Updated February 2019
ATTENTIONPlease read these "Terms and Conditions of Use" carefully before using this website. Using this website and clicking on the "Agree" box when you place your order represents your acceptance of these Terms and conditions of use. If you do not accept these Terms and Conditions of Use, please do not use this website.
www.laespanolameats.com is the web site of La Española Meats, Inc. wich is located at 25020 Doble Avenue, Harbor City, California 90710. The telephone number is (310) 539-0455. La Española Meats, Inc. makes no representations that materials contained on the web site are appropriate for use in other locations. If you use this Web Site from other locations you are responsible for compliance with applicable local laws.
La Española Meats, Inc. reserves the right, at its sole discretion, to revise these Terms and Conditions of Use at any time by updating this posting. Please check these terms periodically for changes. Your continued use of the web site following the posting of changes to these terms will mean you accept those changes and that they apply to you. These Terms and Conditions of Use apply to every web site maintained by La Española Meats, Inc. If you do not agree with these Terms and Conditions of Use, please do not use this Web Site. If you breach any of these Terms and Conditions of Use your right to use this web site will terminate automatically.
These Terms & Conditions apply to the La Española Meats, Inc website, La Española Meats mobile applications and La Española Meats social media (collectively the "La Española Meats Website"). As used in these Terms & Conditions, "LEM", "us", or "we" refers to La Española Meats, Inc.
Your use of our website is governed by these Terms & Conditions, and by accessing or otherwise using any of our websites, you agree to these Terms & Conditions in their totality.
Any person or entity who interacts with the LEM website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using the LEM Website and bound by these Terms & Conditions. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using all or any part of the LEM website. Certain areas within the LEM website, including mobile applications and social media applications, may be governed by additional terms ("Additional Terms"). By using those areas of the LEM website, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
The sale of Alcoholic Beverages
La Española Meats, Inc. does not sell alcohol to persons under the age of 21. By using this site you are representing that you are over the age of 21. La Española Meats, Inc. makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are representing that the person receiving a shipment of alcoholic beverages from La Española Meats, Inc. is over the age of 21. You also agree that any alcohol purchased from La Española Meats, Inc. is intended for personal consumption and not for resale. Sales per person in California cannot exceed limit of 52 gallons per transaction. If you do not agree with these conditions of use, please do not use this site.
All rights, title and interest in the LEM website, including all copyrights, patents, trade secrets, trade dress and other propietary rights, and any derivative works thereof, shall belong solely and exclusively to LEM or its licensors. Nothing in these Terms & Conditions or otherwise will be deemed to grant to you an ownership of the content posted in the LEM website, as a whole or partially.
All content included on the LEM website, such as recipes, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively "Content") is owned or licensed property of LEM or its licensors and is protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and LEM owns a copyright in the selection, coordination, arrangement and enhancement thereof.
License and Access
LEM grants you a limited license to access and make personal use of the LEM website and its content for NON-COMMERCIAL PURPOSES ONLY and only to the extent in wich such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download, print, and copy Content for personal, non-commercial purposes only. This limited access does not provided you with access to modify or alter the website content in any way, delete or change any copyright or trademark notice, or our Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the LEM website or any of the content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions and it could result in a lawsuit.
All trademarks, service marks, logos, slogans, domain names and trade names used in the LEM website are the properties of their respective owners.
Unlawful or prohibited uses
The LEM website may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this LEM website, you warrant to LEM that you will not use the LEM website for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of LEM, you may not:
(a) Make any commercial use of the LEM Website or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
(b) download, copy, or transmit any Content for the benefit of any other merchant;
(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the LEM Website;
(d) frame, mirror, or use framing techniques on any part of the LEM Website;
(e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing LEM Website content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
(f) use any meta tags or any other hidden text utilizing LEM's name or trademarks;
(g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the LEM Website, or express or imply that we endorse any statement you make;
(h) use a buying agent to conduct transactions on the LEM Website;
(i) conduct fraudulent activities on the LEM Website;
(j) violate or attempt to violate the security of the LEM Website, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the functionality of the LEM Website; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the LEM Website, overloading, "flooding," "spamming," "mailbombing", or "crashing"; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the LEM Website (impersonating the LEM Website) or to the LEM Website (impersonating another user);
(k) send unsolicited or unauthorized email on behalf of LEM, including promotions and/or advertising of products or services;
(l) tamper with the LEM Website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the LEM Website or any activity being conducted on the LEM Website;
(m) use the LEM Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
(n) harvest or collect personally identifiable information about other users of the LEM Website;
(o) restrict or inhibit any other person from using the LEM Website (including, without limitation, by hacking or defacing any portion of the LEM Website);
(p) use the LEM Website to advertise or offer to sell or buy (other than from LEM) any goods or services;
(q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the LEM Website;
(r) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the LEM Website; or
(s) remove any copyright, trademark, or other proprietary rights notice from the LEM Website or materials originating from the LEM Website.
You may be required to register with LEM in order to access certain services or areas of the LEM Website. If you are required to register with LEM, we may not be able, or we may refuse, to provide you the user name you request. Your user name and password are for your personal use only. If you use the LEM Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to LEM including those set forth in these Terms & Conditions, LEM reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
If the LEM Website includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, are delivered to your device even when it is running in the background. You have the ability, and it is your responsibility, to control the notifications you do, or do not, receive through your device.
