TERMS OF USE
Conditions
Copyright and
Trademarks
Personal Use
Idea
Submissions and Feedback
Product
Sales and Availability
Disclaimer of Warranties & Limitation of Liability
Privacy and Security
Minors and Children
Linked Sites
Indemnification
Recourse
Viruses
Miscellaneous Terms
Conditions
Your use of this Web site constitutes your acceptance of the following
conditions. Please familiarize yourself with them. If you do not agree with
these conditions, please discontinue usage of this site. These conditions
may be modified when deemed necessary; so please check them from time to
time as your continued use of the site signifies your acceptance of any
changed items.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT Cafetienda INC. ("CAFETIENDA") ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT Cafetienda CAFETIENDA SOURCES, INCLUDING CAFETIENDA FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.
Copyright and Trademarks
This Web site and
all content provided on this Web site is protected by copyright, trademark
and other applicable intellectual property and proprietary rights laws, and
is owned, controlled, and/or licensed by Cafetienda and/or its affiliates
and related companies. Nothing contained on this Web site grants, by
implication, estoppels, or otherwise, any licence or right to use any
trademarks, logos, or other names, including, but not limited to, those
identifying Cafetienda and/or its affiliates and related companies or their
respective products and services displayed on this site, without the
expressed written consent of Cafetienda or such third party that may own
such trademarks, logos and other names displayed on this site. The display
of these marks is not intended to be a comprehensive compilation of all
Cafetienda worldwide proprietary ownership rights, and Cafetienda may own or
control other proprietary rights in one or more countries outside Canada.
Personal Use
Without the
expressed written consent of Cafetienda, no information or material from
this Web site may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way whatsoever except that you may
download one copy of the materials onto any single computer, for your
personal, non-commercial home use only, provided you keep intact all
copyright and proprietary notices. You agree that you do not acquire any
rights in any downloaded content. You agree to abide by all copyright
notices, information and restrictions contained in any content on this Web
site and any content accessed through this Web site. You are hereby advised
that Cafetienda will enforce its intellectual property rights to the fullest
extent permitted by law.
Idea Submissions and Feedback
You will use this
Web site and any content, material, or information found on this Web site
solely for lawful purposes. You shall not upload to, distribute to, or
otherwise disseminate through, this Web site any material or information of
any kind that is libellous, defamatory, obscene, pornographic, abusive, or
otherwise violates any law or infringes or violates any rights of any other
person or entity, or that contains a solicitation of funds, advertising, or
a solicitation for goods or services. You will be solely responsible for the
content of any material or information that you make available through this
Web site. You will also be liable for any loss or damage resulting, directly
or indirectly, from your making any material or information available
through this Web site. Any conduct by you that in Cafetienda's discretion
restricts or inhibits any other user from using or enjoying this Web site
will not be permitted.
The foregoing provisions of this section are for the benefit of Cafetienda,
its affiliates and related companies and its third party content providers
and licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
Our policy is not to accept unsolicited ideas about new marketing,
advertising, product, and/or packaging concepts and/or improvements. We
employ a top-flight staff and consultants who may be working on the same or
similar ideas you have thought up. This policy is to avoid confusion about
our ownership of new concepts. If you do send us a message about a proposed
idea, your message will be treated as non-proprietary and non-confidential
and, by doing so you agree that it becomes, without further compensation to
you, our sole and exclusive property and may or may not be used by us for
any purpose.
Product Sales and Availability
All products
displayed on this site will be delivered only within Canada and the United
States. Cafetienda reserves the right without prior notice to discontinue or
change specifications on products and services offered on this site without
incurring any obligation.
EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO OUR PRODUCTS, ALL
CONTENT OF THIS SITE ARE OFFERED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY
WHATSOEVER EITHER EXPRESSED OR IMPLIED. Cafetienda MAKES NO REPRESENTATIONS,
EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer
of Warranties & Limitation of Liability
The information
contained on this site is for informational purposes only and it is not
intended to meet any particular user's need. Documents provided on this Web
site are provided as a service only, and do not constitute official versions
of such documents. This Web site, and all content, material, information or
postings found on or accessed through this Web site, are provided on an "AS
IS" basis. Cafetienda, its affiliates and related companies, and each of
their respective directors, officers, employees, consultants and agents
expressly disclaim any and all representations, warranties and conditions,
express and implied, including, without limitation, any and all
representations and warranties of title and non-infringement, and all
implied warranties and conditions of merchantability, fitness for any
particular purpose, suitability for any particular purpose, and any
representations, warranties or conditions arising from any course of dealing
or usage of trade, with respect to this Web site or the content contained in
or accessed through this Web site.
