TERMS OF SERVICE

Welcome to lamerenda.com (the “Website”). The term “Company” shall refer to La Merenda by Dominique Le Stanc, Inc. The terms “you” and/or “User” shall refer to the customer, user and/or viewer visiting this Website, and their/its heirs, related entities, successors, assigns, shareholders, directors, officers, members, employees and agents.

You should read these Terms and Conditions (“Terms”) carefully before using the Website

These Terms, the Privacy Policy and any other policy or notice linked or incorporated into these Terms (collectively, the “Agreement”) govern your use and access of the Website. You may only use and access this Website in accordance with these Terms. 

Please read the Agreement carefully, as it contains information concerning your legal rights and limitations, as well as the applicable law and jurisdiction relating to disputes arising from this Agreement and/or Website. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ENTER THIS WEBSITE AND MUST EXIT THIS WEBSITE IMMEDIATELY.

 

The situating of the Website on the World Wide Web and/or Internet constitutes a continuing offer by the Company to you to Use, as such term is defined below, the Website according to the Agreement.  By utilizing the Website in any manner, including, without limitation, by viewing the same (collectively, a “Use”), you accept that offer and these terms and conditions and form a binding contract between the Company and you to adhere to the same.  You stipulate that sufficient consideration exists to create that contract, and that it is therefore binding upon you.  Further, by your Use of the Website, you make the material representation upon which you wish the Company to reasonably rely that you will adhere to the Terms and the other terms constituting the Agreement in connection with your Use of the Website. If you are dissatisfied with any aspect of the Agreement, your sole and exclusive remedy is to discontinue using the Website.  Finally, by your Use of the Website, you also stipulate that any violation of the Agreement will result in irreparable harm to the Company not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy.

Please note that the Company retains the right to change the content of the Website, these Terms and/or the Agreement at any time, without notice. Any such changes shall be effective immediately upon posting.  Your continued use of the Website constitutes acceptance of those changes. Be sure to return to this page periodically to review the most current version of the Agreement, noting the “Last Updated” date indicated.

 

General Disclaimer

Except as otherwise provided herein, nothing contained on the Website shall be construed as a representation to be reasonably relied upon.  In no event shall anything on the Website be construed either to create a duty of care or to constitute a representation by the Company of any sort to be relied upon by you in any manner whatsoever. As further set forth herein, the Company takes no responsibility for the information contained on any website to which this Website may be linked.  Without limitation, the Company undertakes no obligation to update or maintain the Materials (as defined below) and other information contained within the Website.

License and Access

Subject to your compliance with the Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Website for the purpose of ascertaining whether or not you wish to purchase the Company’s goods (the “Permitted Use”). You are also granted a limited license to print copies of any Materials (as defined below) posted on the Website, but only for the Permitted Use.  This license does not include any resale or commercial use of any goods provided by the Website. You are not permitted to download (other than page caching), modify, copy, reproduce, republish, upload, post, transmit, sell, offer for sale or distribute, in any way any portion of the Website or website content, any photographs, text, software, pictures, graphics, articles, columns, postings, video clips, audio clips, digital downloads, data, messages, contents or other information posted on the Website (collectively, the “Materials”). You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of the Company without express written consent. All rights not expressly granted to you in this Agreement are reserved and retained by the Company and/or its licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted herein terminate immediately if you do not comply with the Agreement.

Privacy Policy

The Company believes in protecting your privacy. Please review the Website’s current Privacy Policy, which also governs your use of the Website, to better understand the Company’s practices. As stated above, by continuing to access or use the Website, you agree to be bound by the Privacy Policy. Your sole and exclusive option if you do not desire to be bound by the Privacy Policy is to not use this Website. 

Product Offerings & Prices

The Company attempts to ensure that the content, product descriptions, prices, and other information on the Website are as accurate as possible. However, the Company does not warrant or guarantee that any information on the Website is accurate, complete, or error-free, and the Company undertakes no commitment or obligation to update any content, product descriptions, or any other information on the Website. The Company also makes every effort to display its goods as accurately as possible. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment. The Company cannot guarantee that your equipment will accurately display the details of its goods.

