Posted August 1, 2019
Please read these terms carefully before using this Site. By accessing and browsing the Site or any other related Mi Abuelo website (including, without limitation, social media and mobile websites) or using any mobile application on which these terms reside (collectively the “Platform“), you agree, without limitation or qualification, to follow and be bound by the terms, conditions, policies and notices contained on this page (the “Terms“) including, but not limited to, conducting this transaction electronically, disclaimer of warranties, damage and remedy exclusions and limitations, binding arbitration, and a choice of New Mexico, USA law. If you do not so agree, please abstain from using this Platform.
Mi Abuelo may at any time, and from time to time revise these Terms by updating this posting. By using this Platform you are agreeing to be bound by any such revisions. You should visit this Platform periodically to determine the then current Terms.
Mi Abuelo shall have the right to terminate the Platform or any products or services offered through the Platform, or any individual’s right to access or use any portion of or product or service offered through the Platform, at any time and without prior notice.
A. Ownership Rights. All content included on the Platform, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Mi Abuelo or otherwise licensed to Mi Abuelo for use on the Platform, (Hatch Chile and New Mexico Certified and New Mexico Grown With Tradition registered marks and are protected by national and international copyright laws. The compilation of the Platform is the exclusive property of Mi Abuelo and is protected by national and international copyright laws. Any unauthorized use of any content or materials on the Platform is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any other usage of the materials and content on the Platform can only be done with the express prior written permission of Mi Abuelo.
All trademarks, logos, service marks and trade names are proprietary to Mi Abuelo, its affiliates or other respective owners that have granted the Platform the right and license to use such intellectual property. You may not copy or use any trademarks, logos, service marks or trade names, in part or in whole, found on the Platform without the express prior written permission of Mi Abuelo.
B. Use Restrictions. This Platform is for personal and/or commercial use, and no material from this Platform may be copied, reproduced, distributed, republished, downloaded, posted, displayed or transmitted in any manner or for any other use without the written consent of Mi Abuelo. In no event may you modify the materials or use them for any other purpose.
We grant you a limited license to make personal and/or commercial use only of the Platform. Such grant does not include, without limitation: (a) any resale or commercial use of the Platform or any of the contents of the Platform; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form of any of the contents of the Platform, including use of or directly viewing the underlying HTML or other code from the Platform except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of the Platform in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Platform and any of the contents of the Platform; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Platform or to collect any information from the Platform or any other user of the Platform. For the avoidance of doubt, Mi Abuelo retains complete title to the downloaded information and to all of the associated intellectual property rights.
You are prohibited from posting to or transmitting from this Platform any material that is unlawful or could cause any civil or criminal liability under applicable law.
C. Information Submitted To Mi Abuelo. Mi Abuelo is pleased to receive your comments regarding our products and via online Platforms. Any transmission made by you to Mi Abuelo will become the property of Mi Abuelo, inclusive of recommendations, recipes, testimonials, etc.
D. Hyperlinks. Mi Abuelo may, from time to time, provide links to other websites from this Platform. Mi Abuelo does not endorse or approve any products or information offered at the sites that are linked through this Platform. Check the Uniform Resource Locater (“URL“) address provided in your browser to see whether you are still on this Platform or have moved to another.
E. Disclaimer of Warranties and Limitation of Liability. MI ABUELOUSES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE CONTENT, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT’S ACCURACY, CORRECTNESS OR RELIABILITY. THIS PLATFORM AND ITS CONTENT ARE PROVIDED “AS IS” AND MI ABUELO EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS PLATFORM IS NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.
THERE MAY BE LINKS TO OTHER WEBSITES FROM MI ABUELO’S PLATFORM; HOWEVER, THESE OTHER WEBSITES ARE NOT CONTROLLED BY MI ABUELO ND WE ARE NOT RESPONSIBLE FOR ANY CONTENT CONTAINED ON ANY SUCH WEBSITE OR ANY LOSS SUFFERED BY YOU IN RELATION TO YOUR USE OF SUCH WEBSITES. YOU WAIVE ANY AND ALL CLAIMS AGAINST GRUMA REGARDING THE INCLUSION OF LINKS TO OUTSIDE WEBSITES OR YOUR USE OF THOSE WEBSITES.
SOME FOREIGN COUNTRIES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES. THEREFORE, SOME OR ALL OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED OR SUPERSEDED BY STATE OR NATIONAL PROVISIONS.
