Thank you for using Puebloharvestcafe.com or puebloharvest.net. Use of our site subjects you to the notices, terms, and conditions set forth in this agreement (the “Agreement”). We reserve the right to change this site and these terms and conditions at any time. Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding. The Indian Pueblo Cultural Center is a U.S. tax-exempt 501 (c) (3) organization. Please be sure to consult your tax advisor regarding the federal tax treatment of any donation transactions.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
We may assign you a password and account identification to enable you to access and use certain portions of this site. Each time you use a password or identification, you will be deemed to be authorized to access and use the site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to Indian Pueblos Marketing, Inc. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Indian Pueblos Marketing, Inc. The Content and the Compilation and the Software are all protected by U.S. and international copyright laws. Indian Pueblos Marketing Inc., Indian Pueblo Cultural Center, Pueblo Harvest, Starbucks at Avanyu Plaza, Shumakolowa Native Arts, Shumakolowa Gifts, Puebloharvestcafe.com or puebloharvest.net, and other logos, design logos, taglines, slogans, trade names or words are registered trademarks, trademarks or service marks of Indian Pueblos Marketing, Inc. and the Indian Pueblo Cultural Center. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Reserve of Rights
All rights not expressly granted in these terms are reserved to Indian Pueblos Marketing, Inc. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Indian Pueblos Marketing, Inc. or any other person or entity.
Reviews and Other User-Submitted Content
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
We do not represent or warrant that the information, material or software accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
Links and references to other websites are provided to you as a convenience only. We have not reviewed and do not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and we do not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
Risk of Loss
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard Terms of Sale, which are outlined below.
Disclaimer and Limitation of liability
Except as otherwise provided in the standard Terms of Sale (outlined below) that govern the sale of each product on this site, the products offered for sale on it and the transactions conducted through it are provided by us on an “as is” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. We do not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This site is created and controlled by us in the State of New Mexico, USA. As such, the applicable laws of the State of New Mexico will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Terms of Sale
This agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of products and/or services (the “Products”) from Indian Pueblos Marketing, Inc. and Indian Pueblo Cultural Center using the Puebloharvestcafe.com or puebloharvest.net website. We reserve the right to change these terms and conditions without prior written notice at any time, at our sole discretion.
Please read this agreement carefully. By using this website to make on-line purchases of products, you agree to be bound by and accept the terms and conditions set forth in this agreement, and you represent that you are of legal age to enter into this agreement and become bound by its terms. This agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
1. Consent To Use Of Electronic Documents
You hereby consent to the exchange of information and documents between you and Indian Pueblos Marketing, Inc. over the Internet or by e-mail, and that this Agreement and any applicable Order Confirmations in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Before submitting an order for the purchase of Products using this website, you will be shown an Order Confirmation screen describing, among other things, the products to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order, such order will constitute an offer from you to Indian Pueblos Marketing, Inc. to purchase the products described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on us until accepted by Indian Pueblos Marketing, Inc. Our acceptance of your order is evidenced by a return e-mail from us indicating that your order has been accepted.
We reserve the right, at our discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, we will issue a full refund.
All prices quoted are payable in U.S. Dollars. Although we strive to provide accurate product and pricing information, errors may occur. We reserve the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. We cannot confirm the price of a product until after you submit an order for the product. In the event that the price or related information for a product as described on the Puebloharvestcafe.com or puebloharvest.net website is incorrect due to an error in pricing or product information, we may, at our sole discretion, refuse or cancel your order. If there is such an error in pricing, we may cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the product at the correct price.
5. Payment Terms
Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by Indian Pueblos Marketing, Inc. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
6. Product Availability
The availability of certain products may be limited, and products may not be available for immediate delivery. We may revise or cease to make available any products at any time without prior notice. In the event that we are unable to deliver you a product ordered due to lack of availability, we will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable product, provided that we may, at our sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the product becomes available.
Products are available for sale in the contiguous United Sates and have only limited availability in Alaska, Hawaii and in other countries.
7. Shipping & Taxes
We will ship the products ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. We reserve the right to not deliver an order outside of the contiguous United States. Delivery times provided are estimates only. We shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each Order, as applicable. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the Order.
All products purchased from Puebloharvestcafe.com or puebloharvest.net are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the products and shall assume the risks of loss at the time of delivery by Indian Pueblos Marketing, Inc. of the products to the third party delivery company.
All Product returns are subject to our Return Policy (insert link) the terms of which are incorporated herein by reference. Some restrictions may apply.
10. Export Laws
Products sold or delivered under this Agreement shall be subject to export control laws and regulations of the United States of America. You agree to comply at all times with all such laws and regulations. You will defend and hold Indian Pueblos Marketing, Inc. harmless against all claims, damages or liability resulting from breach of the foregoing.
11. No Assignment & Inurement
You may not assign your rights or obligations under this Agreement without the express written consent of Indian Pueblos Marketing, Inc. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
12. Entire Agreement & Severability
13. No Waiver
The failure of Puebloharvestcafe.com or puebloharvest.net to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of Puebloharvestcafe.com or puebloharvest.net to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.