The various goods that the Company sells may change from time to time in the Company’s discretion.  Without limitation, the Company may elect to modify its offerings and specifications of those goods without prior notice to you. 

Any prices displayed on the Website are exclusive of tax and any shipping, are quoted in U.S. Dollars, are valid and effective only in the United States and are subject to change. 

All purchases from the Website are subject to the Agreement, as well as the Company’s policies for cancellations, replacements, and shipping, all of which are located on the Website’s Frequently Asked Questions page, linked here: FAQs.

Restrictions on Use of Website

You may NOT, without the express prior written authorization of the Company:

  • utilize any information that you gain as a result of using the Website to illegally or improperly violate another person’s or entity’s privacy rights;
  • utilize the Website in regard to any commercial activities, advertising or sales without the prior written consent of the Company, which may be unreasonably withheld;
  • buy, sell, share or otherwise disseminate any other user’s username, password or other personal information;
  • forge headers or otherwise manipulate web pages or other aspects of the Website in a manner so as to try to disguise Third Party Content;
  • transmit any material, non-public information about any person or entity without the proper authorization to do so;
  • restrict any other user from properly using the Website, including without limitation, by way of “computer hacking” or otherwise altering the software or functionality of the Website and its underlying programs;
  • upload or disseminate any viruses, worms, Trojan horses or other harmful or malicious code to the Website;
  • use the Website if you are not able to form legally binding contracts, are under the age of majority in the State from where you are accessing this Website, or are temporarily or indefinitely suspended from the Website;
  • use the Website to initiate or further any illegal activity;
  • revise, modify, reverse engineer or in any way alter any portion of the Website or its contents;
  • “frame” or “mirror” any part of the Website;
  • utilize any device to enable you to circumvent the structure of the Website and/or spam or flood the Website;
  • create a database utilizing any information found within the Website;
  • duplicate, create derivative works of or otherwise violate the copyright of this Website or the Company;
  • utilize La Merenda’s trademarks as metatags on other websites or otherwise use the Company’s trademarks for your own advertising or pecuniary gain, including without limitation, utilization as Google® AdWords;
  • utilize the Website in an unauthorized manner or in a manner which violates any legal or regulatory proscription or requirement, any third party rights or the policies outlined in these Terms and/or the Agreement;
  • utilize the Website in a manner that is harmful to the Company or any other person or entity;
  • utilize the Website or any information provided on the Website illegally or improperly and/or to violate the privacy rights or any other rights of the Company or any third party;
  • remove, alter or amend any copyright or other proprietary notices from this Website;
  • infringe upon the intellectual property rights of the Company or a third party; 
  • circumvent any encryption or other security tools used anywhere on this Website;
  • sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use or otherwise assign to any third party any of your rights to access and otherwise use the Website or services as granted in these Terms; and
  • use any robot, spider or other intelligent agent software or device to access or monitor the Website in any manner.

Furthermore, you agree to cooperate with the Company in preventing any unauthorized use of the Website.  If you recognize or incur any problems using the Website, any violations of these Terms or any offensive content, please contact the Company at hello@lamerenda.com.

Abuse of the Website

In addition to Company’s other rights to terminate your Use of the Website, and without limitation, if, in the Company’s sole discretion, it determines that you are creating potential liabilities, or acting inconsistently with these Terms, the Company may, without limitation, prohibit access to the Website, terminate any licenses or other agreements in place between the Company and you, and take technical and legal steps to keep you off the Website.  Users may identify abuse of the Website and notify the Company of the same.  Notwithstanding the foregoing, you otherwise acknowledge and agree that this is in the Company’s sole discretion and that it shall not be obligated to do so. The company reserves the right to investigate and take appropriate legal action against any violation of these Terms and Conditions.  All Users agree to cooperate in this investigation regardless of whether it is related to User content posted by them or relating to another, unrelated user.  Notwithstanding the foregoing, you acknowledge and agree that Company can terminate your right to use this Website or any portion thereof at will, without notice and without cause.

