TERMS OF USE OF RIZO-LÓPEZ FOODS, INC. WEBSITES
EFFECTIVE DATE: July 1, 2022
Rizo-López Foods, Inc. (“Company”) offers its websites located at donfranciscocheese.com, rizolopez.com, rizobros.com, or tiofranciscocheese.com (the “Sites”) to allow you, its customer, to learn more about its products. Your use of these Sites is subject to these terms of use.
1. BINDING EFFECT
This is a binding agreement. By using the Sites or any services provided in connection with the Sites (the “Services”), you agree to abide by these Terms of Use, as they may be amended by Company from time to time in its sole discretion. Company will post a notice on the Sites any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Sites and cease all use of the Service and the Sites. BY USING THE SITES AND SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY
Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
3. TRADEMARKS
Company is the owner of numerous trademarks, logos, emblems and trade dress, all of which represent our vision to provide quality products. Company owns several trademarks that have been registered with the United States Patent and Trademark Office. These include TIO FRANCISCO™, DON FRANCISCO®, LA GUERITA®, RIZO-LOPEZ®, RIZO BROS®, SANTA ISABEL®, among others. You may refer to Company’s trademarks in a manner that is not misleading and clearly acknowledges Company’s ownership of the marks. By using Company’s Sites, you acknowledge our ownership of our marks and agree not to challenge our rights. You may not use any of Company’s marks or trade dress in any manner that would lead to confusion as to the source of the product or service, in any manner that would falsely suggest that Company is affiliated with, endorses, or sponsors any product or service, or in any manner that would disparage our marks and brands. Company’s Sites may include references to marks that belong to other parties. These marks are the property of their respective owners, which may or may not be affiliated or connected with us in some way. We do not authorize you to use any third-party’s marks.
4. COPYRIGHTS
As between you and Company, Company owns and reserves all right, title and interest in and to the Sites and the content therein. This includes the copyright in the software and code that allow you to operate the Sites and the copyright in all the content, including text, graphics and images. We hereby grant you a limited non-sublicensable revocable license to use our Sites for personal noncommercial use. You may not copy, distribute, perform or display publicly, prepare derivative works based from, or use our Sites except as expressly provided in these terms and conditions unless you receive our prior written permission. You may not use our Sites to collect data or account or other information. You may not reverse engineer any part of our Sites. We reserve the right to terminate your license to use the Sites if you do not comply with these terms and conditions.
5. ACCURACY OF INFORMATION
Company attempts to be as accurate as possible. However, Company does not warrant that all product descriptions, photographs, pricing or other information on the Sites is accurate, complete, current, or error-free. All weights and size dimensions are approximate. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Company makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time.
6. AFFILIATED SITES
Company has no control over, and no liability for any third-party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Sites. Because neither Company nor the Sites have control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Sites, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.
7. PROHIBITED USES
Company imposes certain restrictions on your permissible use of the Sites and the Services. You are prohibited from violating or attempting to violate any security features of the Sites or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with services to any user, host, or network, including, without limitation, by means of submitting a virus to the Sites or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Sites or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Sites or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
8. INDEMNITY
You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Sites, your violation of these Terms of Use, or your infringement, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
To the extent that Company believes that you have violated its intellectual property rights, Company or any of its affiliated entities may seek injunctive or other appropriate relief in any federal or state court located in California without having to submit that matter to mediation/arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.
9. COPYRIGHT
All contents of Sites or Services are: Copyright © 2022, Rizo-López Foods, Inc., 201 S. McClure Road, Modesto, CA 95357. All rights reserved.
10. NO WARRANTIES
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITES OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITES OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITED LIABILITY
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. GOVERNING LAW
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Stanislaus County, California, USA in all disputes arising out of or related to the use of the Sites or Service.
13. SEVERABILITY AND WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
14. NO LICENSE
Nothing contained on the Sites should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party except as provided herein.
15. CALIFORNIA USE ONLY
The Sites is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Sites should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
16. MODIFICATIONS
Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Sites and/or the Service; and (c) discontinue the Sites and/or Service at any time. Company shall post any revision to these Terms of Use to the Sites, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Sites periodically to be aware of any revisions. You agree that, by continuing to use or access the Sites following notice of any revision, you shall abide by any such revision.
17. ACKNOWLEDGEMENT
BY USING THE SERVICE OR ACCESSING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
18. CONTACT US
Company welcomes your communication regarding the Sites and the information, products and services made available through the Sites. Communication may be provided through our Sites, email or other means. By providing communication to us, you understand and acknowledge that (a) any communication you provide is the exclusive property of Company; (b) Company may use your communication in any lawful manner that Company deems appropriate without notice, permission or compensation; and (c) you assign to Company all worldwide rights, title, interest, copyrights and other intellectual property right in and to your communication. You should only provide communication that you wish Company to use accordingly.
You may contact Company at:
Rizo-López Foods, Inc.
201 S McClure Road
Modesto, CA 95357
info@rizolopez.com
Rizo-López Foods, Inc.
201 S McClure Road
Modesto, CA 95357
info@rizolopez.com