC or the Third Party Provider, are solely responsible for your own privacy and security in using this Website, the accuracy or completeness of any information or data obtained by you via this Website, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems. You are responsible for maintaining the confidentiality of, and you are responsible for all activities that occur under, your account(s), username(s) and password(s).
You agree that: this Agreement and your use of the Website shall be governed by (i) the laws of the State of Texas, without regard to conflicts of laws, and MTC and/or its Third Party Provider, shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be (i) the federal and state courts in the State of Texas in Bexar County, and you agree that such courts will have personal jurisdiction over you in such matters through your use of the Website. You agree that this Agreement is solely between you and MTC. You agree that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to this Agreement or the Website shall be solely against MTC, and not any other party. Further, you agree that any action you bring that arises from, or relates to, the Website must be initiated within one year from the relevant date of your access to the Website, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, then such provision(s) will be ineffective to the extent of such determination, and such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions of this Agreement and/or the spirit of this Agreement and the remainder of this Agreement will continue and shall remain in full force and legal effect. Any failure by MTC or a Third Party Provider to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that this Agreement constitutes the entire agreement between you and MTC regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and MTC regarding its subject matter.
You expressly consent to the rendering of this Agreement in English.