You acknowledge and agree that the Company shall not be liable to you or to any other person or entity for any claims related to the termination or suspension of your or any other party’s use of the Website. You hereby make the material representations, upon which you agree the Company may and will rely: (i) you are at least of the age of majority in the State from where you are accessing this Website; (ii) you are a resident of the United States; (iii) you are authorized to view and provide information on the Website; (iv) if Using this Website on behalf of an organization, that you have authority to bind the organization to these Terms.

Submissions

The Company welcomes your feedback. However, please be aware that by submitting content to this Website by e-mail, comments and/or messages through the Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions“), you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and/or publicly display such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission, if the Company so chooses. You acknowledge that the Company shall not be obligated to provide attribution of your comments or reviews, but that it may do so in its discretion and without any compensation to you. You further acknowledge and agree that Submissions are non-confidential and non-proprietary. Additionally, you acknowledge that the Company is free to use and/or exploit Submissions, including without limitation, ideas for product improvements, product offerings, and/or a potential business model or modifications thereto, in whole or in part, through any means, and the Company shall not owe any compensation to you or any third party relating to the same. 

Specifically, Registered Users will be permitted to leave reviews of the goods offered for sale on the Website (a “Review”).  A Review should be based upon actual knowledge of the goods. By leaving a Review, Registered Users further agree that they will not utilize the review system in a manner that is inaccurate, untruthful, fraudulent and/or in bad-faith including, without limitation, reviewing goods which they have not personally experienced.  You covenant and agree, represent and warrant that all information provided, and any information that you will provide, is and will be truthful and accurate to the best of your knowledge.  You agree not to represent any products in a false light.  By providing ratings and any comments, you waive any and all privacy expectations that you may have in and to that rating or comment, and authorize the Company to freely use the same.

Third-Party Software

The Website may require third-party components in order to work properly, including, but not limited to operating systems and hardware. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS WITH THOSE THIRD-PARTIES. You may be required to accept these additional license agreements in order to meet the software system requirements. These system requirements may be supplemented or modified by Company at its discretion. You acknowledge that you are solely responsible for obtaining, installing, maintaining and operating any third party components and its use of the same are AT YOUR OWN RISK. The same may be governed by additional agreements. Nothing herein shall be deemed to constitute an endorsement by the Company of third party components. Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any such third-party components.

Copyrights

The Materials and the Website as a whole are copyrighted by the Company, and/or its licensors; and are owned by or licensed to the Company or the use of which is otherwise authorized. Moreover, the Materials, and the Website as a whole, constitute a collective work or compilation under United States Copyright laws and other laws. You must abide by, and maintain, all copyright notices, information or restrictions contained in or attached to any Material. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Website, including, without limitation, any of the Materials, without the Company’s prior written consent. The Company is not responsible for content on websites operated by parties other than the Company. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

If you are aware of an infringement of the Company’s brand, please notify the Company by sending an e-mail to: hello@lamerenda.com.

Trademarks

Certain names, logos and materials displayed on the Website, including, without limitation “La Merenda,” constitute trademarks, trade names, service marks or logos of the Company or its licensors and are owned or licensed to the Company or the use of which is otherwise authorized (“Marks“).  You are not authorized to use any such Marks or any variations thereof.  Ownership of all such Marks and the goodwill associated therewith remains with the Company or its licensors.

Intellectual Property Infringement

It is the policy of the Company to respond expeditiously to claims of copyright infringement.  The Company will promptly process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws.  The Company may elect to terminate access for Users who it believes in its sole discretion to be an infringer, regardless of whether proven or not.