Modification and termination
LEM may at any time: (i) modify or discontinue any part of the LEM Website; or (ii) offer opportunities to some or all LEM Website users. LEM reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the LEM Website. Each time you use the LEM Website, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the bottom of these Terms & Conditions. Your continued use of the LEM Website will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the LEM Website will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
LEM reserves the right, without notice and in its sole discretion, to terminate your account or your use of the LEM Website and to block or prevent future access to and use of the LEM Website (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the LEM Website will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the LEM Website. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
User reviews, comments and submissions
If the LEM Website allows you to submit reviews, comments, and other communications, photos, videos, or any other content ("User Content") through or to the LEM Website, LEM welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions.
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and LEM assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to LEM a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to LEM the right, without any obligation, to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the LEM Website. Please note that visitors to the LEM Website may post content that is inaccurate, misleading, or deceptive. LEM neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. LEM will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of LEM.
Links to third parties
The LEM Website may contain links and interactive functionality interacting with third parties, including social media applications and product manufacturers' applications. LEM is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such application. Before enabling any sharing functions of the LEM Website to communicate with any such application or otherwise visiting any such application, LEM strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third party application. The links and interactive functionality for third party applications on the LEM Website do not constitute an endorsement by LEM of such third party application. Other applications may link to the LEM Website with or without our authorization, and we may block any links to or from the applications, in our sole discretion. YOUR USE OF THIRD PARTY APPLICATIONS AND RESOURCES IS AT YOUR OWN RISK.
Disclaimers of warranties
LEM cannot and does not represent or warrant that the LEM Website or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
The LEM website and all information, content, materials , products, services, and user content included on or otherwise made available to you through the LEM website (collectively, the "LEM website contents") are provided by LEM on an "as is," "as available" basis, without representations or warranties of any kind. LEM makes no representations or warranties of any kind, express or implied, as to the operation of the LEM website, the accuracy or completeness of the LEM website contents, or that emails sent from LEM are free of malware or other harmful components. you expressly agree that your use of the LEM website is at your sole risk. LEM will not be liable for any damages of any kind arising from the use of the LEM website or the LEM website contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise agreed by LEM in writing. to the full extent permitted by law, LEM disclaims any and all representations and warranties with respect to the LEM website and the LEM website contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.
If products are provided by third parties through the LEM website, those third parties may separately provide limited representations and/or warranties regarding their products. this disclaimer does not apply to such product representations or warranties, but any such representations or warranties are provided solely by such provider and not by LEM.
If nutrition, ingredient, allergen, and other product information is provided through the LEM website, LEM does not represent or warrant that such information is accurate or complete. On occasion manufacturers may modify their products and update their labels. We recommend that you do not rely solely on the information presented on our lem website and that you consult the product's label or contact the manufacturer directly if you have a specific dietary concern or question about a product.
Third party names, marks, products, advertisements, or services or pop-up texts or links to third party applications may appear on the LEM website. In no event will LEM be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use, or reliance on any advertisement displayed on the LEM website, any products, services, or other materials relating to any such advertisement, any linked third party application, or any link contained in a linked application. if you decide to link to any such third party application, you do so entirely at your own risk.
The LEM Website is controlled and operated by LEM from the United States, and is not intended to subject LEM to the laws or jurisdiction of any state, country or territory other than that of the United States. LEM does not represent or warrant that the LEM Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the LEM Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the LEM Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
If the lem website includes healthcare or nutritional information, that information is intended for educational purposes only. It is not intended as medical advice for individual conditions or treatment, it is not a substitute for a medical exam, and it does not replace the need for services provided by medical professionals.
We provide information through the LEM Website for your information and enjoyment. Your use of the LEM Website is strictly voluntary. Because some of the information in the LEM Website may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the LEM Website, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
You knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue LEM, its employees, agents, any related affiliate and/or subsidiary entities from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the information and materials offered by LEM through the LEM Website.
Limitation of liability
Under no circumstances shall lem or its employees, directors, officers, or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the lem website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if lem has been advised of or should have known of the possibility of such damages. Each provision of these terms & conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and lem. This allocation is an essential element of the basis of the bargain between you and lem. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s). If you are dissatisfied with the lem website, any content on the lem website, or these terms & conditions, your sole and exclusive remedy is to discontinue using the lem website. You acknowledge, by your use of the lem website, that your use of the lem website is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein.
Indemnification and defense
As a condition of the use of the LEM Website, you agree to defend, indemnify, and hold harmless LEM and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the LEM Website, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
Notices and electronic communications
In the case of notices LEM sends to you, you consent to receive notices and other communications by LEM posting notices on the LEM Website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that LEM provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the LEM Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Rules for promotions
Notice for California residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the LEM Website, please send an email to email@example.com. You may also contact us by writing to 25020 Doble Avenue, Harbor City, California 90710 or by calling us at (310) 539-0455 . California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Applicable law and disputes
You agree that all matters relating to your access to or use of the LEM website and all matters arising out of or related to these Terms & Conditions, including all disputes, will be governed by the laws of the state of California, United States of America, without regard to California choice of law principles.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and LEM with respect to the LEM Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the LEM Website. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about La Española Meats, INC or your use of the LEM Website, please contact us at firstname.lastname@example.org with a detailed description, and we will try to resolve it.
Harbor City, California 90710
La Española Meats, INC. © 2020