LEGAL INFORMATION

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

 

Posados Cafe, Inc., a Texas Corporation, owns the “Posados Café” and “Mercados Café” concept.  By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.

 

 

RESTRICTIONS ON USE

Material from www.posados.com, www.mercados.comand any other World Wide Web site owned, operated, licensed, or controlled by Posados Cafe, Inc., or any of its related, affiliated or subsidiary companies (together, "Posados Cafe, Inc."), may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Posados Cafe, Inc. EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Posados Cafe, Inc.’s intellectual property rights. The material in this site is provided for lawful purposes only.

 

RESTRICTION OF LIABILITY.

Posados Cafe, Inc. will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Posados Cafe, Inc. will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence on Posados Cafe, Inc. or an authorized Posados Cafe, Inc. representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Posados Cafe, Inc.’s total liability to you for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) will not be greater than the amount you paid to access this site.

 

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Posados Cafe, Inc. through this site (together, the "Submission") will forever be the property of Posados Cafe, Inc.  Posados Cafe, Inc. will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Posados Cafe, Inc. operations.  Without limitation, Posados Cafe, Inc. will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Posados Cafe, Inc. will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Posados Cafe, Inc., have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

JURISDICTION

Except as described otherwise, all materials in the Posados Cafe, Inc. site are made available only to provide information. Posados Cafe, Inc. controls and operates this site from its headquarters in Tyler, Texas, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.

 

DISCLAIMER

The material in this site could include technical inaccuracies or typographical errors. Posados Cafe, Inc. may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POSADOS CAFE, INC. DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POSADOS CAFE, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POSADOS CAFE, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT POSADOS CAFE, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

 

Posados Cafe, Inc. is an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must contact the designated recruiting representative. For your information, Posados Cafe, Inc. franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.

 

LINKING

Any creation by you of any kind of Hyperlink to the site is not allowed without the permission of Posados Cafe, Inc. If you wish to obtain permission to hyperlink, please contact: POSADOS CAFE, INC., P.O. Box 131929, Tyler, Texas 75713-1929.

 

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Posados Cafe, Inc. can revise these Terms and Conditions at any time by updating this posting. Posados Cafe, Inc. products and services are available in many parts of the world. However, the Posados Cafe, Inc. site may describe products and services that are not available worldwide. This site may be linked to other sites that are not maintained by Posados Cafe, Inc.  Posados Cafe, Inc. is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Posados Cafe, Inc. of the sites. All other trademarks are the property of the respective trademark owners.

 

PRIVACY

Posados Cafe, Inc. is very sensitive to the privacy concerns of the visitors to its site on the Internet. As a general policy, no personal information is automatically collected from visitors to the site.  However, certain non-personal information of visitors is recorded by the standard operation of Posados Cafe, Inc.’s Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of operating system in use (e.g., Macintosh, Windows) and the type of browser being used by the visitor (e.g., Netscape, Internet Explorer).

 

Other uses of this information include internal review of the number of visitors to the site but only in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known only when voluntarily submitted.

 

Personally identifiable information that may be collected in connection with visitors is retained by Posados Cafe, Inc. and is not sold or otherwise transferred outside the company. This information is collected to help us better understand visitors’ use of our site.

 

To the extent that any of the sites accessible through Posados Cafe, Inc.’s Web Site have different practices, these practices will be explained at that site.

 

A SPECIAL NOTE FOR PARENTS

Posados Cafe, Inc. believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the "Consumer Assistance" page of the Direct Marketing Association home page (http://www.the-dma.org).

 

©Posados Cafe, Inc. 2001 All rights reserved.