Terms of Use

Catallia Mexican Foods, LLC Terms of Use

Last Updated: June 12, 2012

Acceptance of Terms of Service and Privacy Policy

In consideration for accessing and using www.Catallia.com (the “Site”) and the Site’s services, you accept and agree to be bound by the terms and provisions of these Terms of Use (“TOU”) and the Privacy Policy. These terms apply to and govern your use of all webpages and content contained within the Site.

Modifications to terms of service and privacy policy

You understand that the terms of the TOU and Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services. Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOU and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first. If you disagree with any modification to the TOU or Privacy Policy, you must notify Catallia in writing within the ten day (10) time period described above and immediately discontinue any Site services.

Adult usage only

This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.

Secured areas

Some portions of the Site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

Accuracy of information provided by you

You agree that all information you provide to Catallia is true, current, complete and accurate.

Code of conduct

You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in the TOU and Privacy Policy. You agree to not use Site services or anything related to the services offered by Catallia for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content. Additional prohibited uses include:

You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of Site services. You further agree that to the extent you are using the Site for the purposes related to Catallia and that will adhere to all applicable State and Federal laws and regulations.

Your authority

You agree that you are of legal age and authority to enter into and be bound by the terms of the TOU and Privacy Policy.

Maintenance/site down time

Catallia reserves the right to perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Catallia is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Catallia’s control.

Intellectual property rights

You agree that Catallia holds all right, title and interest to all services, its websites any information and technology used to provide the Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such services.

All content including but not limited to text, graphics, downloads and software included on this site is the property of Catallia or its licensors and protected by United States and international copyright laws.

You also grant Catallia a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit or provide to Catallia. Such information will be used solely by Catallia in conjunction with marketing the Site and its services.

Disclaimer of warranties

CATALLIA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF CATALLIA, CATALLIA DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. CATALLIA DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF CATALLIA, CATALLIA PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, CATALLIA, OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH CATALLIA.

CATALLIA DOES NOT WARRANTY OR GUARANTEE ANY OF ITS USERS COMPLIANCE WITH LAW, INCLUDING BUT NOT LIMITED TO EMPLOYMENT LAWS. USERS WHO USE THIS SITE IN CONJUNCTION WITH AN EMPLOYMENT APPLICATION DO SO AT THEIR OWN RISK. CATALLIA IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.

Assumption of risk

When you access the Site, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss or corruption of data.

Customer support

Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Catallia provides email support for Site customers. Support can be reached by sending an email to: support@catallia.com. Catallia attempts to respond to customer inquiries within 48 hours.

Indemnification

As a user of this Site, you agree to release, indemnify, defend and hold harmless Catallia and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under violations of your TOU or the Privacy Policy, your submissions to the Site, the services provided by Catallia to you, your use of any services of the Site or provided by Catallia, or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law. This indemnification obligation is in addition to any other rights or remedies Catallia may have in law or equity.

You agree that Catallia shall have the right to participate in the defense of any claim asserted against Catallia. You also agree that Catallia shall be entitled to retain a counsel of Catallia’s own choosing at your cost. You further agree to notify Catallia of your knowledge of any claim against Catallia. You agree to cooperate fully with Catallia during such proceedings.

Right to refuse service

Catallia, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity.

Consent and survival of agreement

By using the services provided by Catallia under this TOU and Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of this TOU and the Privacy Policy. You also agree to be bound by all amended terms and conditions of this TOU and the Privacy Policy. These terms of this TOU and Privacy Policy, and your obligations under these agreements, continue to apply to you even if you are no longer using the services.

Reports of abuse

If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating the TOU or privacy policy, you may inform Catallia in writing about the facts and circumstances of the alleged abuse/violations by writing to: Catallia, Customer Service, P.O.Box 2052, Inver Grove Heights, MN 55076. Catallia may, but is not obligated, to conduct an investigation into the allegations. Catallia reserves the right to remove accounts, content, or postings that Catallia, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

Notices and communication

You authorize Catallia and its sponsors and affiliates to communicate with you to the full extent allowed by Catallia’s Privacy Policy.

Choice of law, jurisdiction and venue

The terms and conditions of this TOU and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Minnesota, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if the Agreement was a contract wholly entered into and wholly performed within Minnesota. You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of this TOU, the Privacy Policy, or related to Site services provided by Catallia to you shall be brought and maintained exclusively in the state or Federal courts located in Hennepin County, Minnesota. Similarly, you agree and irrevocably submit to the jurisdiction of the State or Federal courts located in Hennepin County, Minnesota for the purpose of any such litigation as set forth above. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.

Waiver of jury trial

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS TOU, THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.

No third party beneficiaries

Except as expressly provided herein, nothing in this TOU is intended to confer upon any third party any rights, remedies, obligations, or liabilities.

Successors and assigns

Except as otherwise expressly provided herein, this TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Non-waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Catallia in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Catallia’s election to not assert its rights under this TOU shall not preclude Catallia from asserting its rights in the future.

Severability of terms

If any provision of this TOU or Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in this TOU, which is held illegal, unenforceable, or invalid would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

Attorneys fees

If Catallia prevails in any action, suit, or proceeding arising from or based upon this TOU, Catallia shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

Headings

The headings in this TOU are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

California residents only

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Legal advice

CATALLIA DOES NOT OFFER LEGAL ADVICE OR SERVICES TO USERS. USERS OF THE SITE SERVICES ARE ENCOURAGED TO OBTAIN THEIR OWN COUNSEL REGARDING THEIR RIGHTS AND RESPONSIBILITIES UNDER THIS TOU AND ANY AGREEMENT ENTERED INTO WITH ANY THIRD PARTY. FURTHER, CATALLIA DOES NOT PROVIDE ANY LEGAL ADVICE OR WARRANTIES REGARDING THE LEGALITY OF THE TERMS AND CONDITIONS CONTAINED WITHIN AGREEMENTS BETWEEN USERS OF THIS SITE.

CUSTOMER SERVICE, CATALLIA MEXICAN FOODS, LLC, P. O. BOX 2052, INVER GROVE HEIGHTS, MN 55076.

Questions? Please email us.