La Preferida®                                         TERMS OF USE

La Preferida, Inc. (“La Preferida” or “We”) is committed to providing informative and useful content to users who interact with us on our website, social media sites and any other digital services (“Site” or “Sites”).  You agree to comply with and be bound by these Terms of Use.  Please read the Terms of Use and our Privacy Policy.  If you do not agree to comply with the Terms of Use and the Privacy Policy, you are requested to immediately cease use of the Sites.  By using a Site, you agree to the Terms of Use.

  1. Use of the Sites.  You have a personal, limited, revocable license to review the materials on the Sites.  You may use the Sites and the La Preferida Content for your noncommercial personal use and for no other purpose.  We reserve the right to bar, restrict or suspend any user’s access to the Sites, and/or to terminate this license at any time for any reason.  We retain complete title to the Sites and the proprietary material on the Sites.  You are not allowed to modify, translate, or alter any proprietary material, proprietary notices or labels on the Sites.  You may not use the Sites for any unauthorized or illegal purpose including (i) any activity to obtain or attempt to obtain unauthorized access to the Sites, including our content; (ii) interfere with the proper working of the Sites including the transmission of any virus or other malicious materials or instruction; or (iii) interfere with any other person’s use and enjoyment of the Sites.
  2. Privacy Policy.  Our Privacy Policy is incorporated herein by reference.  Please read the Privacy Policy which is available on our website.  By using a Site, you accept the terms and practices described in the Privacy Policy.
  3. Click-Through Agreements.  Before using certain areas of a Site, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that acknowledge your consent or acceptance of a Click-Through Agreement.  To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
  4. User Obligations.  You agree that (a) you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Sites; (b) you will not interfere with the use and enjoyment of the Sites by other users or with La Preferida’s operation and management of the Sites; and (c) respect others in connection with the use of the Sites.  You will, at all times, provide true, current, and complete information when submitting information or materials on the Sites.

You also agree that you will not use our Sites to:

(a)        upload, download, post, e-mail, transmit or otherwise make available any content, including through any attachments thereto, that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to make available; (iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(b)        upload, download, post, e-mail, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and

(c)        transmit in any way, including through any attachments thereto, any material that contains software viruses, malware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

  1. Proprietary Rights.  The content of the Sites may include, without limitation, (i) our trademarks, logos, brand names, trade names, trade dress and other distinctive identification; and (ii) information, data, materials, products, services, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (collectively “La Preferida Content”).
  2. Treatment of Material Submitted To Us.  All suggestions, ideas, or other recommendations that you communicate to us through a Site in any format becomes and remains our property, even if this agreement is later terminated.  We don’t agree to treat any such submission as confidential.  You agree not to sue us concerning any such submission.
  3. Warranties Disclaimer.  THE SITES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LA PREFERIDA, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES AND ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, OR PROMOTIONS PARTNERS (COLLECTIVELY “LA PREFERIDA PARTIES”) DO NOT PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITES OR THE LA PREFERIDA CONTENT ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; (iv) OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (v) THAT SUCCESSFUL RESULTS WILL OCCUR FROM FOLLOWING INSTRUCTIONS, RECIPES, OR DIRECTIONS.  ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
  4. Exclusion Of and Limitation Of Liability.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE LA PREFERIDA PARTIES SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING OUT OF THE FOLLOWING (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR ANY LA PREFERIDA CONTENT OR ANY INTERRUPTION IN THE AVAILABILITY OF THE SITES; (ii) ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iii) THE PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY PROBLEMS WITH THE GOODS OR CONTENT PURCHASED OR OBTAINED FROM THE SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (vi) THE USE OF, REFERENCE TO, OR RELIANCE ON, THE LA PREFERIDA CONTENT; (vii) ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITES; (viii) ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (ix) ANY OTHER MATTER RELATING TO THE SITES OR THE LA PREFERIDA CONTENT.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SITES AND/OR THE LA PREFERIDA CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.  YOU AGREE THAT LA PREFERIDA HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