User covenants and agrees to provide the Company with any information that User has regarding potential copyright infringement of any of the Materials. The sole and exclusive protocol for notifying Company that its copyrighted work has been infringed upon is to provide written notice to Company in accordance with the Notices provision hereunder.  That notice must include (a) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (b) a description of the copyrighted work that is believed to have been infringed upon; (c) a description of where the alleged infringing work is located on the Website; (d) the Copyright Owner’s mailing address, telephone number and email address; (e) a statement by the Copyright Owner that it has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, or otherwise being conducted by another authorized owner or licensee of the work; and (f) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that it is the Copyright Owner or is authorized to act on the Copyright Owner’s behalf.  Such information should be immediately delivered to the Company by certified mail return receipt requested or by commercial carrier at the addresses set forth below in the “Notices” provision and directed to the attention of the “Copyright Agent.”

Registered User Account

Certain users may elect to create an account with the Website, whereby they become registered users (“Registered Users”). A Registered User may provide the Company with certain information including, without limitation: name, username, email and password (collectively, the “User Account”).  Each Registered User is responsible for maintaining the confidentiality of the User Account information. A Registered User shall be responsible for all uses of the User Account on the Website, whether or not authorized by the Registered User.  Notwithstanding the foregoing, the Registered User shall immediately notify the Company of any unauthorized use of a User Account.  Moreover, if any User learns of any unauthorized use of a User Account, such User shall immediately notify the Company thereof.  A Registered User may cancel their User Account by contacting the Company through the Contact Us link.  That communication shall have in its subject line “Request to Terminate User Account.” Notwithstanding the foregoing, and as previously set forth, Company may cancel a User Account at any time, and without prior notice to the Registered User.  All references herein to users shall also incorporate those users that are Registered Users, unless specifically stated otherwise.

Protection of Children

No one under the age of thirteen (13) is permitted to use the Website.  If the User is a parent and believes the Company may have inadvertently collected such information from User’s child, please notify the Company immediately by sending an email to hello@lamerenda.com.  Moreover, Users should be aware of the fact that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist the User in limiting access to material that it considers to be harmful to minors.  For convenience sake only, the examples of some such protections are listed below. However, the Company does not accept any liability for the products and services provided by any third parties, nor does the following listing constitute, in any way, an endorsement of these products by the Company.  Rather, it is being provided only as an example and for the User’s convenience. 

Cookies

The Company hereby notifies you and you hereby acknowledge and agree that the Company may utilize “cookies” in connection with the operation of the Website.  You agree that such cookies may be placed on your computer, in connection with your access to, and other Use of, the Website.  Nevertheless, you should note that you can likely make adjustments to your web browser which may enable it to control the use of cookies.  Such action, however, could affect your Use of the Website.

Disclaimer

You explicitly agree that your Use of the Website is at your own and sole risk. The Website and all materials contained therein are provided “AS IS,” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.  Neither the Website nor the Company makes any representations or warranties that the Website will operate in a timely, secure or error-free manner; nor does the Website or the Company make any representations or warranties as to the quality, fitness, truth, accuracy, currency, reliability or wholeness of the Website or any of the materials contained herein.  The Website may be modified or discontinued at any time with or without reason and with or without notice to you, without liability to you or any third party.  Furthermore, neither the Website nor the Company makes any warranty as to the goods that are obtained from the Use of the Website.  You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk.  You will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.  You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  The Company makes no warranty regarding any use or disclosure of confidential or private information you may provide.  The Company may change any of the Terms found on the Website at any time, without notice.  The Company makes no commitment to update or keep current the information found on the Website.  The warranties and representations set forth in these Terms, IF ANY, are the only warranties and representations with respect to your use of the Website OR WITH RESPECT TO THE COMPANY’S GOODS.  There are no other warranties, written or oral, express or implied, that may arise either by agreement between You and the Company or by operation of law, including, without limitation, warranties of merchantability and fitness for a particular purpose, all of which are hereby specifically disclaimed. Some jurisdictions do not allow the elimination of certain warranties, and thus, one or more of the above exclusions may not apply to you.  However, this shall be limited and only those prohibited by that jurisdiction shall be excluded and severed from the remainder of the other warranties, limitations, and exclusions which shall remain in full force and effect to the maximum extent permitted by law.

