Terms & Conditions

PLEASE READ THESE WEB SITE TERMS AND CONDITIONS (“TERMS OF USE”) CAREFULLY.  BY ACCESSING AND USING THIS WEB SITE (“SITE”), YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE.  CALIENTE FOODS, LLC AND ITS AFFILIATES (COLLECTIVELY, “CALIENTE FOODS”) EXPRESSLY RESERVE THE RIGHT TO MODIFY THESE TERMS OF USE AND/OR SITE AT ANY TIME.  IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS OF USE, AND YOUR CONTINUED USE OF THIS SITE SHALL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS OF USE AND ANY MODIFICATIONS THEREOF.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE.

General

By accessing the Site, you acknowledge and represent that:  (i) you have read these Terms of Use, understand them, and agree to be bound hereby, and (ii) you are not going to use the Site or any content thereof except as expressly permitted herein.  Further, by downloading, accessing, or using the Site in order to view information and materials or submit information or materials of any kind, you represent that you are at least 18 years old, or if a minor, that you are using this Site with parental or legal guardian consent and supervision. You may not violate or attempt to violate the security of the Site.  Access to certain areas of this Site may be permitted only to authorized individuals with valid login information and assigned password.  If you are such a person, you are responsible for the use of your login and password, and therefore, you must take all the necessary steps to protect such information from unauthorized disclosure.  If you become aware of any unauthorized disclosure or access, you must immediately advise Caliente Foods.   You, by accessing and using this Site, are using the information and materials at your own risk. You are solely responsible for ensuring your use of the Site is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.

Your Permitted Use of the Site

Subject to these Terms of Service, you may use the site to obtain information about Caliente Foods’s products.  You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or any contents, information, data or materials provided through the Site in any manner not expressly permitted by the Terms of Service or the Site.  

This Site may contain links to other websites and/or other third party content, including links to third party social media sites.  These links are provided solely for your convenience, and Caliente Foods does not make any representations or warranties with respect to such third party websites and/or any information contained therein.  Further, the inclusion of these links on the Site does not imply any endorsement, representation or warranty by Caliente Foods with respect to any such website or the content or services contained through such websites.  If you decide to access the linked third party website through this Site, you do so at your own risk.  Caliente Foods shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites.  

 

Intellectual Property

This Site and all of its content, including all trademarks, service marks, trade names, and logos of Caliente Foods are the sole and exclusive property of Caliente Foods.  Any other third party intellectual property, including all third-party trademarks, service marks, trade names, and logos, used in this Site is owned by the applicable third party, and Caliente Foods makes no representations of any kind with respect to such third-party intellectual property.  Nothing in this Site shall be deemed to convey upon you any right, title, or interest in any intellectual property except for the right to view and/or use the same pursuant to these Terms and of Use.  Further, the use of the Site is for our personal purposes only and no information or materials provided on the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way to third parties except as expressly permitted in these Terms of Use.  You may not distribute, modify, transmit, reuse, report or use the content of this Site for public or commercial purposes, including the text, images, and/or audio and video, without Caliente Foods’s prior written permission.  Further, you shall not remove any proprietary or ownership notices (e.g., copyright and trademark notices) or other similar labels from the Site or on any materials accessed through the Site. Any unauthorized use of any Intellectual Property or the Site content constitutes your breach of these Terms of Use and may also constitute an infringement under applicable laws.

Disclaimers and Limitation of Liability

Caliente Foods makes no warranties or representations as to the accuracy of this Site or any information or materials provided herein.  Under no circumstances will Caliente Foods, its officers, directors, managers, employees, contractors, affiliates, or any party involved in creating, producing, or delivering the Site be liable to you or any third party for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Site.  Further, Caliente Foods 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 in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.

THE SITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.  ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND EXPRESSLY DISCLAIMED.  CALIENTE FOODS MAKES NO WARRANTY THAT THE SITE WILL MEET ANY USER’S REQUIREMENTS.  USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF CALIENTE FOODS.  CALIENTE FOODS DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  CALIENTE FOODS ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS.  IN NO EVENT WILL MCF BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENTS, THE USE THEREOF, THE INABILITY TO USE THE SITE, OR THE USE OF CALIENTE FOODS’S SERVICES ON OR THROUGH THE SITE, EVEN IF CALIENTE FOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

Indemnification

By using this Site, you agree to defend, indemnify and hold Caliente Foods and its directors, officers, members, affiliates, partners, principals, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from (i) your use of the Site, or (ii) your breach or violation of law or any of these Terms of Use.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense at your own cost and risk.  

Miscellaneous

No waiver by Caliente Foods of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term or provision of these Terms of Use at that time or any other time.  If any provision of these Terms of Use is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use represent and constitute the entire agreement between Caliente Foods and you relating to the subject matter discussed herein.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas.  You agree that any dispute or action at law or inequity arising out of or relating to these Terms of Use or your use of the Site shall be commenced only in the state or federal courts located in Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.

Termination

These Terms of Use are effective until terminated by Caliente Foods, provided that you may terminate the Terms of Use at any time by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation, copies, and installations whether made under these terms or otherwise.  Such termination by you will not be effective if Caliente Foods, in its sole discretion and without notice to you, determines that you failed to comply with any term or condition stated herein.  

If you have any questions about this Site or these Terms of Use, you may contact Caliente Foods at 214.281.8555 or hey@fnhotfood.com.