Empanada Kitchen’s Internet Site Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.

RESTRICTIONS ON USE


Material from www.EmpanadaKitchen.com and any other World Wide Web site owned, operated, licensed, or controlled by Empanada Kitchen, LLC or any of its related, affiliated, or subsidiary companies (together, "Empanada Kitchen's") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Empanada Kitchen EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Empanada Kitchen intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by Empanada Kitchen. Neither title nor intellectual property rights are transferred to you, but remain with Empanada Kitchen, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

RESTRICTION OF LIABILITY

Empanada Kitchen will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Empanada Kitchen will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Empanada Kitchen or an authorized Empanada Kitchen representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Empanada Kitchen total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.

Site Submission Rules

All remarks, suggestions, ideas, graphics, or other information communicated to Empanada Kitchen through this site (together, the "Submission") will forever be the property of Empanada Kitchen. Empanada Kitchen will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Empanada Kitchen operations. Without limitation, Empanada Kitchen will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Empanada Kitchen will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Empanada Kitchen or to other entities who are not involved in the operation of this site. Information submitted via a number of areas in this site, for instance, Contact Us, is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Empanada Kitchen have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

This site and any communications service, including the capability to contribute material through the contribution form (each such submission, a "Contribution"), chat room, message board, forum, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the "Services") are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, EMPANADA KITCHEN, LLC, reserves the right to terminate your subscription and refuse any and all current or future use of the Services.

In addition, by using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies; 
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • stalks another person in anyway;
  • harm minors in anyway;
  • infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  • act in a manner that negatively affects other users' ability to engage in the Web Site or Services;
  • engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
  • Intentionally or unintentionally violate any applicable local, state, national or internationals; or
  • impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.


You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.

You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.

This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.


UNSOLICITED MATERIALS

In operating this site, EMPANADA KITCHEN does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or EMPANADA KITCHEN mail and e-mail addresses, or in any other way. Any information or material submitted or sent to EMPANADA KITCHEN, will be deemed not to be confidential or secret. By submitting or sending information or other material to EMPANADA KITCHEN you represent and warrant that the information is original to you and that no other party has any rights to the material.

You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees.  In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure. 

 

This site reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.

 

JURISDICTION

Except as described otherwise, all materials in the Empanada Kitchen site are made available only to provide information about Empanada Kitchen. Empanada Kitchen controls and operates this site from its headquarters in Grand Rapids, Michigan, United States of America and makes no representation that these materials are appropriate or available for use in other locations. Because each of these places has laws that may differ from Michigan’s law, by accessing this site, both you and the Company agree that the statues and laws of State of Michigan, United States of America, shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Kent County, Grand Rapids, Michigan and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of ) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.


DISCLAIMER

The material in this site could include technical inaccuracies or typographical errors. Empanada Kitchen may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. EMPANADA KITCHEN DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMPANADA KITCHEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMPANADA KITCHEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EMPANADA KITCHEN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

This website contains downloadable materials as well as links to external sites. Empanada Kitchen Corporation is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that Empanada Kitchen Corporation cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

Empanada Kitchen is an equal opportunity employer committed to a diverse workforce.  To be considered for a posted job opportunity, you must submit an application. Applications are active for 90 days, after which you must reapply.

TERMINATION

Empanada Kitchen or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Empanada Kitchen sites, and (b) all related documentation and all copies and installations (together, the "Materials"). Empanada Kitchen may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Michigan, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Empanada Kitchen can revise these Terms and Conditions at any time by updating this posting. Empanada Kitchen products and services are available in many parts of the world. However, the Empanada Kitchen site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Empanada Kitchen. Empanada Kitchen is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Empanada Kitchen of the sites.

TRADEMARK INFORMATION

The following trademarks used herein are owned by the Empanada Kitchen Corporation and its affiliates: A Better Choice, Empanada Bouquet, Empanada In-A-Box, Empanada World, Empanada Kitchen, Empanada Kitchen Express, Empanada Kitchen Catering, You Deserve the Best Today.

All other trademarks are the property of the respective trademark owners