Under no circumstances shall the Company be responsible for any loss or damage, including, without limitation loss of profits, anticipated revenue, savings or goodwill, or other economic loss, emotional distress, other personal injury or death, resulting from the Use of the Website, information relayed herein or otherwise relating to your conduct, or that of any other users, whether online or offline.

 

Limitation of Liability

the Company ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING of THE Website OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE Website. EXCEPT WHERE SPECIFICALLY REQUIRED BY LAW, IN NO EVENT SHALL the Company BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS Website, CONTENT FOUND HEREIN, or goods purchased, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS Website FOR COMMUNICATING WITH OTHER USERS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY the Company, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, notwithstanding the foregoing, the Company should be found liable for any loss or damage which arises out of or is in any way connected with any of the above-described functions or uses of the Website, or any of the Company’s goods or services, the Company’s liability shall in no event exceed One Hundred Dollars (US$100.00).  Some states do not allow limitations of liability, and thus the foregoing limitation may not apply to you.

Release

BY UTILIZING THE WEBSITE, YOUHEREBY RELEASE, REMISE AND FOREVER DISCHARGE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS WHICH YOU MAY HAVE AGAINST THE COMPANY, ANY OF THE INDEMNIFIED PARTIES, AND THEIR AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, ATTORNEYS, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIESBASED ON ANY ACT, EVENT OR OMISSION, AND FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO OR ARE CONNECTED WITH THE USE OF THE WEBSITE, ANY LINKED WEBSITES AND ANY AND ALL GOODS AND SERVICES RELATED THERETO.  YOU FURTHER WAIVE, RELEASE AND GIVE UP ANY AND ALL CLAIMS AND DEFENSES ARISING FROM OR RELATING TO ANY ACT, EVENT OR OMISSION DIRECTLY OR INDIRECTLY RELATED TO THE USE OF THE WEBSITE.  WITHOUT LIMITATION, YOU FURTHER UNCONDITIONALLY AND IRREVOCABLY FOREVER RELEASE, DISCHARGE AND HOLD HARMLESS THE indemnified PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, UNLESS required to be PROVIDED BY STATUTE), INCLUDING, WITHOUT LIMITATION, THOSE BASED ON SLANDER, LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF RIGHTS OF PUBLICITY, PERSONALITY AND/OR CIVIL RIGHTS, DEPICTION IN A FALSE LIGHT, INTENTIONAL OR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, PERSONAL INJURY, COPYRIGHT INFRINGEMENT AND/OR ANY OTHER TORT AND/OR DAMAGES ARISING FROM OR IN ANYWAY RELATING TO YOUR USE OF THE Website OR ANY OF THE PRODUCTS AND SERVICES OFFERED THEREIN.  THIS FURTHER INCLUDES, WITHOUT LIMITATION, ANY CLAIM WHICH COULD BE ASSERTED NOW OR IN THE FUTURE UNDER (I) THE COMMON LAW; (II) ANY OF THE PARTIES’ POLICIES, PRACTICES OR PROCEDURES; AND/OR (III) ANY FEDERAL, STATE or local STATUTES OR REGULATIONS. If you are a California resident, you hereby waive California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby acknowledge, agree and stipulate that this waiver is being made consciously and with a full understanding of the rights that you may be giving up.

Notwithstanding any termination of your access to the Website, you acknowledge and agree that your representations and obligations, as well as the disclaimer of warranties, limitation of liability and release of liability hereunder,  shall survive and continue in perpetuity.