  1. Exclusions Permitted By Law.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE LA PREFERIDA PARTIES’ LIABILITY BE WILL LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  2. Term and Termination.  These Terms of Use will take effect at the time you begin using a Site.  La Preferida reserves the right, with or without notice, at any time and for any reason to deny you access to the Site(s) or to any portion thereof, and to terminate these Terms of Use.  These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein.  You may cease or be suspended from use of the Sites, but all applicable provisions of these Terms of Use will survive such termination.  Upon termination, you agree to destroy all copies of any portion of the Sites, including any La Preferida Content, in your possession.
  3. Arbitration; Venue.  You and La Preferida agree to arbitrate any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use or the use of any Site.  The Claim or the use of the Site(s) shall be resolved by a single impartial arbitrator pursuant to proceedings administered by JAMS under its rules for resolution of commercial disputes.  Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class.  The arbitration shall be held in Chicago, Illinois.  All submissions to the arbitrator, the proceedings and the award shall be confidential.  The arbitration shall be conducted on an expedited basis with limited discovery.  The arbitrator’s award shall be final and binding.  If either party intends to arbitrate, the party seeking arbitration must first notify the other party of the dispute in writing at least thirty (30) days in advance of initiating the arbitration.  Notice to you will be your e-mail address and street address, if any, that La Preferida has in its records at the time the notice is sent.  The notice must describe the nature of the claim and the relief being sought.  If we are unable to resolve the dispute within thirty (30) days, either party may then proceed to file a claim for arbitration.  The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use.  You agree to submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.  YOU AND LA PREFERIDA IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE(S).

 

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis.  No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.  Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court of the Northern District of Illinois or any State court located in Cook County, Illinois.

  1. Contact Information.  If you have any questions or concerns regarding these Terms of Use the content of the Sites, or claims concerning intellectual property matters or any other matter concerning the Sites, please contact: La Preferida, Inc., Digital Content Specialist by any of the following ways: E-mail: info@lapreferida.com; Phone: (773) 254-7200; U.S. Mail: La Preferida, Inc. 3400 W. 35th Street, Chicago, IL  60632.
  2. Statute of Limitations.  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
  3. Use of Websites and Content Outside of the United States.  La Preferida operates its Sites from Chicago, Illinois in the United States of America.  We in no way imply that the content on the Sites is appropriate or available for use outside the United States and Canada.  If you use or access the Sites or the La Preferida Content outside of the United States or Canada, you are responsible for compliance with any applicable laws and regulations of your jurisdiction as well as these Terms of Use.
  4. Other Social Media Sites.  We are not responsible for the content on other social media sites such as Facebook, Twitter, LinkedIn, and other sites.  The social media profiles, content in those other sites and any links to other internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein.  We are not responsible for content or links posted by others.
  5. User Generated Content.  We welcome your views, comments, other communications, and pictures on our Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User Content”).  By contributing User Content to any of the Sites, users understand that this information is available to the public and grant La Preferida a nonexclusive license to display, reproduce, transmit, and fairly modify such User Content and that La Preferida may use the User Content for marketing purposes.  You are solely responsible for the User Content you submit.  La Preferida does not approve, endorse, or adopt any User Content, and La Preferida assumes no liability for any User Content.  Users who do not wish to have information they have made available on these Sites used, published, copied and/or reprinted, should not post on the Sites.

La Preferida retains the right to remove any content for any reason, including but not limited to, content that it considers threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, or otherwise injurious or illegal.  La Preferida also has the right to block a user from posting on the Sites without notice for a pattern of inappropriate postings or as it deems appropriate.

You acknowledge, consent and agree that La Preferida may access, preserve and disclose your account information and the User Content you have posted if required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary in its sole opinion to: (a) comply with legal process and respond to claims and complaints; (b) enforce the Terms of Use: (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or safety of La Preferida, the users of the Sites, and the public.

 

  1. Miscellaneous.

(a)        Governing Law.  These Terms of Use and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of Illinois, without regard to the conflict of law principles.  Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded.

(b)        Complete Agreement.  These Terms of Use, together with any revisions, and any Click-Through Agreement, constitutes the entire agreement between you and La Preferida concerning the Sites, their use by you, and supersedes any previous written or oral communication regarding such matters.

(c)        Waiver; Severability.  The failure of La Preferida to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.  If any provision (or part thereof) of these Terms of Use is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable, you nevertheless agree to give effect to the intentions as reflected in the provision, and all other provisions of the Terms of Use shall remain in full force and effect.

(d)        Amendment.  These Terms of Use are subject to amendment or modification by La Preferida at any time.  You may stop using the Sites at any time, but your continued use of a Site after the effective date of any modifications to the Terms of Use means you agree to the Terms of Use as modified.

 

 

Effective Date: June 15, 2018