F. Postings. From time to time on certain areas of our Platform you may be able to submit written posts and certain other materials (“User Content“). Mi Abuelo is under no obligation to monitor any posting or transmission of User Content to or about the Platform and assumes no responsibility or liability arising from the content of any such posting or transmission nor for any error, defamation, libel, slander, omission, falsehood, profanity, danger, or inaccuracy contained therein or related thereto. By using the Platform’s features, or any Mi Abuelo Social Media Platform’s you agree that you will not engage in any of the following activities on the Platform:
- Uploading, posting or otherwise transmitting any unlawful, harassing, threatening, libelous, defamatory, harmful, tortious, obscene, scandalous, inflammatory, racist, violent, profane or otherwise objectionable or inappropriate material (as determined by Mi Abuelo) or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- Uploading, posting, reproducing or distributing any information, software, or other materials protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
- Collecting or storing personal data about other users;
- Posting any User Content that contains personal information about any individual, or any other information that you are under a contractual obligation to keep private or confidential;
- Using the Platform for any commercial purpose not expressly approved by Mi Abuelo in writing;
- Impersonating any person or organization, including without limitation, the personnel of Mi Abuelo, or misrepresent an affiliation with another person or organization;
- Uploading, posting, emailing, or otherwise transmitting any advertising or promotional materials or any other form of solicitation or unauthorized communication;
- Uploading, posting, emailing, or otherwise transmitting any material that contains viruses, corrupted files, or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment, or otherwise adversely affect the operation of the Platform or a feature of the Platform.
Mi Abuelo does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases, recipes or other marketing materials, or include links to any sites which contain or suggest an endorsement by Mi Abuelo without the prior review and written approval of Mi Abuelo.
Mi Abuelo will fully cooperate with any law enforcement authorities or court order requesting or directing Mi Abuelo to disclose the identity of anyone posting any such information or materials.
By displaying, publishing, or otherwise posting any User Content on or through the Platform or Mi Abuelo’s Social Media Platforms, you hereby grant to Mi Abuelo a non-exclusive, sub-licensable, worldwide, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
G. Indemnification. You agree to defend, indemnify, and hold harmless Mi Abuelo, its affiliates, subsidiaries and related entities and their respective directors, officers, employees, ad agencies and other agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs, arising out of or relating to your breach of the Platform’s Terms or your access to or use of the Platform. The foregoing indemnification obligation shall survive termination of these Platform’s terms and conditions and the Platform and any product or service provided to you arising out of or relating to your use of the Platform.
H. Other Provisions. The Platform’s Terms constitute the entire agreement between you and Mi Abuelo with respect to the subject matter hereof, and supersede all previous written or oral agreements with respect to such subject matter. No waiver by Mi Abuelo of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of the Platform Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Platform Terms and shall not affect the validity and enforceability of any other provisions of the Platform Terms. Mi Abuelo shall not be liable for any nonperformance or delay in performance caused by any act or condition beyond its reasonable control.
I. Termination. You may terminate this agreement at any time by destroying all material obtained from this Platform, together with all documentation related thereto and all copies thereof whether or not made pursuant to this agreement. If Mi Abuelo determines in its sole discretion that you have failed to comply with any provision of this agreement, then, without further notice from Mi Abuelo, the agreement will terminate immediately and you must destroy all materials obtained from this Platform and all Social Media Platforms, together with all documentation related thereto and all copies thereof whether or not made pursuant to this agreement. In addition, your license to use the recipes will end and continued copying of the recipes is prohibited.
J. Governing Law. This Platform is controlled and operated by Mi Abuelo (or its assignees). Mi Abuelo corporate offices are located within the state of New Mexico, United States of America. All claims relating to this Platform, the materials contained in it and their use will be governed by and construed in accordance with the laws of the State of New Mexico and of the United States of America, as appropriate. Mi Abuelo makes no representation that materials in the Platform or Social Media Platforms are appropriate or available for use in other locations. Those who choose to access this Platform from other locations do so on their own initiative and are responsible for compliance with local laws.
K. Binding Arbitration. You agree that any controversy or claim arising out of or relating to the Platform, use of the Platform, or related Social Media Platforms, these Terms shall be settled by binding arbitration administered by an independent arbitrator pursuant to its then prevailing Arbitration Rules and Procedures in a New Mexico location determined by the arbitrator (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, and that judgment on the award may be entered in any court having jurisdiction. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply New Mexico law, consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the arbitrator, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Mi Abuelo shall be entitled to arbitrate their dispute.