Neither Cafetienda nor its affiliates and related companies, nor each of
their respective directors, officers, employees, consultants and agents
makes any representations or warranties as to the accuracy, timeliness,
reliability, truthfulness or completeness of this Web site or the content
contained in or accessed through this Web site, including, but not limited
to, the contents of any content, information, material, or posting found on
this Web site (including, but not limited to, any press releases or
financial information), any services provided through this Web site, or any
links to other sites made available on this Web site or the content
contained on such site(s), or as to the continuous or error free use and
operation of the internet or this Web site.
Neither Cafetienda nor its affiliates and related companies, nor each of
their respective directors, officers, employees, consultants or agents makes
any representations or warranties that this Web site or access to and use of
this Web site will be uninterrupted, error free, or free from defects,
viruses or other harmful components. You expressly agree that use of this
Web site is at your sole risk.
Under no circumstances, including, but not limited to, negligence, gross
negligence, negligent misrepresentation and fundamental breach shall
Cafetienda or its affiliates and related companies, and each of their
respective directors, officers, employees, consultants and agents be liable
for any direct, indirect, incidental, special or consequential damages or
any loss that result from the use of, or the inability to use, any content,
information, material, or postings on this Web site, directly or indirectly,
or the transmission of confidential or sensitive information over the
internet. These limitations apply regardless of whether the party liable or
allegedly liable was advised, had other reason to know, or in fact knew of
the possibility of such damages. You specifically acknowledge and agree that
neither Cafetienda nor its affiliates and related companies, nor each of
their respective directors, officers, employees, consultants and agents
shall be liable for any defamatory, offensive or illegal conduct of any
user, including you.
Privacy and Security
For
information regarding our policy on the collection, use and storage or users
personal information as well as Security, please read our Privacy Policy.
Minors and Children
This Web site is
for a general public, it is not intended to collect information from
children under the age of 13. To comply with the COPPA Agreement (Children's
Online Privacy Protection Act) Cafetienda demands that parents supervise
their children while online. Children under the age of 13 should not provide
personal information on the Cafetienda Web site. Other minors should not
post any information without parental consent.
Linked Sites
Web sites accessed
via hypertext link or other means from this Web site have, unless otherwise
indicated, been independently developed by third parties and we do not
warrant the accuracy or completeness of the information contained in such
sites. The inclusion of any information, material, content or links on this
Web site should not be construed as an express nor an implied endorsement of
any third party products or services.
Indemnification
To the maximum
extent permitted by applicable law, you will defend, indemnify and hold
harmless Cafetienda, its affiliates and related companies, and each of their
respective directors, officers, employees, consultants and agents from and
against all claims, liability, and expenses, including all legal fees and
costs, arising out of: your breach of these provisions; or (ii) your use of
this Web site, the content contained in this Web site and the placement or
transmission of any information or other materials on this Web site made by
you or others using your account.
You agree to promptly notify Cafetienda immediately after you become aware
of any unauthorised use of your account and to take such reasonable steps as
are necessary to prevent any reoccurrence of such event. Cafetienda reserves
the right, in its sole discretion and at its own expense, to assume the
exclusive defence and control of any matter otherwise subject to
indemnification by you. You will co-operate as fully as reasonably required
in the defence of any claim.
Recourse
If you are
dissatisfied with this Web site or these provisions, your sole and exclusive
remedy is to discontinue using this Web site. In such an event, you agree to
destroy all materials obtained by you on this Web site and all copies
thereof. These provisions shall survive any such termination.
Viruses
Cafetienda also assumes no responsibility, and shall not be liable for, any
damages to, or viruses that may infect, your computer equipment or other
property on account of your access to, use of, or browsing in this Web site
or your downloading of any materials, data, text, images, video, or audio
from this Web site.
Miscellaneous Terms
Any disputes
arising hereunder shall be governed exclusively by the laws of the province
of Quebec and the laws of Canada applicable therein, without giving effect
to their conflict of laws principles. You expressly consent to the exclusive
forum, jurisdiction, and venue of the courts of Quebec and/or the Federal
Court of Canada, or any other judicial district or jurisdiction as
Cafetienda may determine, in any and all actions, disputes, or controversies
relating hereto. These provisions and any rules, policies or guidelines
posted on this Web site by Cafetienda constitute the entire agreement
between Cafetienda and you with respect to the subject matter hereof. No
waiver by either Cafetienda or you of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision contained herein shall be determined to be void, invalid,
or otherwise unenforceable by a court of competent