Indemnification

You agree to indemnify, hold harmless and defend COMPANY, its affiliates, partners, service providers, vendors and contractors and any members, shareholders, directors, officers, employees, attorneys, representatives or agents of any of the foregoing (collectively, “Indemnified Parties”) with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorneys’ fees and expenses of the Indemnified Parties’ selected attorney(s), relating, directly or indirectly, to (i) your failure to comply with these terms and conditions and/or the agreement; (ii) your use of the Website and/or any service and/or product identified on the Website and/or any affiliate link, ADVERTISEMENT or LINKED Website; and/or (iii) any act or omission on your part.

Choice of Law; Jurisdiction

The company and you each agree that this Agreement is made and delivered in, and shall be governed by and construed in accordance with the laws of the STATE OF NEW YORK (without giving effect to principles of conflicts of laws of the STATE of NEW YORK or any other state). the company and you each hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the State Courts of NEW YORK (with venue in NEW YORK County) and/or the Federal Courts of the SOUTHERN District of NEW YORK  for any action, proceeding or investigation in any court or before any governmental authority (a “Litigation”) for actions arising out of or relating to this Agreement and/or the Website, as well as any other claims or defenses directly or indirectly related to the subject matter of this Agreement and/or the Website (and agrees not to commence any litigation relating thereto except in such courts). the company and you also both agree that you or the company may bring suit in ANY court to enjoin infringement or other misuses of intellectual property rights. The jurisdiction provision within this section shall not be deemed to prohibit such action. 

 

The company and you BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. YOU ALSO agree that any LITIGATION will be conducted only on an individual basis and YOU WILL NOT LITIGATE IN COURT ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Assignment

The company may freely assign its rights and obligations in and to these Terms and Conditions.  You acknowledge that you may not assign, transfer or sell your rights under these Terms and Conditions without Company’s express written consent, which may be unreasonably withheld. Any purported assignment without Company’s consent shall be deemed null and void.

 

Attorneys’ Fees

If any of the Indemnified Parties undertake any action to enforce these Terms and/or the Agreement, such party will be entitled to recover from you, and you hereby agree to pay, any and all attorneys’ fees and any costs of litigation, in addition to any other relief at law or in equity to which such party may be entitled.  In such event, Indemnified Parties shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorneys’ fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through an institution of formal legal proceedings.

California Residents

Pursuant to California Civil Code Section 1789.3, California residents are hereby advised of the following: (a) the Company is located at 606 West 57th Street, Unit 2813, New York, New York 10019 and can be reached at hello@lamerenda.com; (b) these Terms have provided you with advance notice of any applicable charges resulting from or related to your Use of the Website and/or its services; (c) you may contact the Company at the address or email address indicated above to resolve a complaint or receive further information regarding any aspect of the services provided by the Website; and (d) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112Sacramento, California 95834 or via telephone at 800-952-5210.

 

Communications

Except as otherwise provided herein or in the privacy policy, the Company MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY WITH REGARD TO ANY COMMUNICATION MADE BY OR THROUGH THE Website, WHETHER TO the Company, THROUGH A message, comment and/or POST TO THE Website.  The Company specifically reserves the right, and you hereby authorize the Company, to monitor transmissions over the Website and its related networks for maintenance, service, quality control assurance or any other purpose permitted by the Electronic Communications Privacy Act, 18 U.S.C. §2701, et. seq. The Company takes no responsibility for information sent to it that is intercepted by third parties.

Any communications, including, without limitation, emails, pictures, audio clips, videos, graphics and/or other material sent directly, or by carbon copy or otherwise to the Company or any of its officers, employees or agents and any postings to the Website shall become the Company’s property upon the transmission of the same.  You grant the perpetual and irrevocable right to both publicly or non-publicly utilize the same, including the identifying information contained therein, in any manner whatsoever, at no charge

 