IT IS AGREED BY THE PARTIES THAT NEITHER WILL PURSUE REPRESENTATIVE CLASS OR COLLECTIVE CLAIMS ON BEHALF OF OTHER PERSONS. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO HEAR OR ISSUE ANY AWARD CONCERNING THE CLAIMS OF A CLASS OR COLLECTIVE ACTION OR TO CONSOLIDATE THE CLAIMS OF MORE THAN ONE INDIVIDUAL INTO A SINGLE ARBITRATION PROCEEDING. THE ARBITRATOR HAS ONLY THE AUTHORITY TO RESOLVE THE CLAIMS OF AND AWARD RELIEF TO AN INDIVIDUAL PERSON OR ENTITY.
Mi Abuelo may at any time and from time to time revise this Policy by updating this posting. By using this Platform or Social Media Platforms connecter to this Site you are agreeing to be bound by any such revisions. You should visit this Platform periodically to determine the then current terms.
A. Types of Information Collected. Mi Abuelo may collect several types of information from and about users of our Platform, including information:
• Contact Information. We collect information by which you may be personally identified, such as name, street address, email address, and telephone number (” Personal Information“);
• Information you submit or post. We collect information you post in a public space on our websites.
• Demographic information. We may collect information like your gender and age. We may collect your zip code (for example, to help you find a store that sells our products).
• Other information. If you navigate through our Site, we may automatically collect information, such as the browser you’re using, usage details, IP addresses, and information collected through cookies. We might look at what site you came from, or what site you visit when you leave us. In a mobile environment, we might collect your location.
• Job application information. If you apply for a job, we collect information about you, your prior education and work history and your skills and qualifications for the position. We may ask about your salary expectations, how you learned of the position and your driving record or other information about your ability to perform the position. We may also collect the last four digits of your social security number and your immigration status.
B. How We Collect Information. We collect Personal Information directly from you with your knowledge. For instance, when you sign up to maintain a recipe box, obtain a newsletter, enter a promotion, or fill out an online or instore survey, we will ask for your Personal Information such as your email address.
- To recognize new or past visitors and customers.
- To store your password if ever requested to registered on our Site.
- To improve our Site.
- To serve you with content in which we think you will be interested. To do so, we may observe your behaviors on the Site and other websites. We may also collect information about your browsing history.
- To better understand the interests of our customers and our Site visitors.
D. How We Use Your Personal Information. Mi Abuelo will use the information you have provided to respond to your comments and questions, to notify you if you win a contest or sweepstakes or complete a purchase. We will also use your information to provide you with any service you may have requested. For example, if you provided an email address in order to create a recipe box, Mi Abuelo will use your email address to identify the recipes you have selected to include in your recipe box. If you specifically agree to receive email newsletters or other notifications from Mi Abuelo, we may contact you from time to time. For example, we may send you occasional newsletters or marketing or promotional materials. We may also respond to your comments or requests for information. We will not send you information if you inform us you do not wish to receive such materials.
Mi Abuelo uses the Personal Information it gathers as otherwise permitted by law.
E. Sharing Information. Mi Abuelo does not sell our user’s e-mail addresses. However, unless otherwise specified, we may share Personal Information within Mi Abuelo, such as with our subsidiaries and affiliates in the United States. We also allow access to our database by third parties that provide us with services, such as technical maintenance, forum software, or statistical or marketing analysis, but only for the purpose of and to the extent necessary to provide those services. In the event that Mi Abuelo should decide to sell any assets which may include this Platform, they may sell the information provided to Mi Abuelo by users of the Platform along with the sale of the Platform.
Mi Abuelo may use personal information to improve its marketing and promotional efforts; to statistically analyze website usage; and to improve the features and content of the Platform. We may also use the information to deliver content that is customized to your interests as we understand them based upon the information you provided to us and your activities on the Platform. We may combine non-personal information collected automatically with your Personal Information. Your information will be used by us and/or by them as described in this Policy.
F. Legal Disclaimer. Mi Abuelo reserves the right to disclose your Personal Information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on the Platform. For example, Mi Abuelo will provide Personal Information to third parties if Mi Abuelo believes, in good faith, that it is necessary to prevent a crime or an injury to Mi Abuelo or third parties. Mi Abuelo will also share Personal Information to respond to a court order or subpoena, or if a government agency or investigatory body requests it.
G. Not Intended For Children. Our Site and Platform are not intended for children under 13 years of age. No one under 13 may provide any Personal Information to or on the Platform. Mi Abuelo does not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on the Platform. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.
H. Data Security. Mi Abuelo uses standard security measures as provided by GoDaddy that are designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. We keep Personal Information as long as it is necessary or relevant for the practices described in this Policy. We also keep information as otherwise required by law.
The safety and security of your information also depends on you. The Internet is not 100% secure. We cannot promise that your use of our Platform will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords.
K. Contact Information. To ask questions or comment about this Policy and our privacy practices, contact us through the Contact Section in our Site.