Terms and Conditions
ACCEPTANCE OF TERMS
Please note that certain products and services may be governed by separate or additional terms and you will also be subject to those terms. Any special term, the more specific term shall apply.
COPYRIGHT; LIMITED LICENSE
Unless otherwise noted, all content on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, Fiesta Mart, L.L.C. does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the content.
The Fiesta Mart, L.L.C. names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Fiesta Mart, L.L.C. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Fiesta Mart, L.L.C.
Products and promotions posted on this Site, or those sent to customers by personalized e-mail, are good only for the dates indicated. Offers, promotions, and sweepstakes offered at fiestamart.com may not be available in Fiesta Mart stores. Likewise, offers, promotions, and sweepstakes offered in Fiesta Mart stores may not be available at fiestamart.com. Certain services and/or programs may not be available at all locations. Fiesta Mart attempts to be as accurate as possible in describing products and services. However, Fiesta Mart does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error free.
We make efforts to ensure that there are no errors on the website and the information mentioned is accurate. However, there may be instances where the information is incomplete or inaccurate. Fiesta Mart, L.L.C. assumes no responsibility for errors or omissions in the content on the website. We reserve the right to correct errors and/or to update the content or information on this Site at any time without notice.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Fiesta Mart, L.L.C. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from fiestamart.com on this Site and other than generally available third party web browsers (e.g., Microsoft Internet Explorer, Mozilla Firefox, Netscape Navigator).
IN NO EVENT SHALL FIESTA MART, L.L.C.™ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FIESTA MART HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE
OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
This Site contains links to third-party Web sites that are not under the control of Fiesta Mart, L.L.C. Fiesta Mart, L.L.C. makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-Fiesta Mart, L.L.C. Web site, you do so at your own risk and Fiesta Mart, L.L.C. is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Fiesta Mart, L.L.C. provides these links merely as a convenience and the inclusion of such links does not imply that Fiesta Mart, L.L.C. endorses or accepts any responsibility for the content or uses of such Web sites.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Fiesta Mart, L.L.C. from its offices within the state of Texas, United States of America. By accessing this Site, you and Fiesta Mart, L.L.C. agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. Fiesta Mart, L.L.C.™makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Fiesta Mart, L.L.C. or other third parties.
You are not permitted to use the Marks without the prior written consent of Fiesta Mart, L.L.C. or such third party which may own the Marks.