Welcome to the Tierra y Fuego Website (the "Site"). Tierra y Fuego provides this Site as a service to its customers. Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such changes constitute your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
The Site honors VISA, MasterCard, American Express, cashier's checks, and money orders for all purchases made through its secure-transactions servers, phone, mailed, or faxed orders.
Sales Taxes and Duties:
Sales tax applies only for California residents. Duties for shipments sent outside the US may be assessed by your country. Duties are the responsibility of the buyer.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you will see depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Tierra y Fuego strives to maintain 99.9% system availability, except during scheduled maintenance periods. Should we experience technical difficulties, Tierra y Fuego is not responsible for orders that are not processed or accepted.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, and/or intellectual properties owned, controlled or licensed by Tierra y Fuego. TIERRA Y FUEGO is the trademark of Tierra y Fuego Inc.
The contents of our Site , and the Site as a whole, are intended solely for personal, noncommercial (other than the purchase of merchandise from our site) use by the users of our Site. You may not download or copy the Contents and other downloadable materials displayed on the Site without written consent from Tierra y Fuego. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
User Comments, Feedback and Other Submissions:
All comments, feedback, suggestions, ideas, and other submissions disclosed , submitted or offered to Tierra y Fuego on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Tierra y Fuego's property. Such disclosure, submissions or offer of any Comments shall constitute an assignment to Tierra y Fuego of all worldwide rights titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, Tierra y Fuego will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Tierra y Fuego is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
Tierra y Fuego provides the materials on this site "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Tierra y Fuego expressly disclaims any duty to update or revise the materials on this site, although Tierra y Fuego may modify the materials at any time without notice. By your use of this site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site. You further acknowledge that Tierra y Fuego shall not be liable for any damages or any kind related to your use of this site.
You agree to defend, indemnify and hold Tierra y Fuego harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Errors, Inaccuracies, and Omissions:
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
Links to Other Web Sites and Services:
The Site may contain links to other Web sites that are not under the control of Tierra y Fuego Inc. Tierra y Fuego Inc. has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.
Choice of Law:
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of San Diego and/or the Southern District of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Tierra y Fuego Inc.'s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
These terms are effective unless and until terminated by either you or Tierra y Fuego Inc. You may terminate this Agreement at any time. Tierra y Fuego Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.