Notices

Any and all notices or other communications, if any, that are to be given to the Company under this Agreement must be in writing, which shall be given by delivery to the address set forth below, by way of either personal delivery, regular mail, certified mail, return receipt requested, two-day mail or overnight mail by a commercial carrier, facsimile transmission, or email. Notices to you, including but not limited to service of process initiating any proceeding related to this Agreement, if any, shall be provided by the Company via email or any other address which the Company reasonably believes to be associated with you, or by posting said notice on the Website. Notice shall be deemed effective upon delivery of the same. By accessing and/or using the Website, you acknowledge and agree that you are communicating with the Company electronically, and consent to receive communications from the Company electronically. You acknowledge and agree that all agreements, notices, disclosures, and/or other communications that the Company may provide to you electronically are effective; satisfy any legal requirement that such communications be in writing, and shall be deemed delivered to you. Without limitation, you specifically waive any objection or challenge respecting service of process so long as such documents and notices are delivered pursuant to the terms of this section.

Notices sent by certified mail, return receipt requested, two-day delivery or overnight delivery by a commercial carrier or facsimile transmission (with self-generated confirmation of receipt) shall be deemed given upon sending. Notices by personal delivery shall be deemed given upon delivery. Notices by email shall be deemed effective twenty-four (24) hours after the message was sent, so long as no “System Error” message or other notice of non-delivery is generated. Notices by regular mail shall be effective when received at the address to which they are sent. Notices shall be addressed as set forth below, which may be modified from time to time. The addresses for giving notice are as follows:

La Merenda by Dominique Le Stanc, Inc.

606 West 57th Street, Unit 2813

New York, New York 10019

Email: hello@lamerenda.com

International Use

In light of the international scope of the Internet, you agree to comply with all local laws, rules, and regulations, including but not limited to those applicable to online conduct and acceptable Internet content.  Without limitation, you acknowledge and agree that you shall comply with all applicable laws and regulations regarding the transmission of technical data from the United States or the country in which you may reside.

 

Miscellaneous

You acknowledge and agree that this Agreement, which includes, without limitation, the Terms and the Privacy Policy, constitutes the entire agreement between the Company and you, hereto relating to the subject matter hereof, and any prior agreements, understandings, representations and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect.  You acknowledge and agree that the Privacy Policy is meant to supplement and not supersede these Terms, and they should be read together, in pari materia. If any provision of the Agreement is prohibited or otherwise unenforceable in a jurisdiction where it is being enforced: (a) it shall be nevertheless enforced to the fullest extent allowed by that prevailing law; and (b) all other provisions of this Agreement shall remain in full force and effect and shall not be invalidated or rendered unenforceable. You agree that neither this Agreement nor your use of the Website creates a joint venture, agency, partnership, or employment relationship between you and the Company and/or affiliates. The Agreement is not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein. For the avoidance of doubt, any party that is subject to being indemnified under this Agreement shall be an intended third-party beneficiary to this Agreement.  You promise to perform all further acts and execute all supplementary instruments or documents that may be requested by the Company to carry out the provisions and effectuate the intent of this Agreement. The Company’s failure to enforce any term, provision or condition of these Terms and/or the Agreement, including the breach or default thereof, by conduct, course of dealing or otherwise, in one or more instances shall not be deemed a waiver.  You specifically acknowledge that you have not accepted these Terms on the reliance of any representations or other promises of the Company, which are not specifically included herein.  You specifically stipulate that these Terms do not constitute a contract of adhesion.  The gender terms in these Terms shall apply equally to either gender.  The headings in these Terms shall have no force and effect.  By using the Website, you agree that you are of legal age to enter into a contract and have had the opportunity to review the terms of the Agreement with counsel of your choosing, if you wished to do so. You further acknowledge that you have thoroughly read these terms and conditions; that you are giving up certain legal rights that may otherwise exist; have asked any questions you desire to clarify its meaning; and believe it is in your interest to nevertheless proceed. Any rights not expressly granted herein are reserved.

If you have any questions or concerns about this Agreement, please do not use the Website and kindly contact the Company at hello@lamerenda.com.