Welcome to the churrostix.com Web site (the “Site”), provided by Churro Stix, LLC (“we” or us). This Agreement contains the terms and conditions upon which you (“you” or “the user”) may access and use the valuable information and services available through the Site. We may modify this Agreement at any time, and such modification will be effective 30 days after either posting of the modified Agreement or notification to you. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
The materials (“Materials”) contained in the Site are provided by Churro Stix and may be used for informational purposes only. By downloading any of the Materials contained in any of Churro Stix’s sites, you agree to the terms and provisions as outlined in this legal notice. If you do not agree to them, do not use this site or download Materials.
THE CONTENTS OF THIS SITE, INCLUDING ITS “LOOK AND FEEL” (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS) AND OTHER MATERIAL, ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, TRADEMARK, AND OTHER LAWS. These contents belong or are licensed to CHURRO STIX and we hereby grant you the right to view and use this Site subject to the terms and conditions of this Agreement. You may download and/or print a copy of the information provided in this Site for your internal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You may contact us at the address indicated at the end of this Agreement. In any event, you agree not to modify, amend, reduce the size of or in any way obliterate any warnings, liability limitations, disclosures or notices (including any copyright or trademark notice) associated with the information.
In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of this Agreement.
WE DO NOT AUTHORIZE OTHER WEB SITES TO LINK TO THIS SITE WITHOUT OUR PRIOR PERMISSION. Please contact us at the address indicated at the end of this Agreement should you wish to effect such a link.
“Churro Stix” and its logo are trademarks of CHURRO STIX, registered in the U.S. and other countries.
Other product or service names or logos referenced in the Site are either trademarks or registered trademarks of CHURRO STIX. The absence of a product or service name or logo from this list does not constitute a waiver of CHURRO STIX’s trademark or other intellectual property rights concerning that name or logo. All other products and company names mentioned in the Site may be trademarks of their respective owners.
3. Unsolicited Idea Submission Policy.
CHURRO STIX or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when CHURRO STIX’s products or marketing strategies might seem similar to ideas submitted to CHURRO STIX. So, please do not send your unsolicited ideas to CHURRO STIX or anyone at CHURRO STIX. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.
You agree that: (1) your ideas will automatically become the property of CHURRO STIX, without compensation to you, and (2) CHURRO STIX can use the ideas for any purpose and in any way, even give them to others.
CHURRO STIX does, however, welcome your feedback regarding many areas of CHURRO STIX’s existing business. If you want to send us your feedback, and we hope that you do, simply use our Contact Us page. Please provide only specific feedback on CHURRO STIX’s existing products or marketing strategies (do not include any ideas that CHURRO STIX policy will not permit it to accept or consider). It’s just one more way that CHURRO STIX can learn how to best satisfy your needs.
5. Your Conduct.
(a) Notwithstanding anything to the contrary in this Agreement, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engines and search agents available from CHURRO STIX on this Site and other than generally available third-party web browsers (such as Netscape Communicator or Microsoft Explorer) is prohibited.
(b) You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site.
6. Warranty Disclaimer.
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS.” YOU EXPRESSLY ACKNOWLEDGE THAT YOUR ACCESS OR USE OF THE INFORMATION IS AT YOUR SOLE RISK. THE INFORMATION ON THIS SITE MAY BE COMPILED FROM VARIOUS THIRD-PARTY CONTENT PROVIDERS (“PROVIDERS”). CHURRO STIX AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. WE AND OUR PROVIDERS DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF INFORMATION MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. WE AND OUR PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE ACCESS TO THE SITE. ALTHOUGH WE OR OUR PROVIDERS MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
7. Waiver, Release and Limitation of Liability.
YOU AGREE THAT NEITHER CHURRO STIX, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY ARISING OUT OF OR RELATING TO USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CHURRO STIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF CHURRO STIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) FOR LOSSES OR DAMAGES YOU SUSTAIN ARISING OUT OF OR RELATING TO USE OF THE SITE.
8. Survivability of Limitation of Liability.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, THESE LIMITATIONS MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTY IS HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF CHURRO STIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN NO EVENT SHALL CHURRO STIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF OR RELATING TO USE OF THE SYSTEM ARE HEREBY EXCLUDED EVEN IF CHURRO STIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Disclaimer of Liability for Service Interruption.
NEITHER CHURRO STIX, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY PROVIDER OR THIRD-PARTY VENDOR WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SYSTEM, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SYSTEM OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SYSTEM OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CHURRO STIX OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT.
10. Third Party Rights.
The provisions of paragraphs 7, 8 and 9 apply for the benefit of CHURRO STIX and its officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
11. Right To Terminate.
CHURRO STIX shall have the right to terminate your ability to use or access the Site at any time without notice to you.
(a) You agree that no joint venture, partnership, employment, or agency relationship exists between CHURRO STIX and you as a result of this Agreement or your use of the Site.
(b) Any cause of action or claim you may have with respect to CHURRO STIX must be commenced within one (1) year after the claim or cause of action arises.
(c) CHURRO STIX’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(d) CHURRO STIX may assign its rights and duties under this Agreement to any party at any time without notice to you.
13. Governing Law and Forum.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its provisions relating to conflicts of law. You agree that any legal action or proceeding between CHURRO STIX and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Los Angeles, California, United States of America. In light of the nature of this Agreement, you understand and agree that money damages may be insufficient to rectify breach and that, consequently, CHURRO STIX will be entitled to seek preliminary and equitable relief upon a breach of the Agreement by you.
14. Entire Agreement.
This Agreement comprises the full and final understanding between you and CHURRO STIX and merges and supersedes any and all other agreements, understandings or representations, written or oral, with respect to the subject matter hereof. The Agreement may not be modified except by a writing (in paper or electronic form) signed by you and by an authorized representative of CHURRO STIX, and referring specifically to this Agreement. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
16. Notice to You.
CHURRO STIX may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first-class U.S. mail to your address on record with CHURRO STIX as part of your registration information.
17. Contacting Us.
To contact us with any questions or concerns in connection with this Agreement, or to provide any notices under this Agreement, please go to Contact Us.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to CHURRO STIX’s Copyright Agent listed below.
For your notice to be effective, it must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.