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Website Conditions of Use

CONDITIONS OF USE

 

Welcome to elojodeagua.com. Nueva Extremadura, LLC, d/b/a Rancho Ojo de Agua, (Rancho Ojo de Agua) provides website features to you subject to the following conditions. If you visit or shop at elojodeagua.com, you accept these conditions. Please read them carefully.

 

PRIVACY

Rancho Ojo de Agua will not sell, share, or otherwise disclose personally identifiable information from customers to third parties. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

 

ELECTRONIC COMMUNICATIONS

When you visit Elojodeagua.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You 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.

 

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Rancho Ojo de Agua or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Rancho Ojo de Agua and protected by U.S. and international copyright laws. All software used on this site is the property of Rancho Ojo de Agua or its software suppliers and protected by United States and international copyright laws.

 

TRADEMARKS

“Rancho Ojo de Agua,” “Bolsa” and other Elojodeagua.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Rancho Ojo de Agua in the U.S. and other countries. Rancho Ojo de Agua’s trademarks and trade dress may not be used in connection with any product or service that is not Rancho Ojo de Agua’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rancho Ojo de Agua. All other trademarks not owned by Rancho Ojo de Agua that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rancho Ojo de Agua.

 

LICENSE AND SITE ACCESS

Rancho Ojo de Agua grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of Rancho Ojo de Agua. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Rancho Ojo de Agua. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rancho Ojo de Agua without express written consent. You may not use any meta tags or any other “hidden text” utilizing Rancho Ojo de Agua’s name or trademarks without the express written consent of Rancho Ojo de Agua. Any unauthorized use terminates the permission or license granted by Rancho Ojo de Agua. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Elojodeagua.com so long as the link does not portray Rancho Ojo de Agua, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Rancho Ojo de Agua logo or other proprietary graphic or trademark as part of the link without express written permission.

 

RISK OF LOSS

All items purchased from Rancho Ojo de Agua are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PRODUCT DESCRIPTIONS

Rancho Ojo de Agua attempts to describe its products as accurately as possible. However, Rancho Ojo de Agua does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Rancho Ojo de Agua itself is not as described, your sole remedy, unless otherwise agreed to in writing, is to return it in unused condition.

 

Unless coordinated otherwise with Rancho Ojo de Agua, you understand that each Rancho Ojo de Agua Bolsa is unique.  You agree that within a Bolsa design (Adventure Bolsa, Multi-Purpose Bolsita, Lunch Bolsa, Messenger Bolsa, and Bank Bolsa), your purchase will be chosen at random and will not depict any particular person, animal, item, brand, or color.

 

WHOLESALE PURCHASE

Purchasers to whom wholesale pricing apply (“Wholesale Purchasers”) agree not to disclose Rancho Ojo de Agua’s wholesale-pricing promotion code to any person or entity without prior written consent by Rancho Ojo de Agua.

 

Wholesale Purchasers agree that in addition to the purchase price specified on Elojodeagua.com, the amount of any present or future sales, use, excise, or similar tax applicable to the purchase of goods from Elojodeagua.com will be paid by the Wholesale Purchaser. Wholesale Purchasers further agree that unless coordinated otherwise with Rancho Ojo de Agua, goods purchased on this website will be shipped United States Postal Service Priority or Parcel Post.

 

WARRANTIES

Rancho Ojo de Agua warrants that (1) it is the legal owner of the good sold on Elojodeagua.com; (2) the goods sold on Elojodeagua.com are free from all liens and encumbrances; (3) Rancho Ojo de Agua has the right to sell such goods; and (4) Rancho Ojo de Agua will defend title to such goods from any and all claims and demands.

 

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

EXCEPT FOR THE FOREGOING WARRANTIES, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY RANCHO OJO DE AGUA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RANCHO OJO DE AGUA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RANCHO OJO DE AGUA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RANCHO OJO DE AGUA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM RANCHO OJO DE AGUA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RANCHO OJO DE AGUA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

APPLICABLE LAW

By visiting Elojodeagua.com, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Rancho Ojo de Agua.

 

DISPUTES

Any dispute relating in any way to your visit to Elojodeagua.com or to products or services sold or distributed by Rancho Ojo de Agua or through Elojodeagua.com will be adjudicated in either state court in Bexar County, Texas; or if in federal court, in the San Antonio or Austin Division of the United States District Court for the Western District of Texas, and you consent to exclusive jurisdiction and venue in such courts.

 

SITE CONDITIONS, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.