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De Las Mías — Terms of Use

Last modified:  February 26, 2021

 

1.Acceptance of the Terms of Use

These terms of use are entered into by and between you and De Las Mías LLC (“Company,” “we,” “our,” or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our website at https://delasmias.com and our “De Las Mías” mobile application (collectively, the “App”), including any content, functionality, and services offered on or through the App.

By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

The App is offered and available to users who are 18 years of age or older and reside in the United States.  By using the App, you represent and warrant that you meet all the foregoing eligibility requirements.  If you do not meet all these requirements, you must not access or use the App.

2.Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion.  All changes are effective immediately when we post them and apply to all access to and use of the App thereafter.

Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes.  You should check back from time to time so you are aware of any changes.

3.Accessing the App and Account Security

Although we will use reasonable efforts to make the App available on a regular basis, we reserve the right to withdraw or amend the App and any of its contents, and any goods or services offered through the App, in our sole discretion without notice.  We will not be liable if all or any part of the App (or any goods or services offered through the App) is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the App, or the entire App.

To access the App or some of the resources it offers, you may be asked to provide certain account registration details or other information.  It is a condition of your access and use of the App that all the information you provide is correct, current, and complete, and that you will update it periodically to ensure it remains correct, current, and complete.  You agree that all information you provide to us through the App to create an account or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App or portions of it using your username, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if we have determined that you have violated any provision of these Terms of Use.

4.Intellectual Property Rights

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access, use, and display the App and its contents for your personal and non-commercial use.  Modification or use of the App or its content for any other purpose is strictly prohibited unless you receive our prior written consent.  As between you and Company, the App and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App.

If you wish to make any use of content on the App other than as set out in this section, please address your request to info@delasmias.com.

If you breach these Terms of Use, your right to use the App will stop immediately.  No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5.Trademarks; Affiliation with Company

The Company name, the DE LAS MÍAS trademarks (including the standard text mark, starburst logo, and cursive text logo), and all related names, logos, product, and service names, designs, graphics, and slogans are intellectual property owned by Company or its licensors.  You may not use such intellectual property without the prior written permission of Company.

You are prohibited from stating or suggesting that you are affiliated with or endorsed by Company without the prior written permission of the Company (e.g., through a separate agreement).

6.Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use.  As part of that, you are solely responsible for ensuring that all in-App messages you send and content you share through the App comply with these Terms of Use and applicable law:  we are not undertaking any obligation or liability related to any such messages or content, such as the obligation to monitor or review content for compliance with these Terms of Use.  But it goes further than that.  To help guide you in your appropriate use of the App, we provide the following (non-exclusive) list of prohibited actions.  You agree not to use the App:

Further, you may not:

Finally, you understand that by using the App, you may be exposed to postings and other content (e.g., from other users) that are offensive or objectionable.  Under no circumstances will we be liable in any way for any such content.

7.Monitoring and Enforcement; Termination

We have the right to:

8.Copyright Infringement

If you believe that any content accessible on or from the App infringes your copyright, you may request removal of that content (or access to it) under the Digital Millennium Copyright Act (“DMCA”) by providing a written notice to our copyright agent containing the following information:

Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Attention:  Copyright Agent
De Las Mías LLC

5003 SE 45th Avenue
Portland, OR 97206

Email:  info@delasmias.com

It is the policy of the Company to terminate the user accounts of repeat infringers.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing exposes themselves to the risk of liability for damages, including costs and attorney fees.

9.Reliance on Information; Health Disclaimer

The information presented on or through the App is made available solely for general information purposes.  And while we do our best to provide accurate and evidence-based information (e.g., using guidelines from the Centers for Disease Control and Prevention and the American Diabetes Association), mistakes happen.  Accordingly, we do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.

The App also includes content provided by third parties.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Without limiting the foregoing, while the App provides health and wellness information, such content is intended only to assist users in their personal wellness journeys.  We are not a medical organization or healthcare provider, and we cannot give you any medical advice or diagnosis.  Nothing contained in the App should be construed as such advice or diagnosis.  Nor should you seek or receive any medical advice or diagnosis through the app.  Finally, the content available through the App should not be interpreted as a substitute for physician consultation, evaluation, or treatment – all of which should be done outside of the App.  You should seek the advice of a physician before beginning any weight loss effort or regimen or undertaking any fitness activities or exercise routines – particularly if you have any diagnosed health condition such as diabetes, prediabetes, or hypertension.  In any event, you agree that we will not be liable for any damages arising from personal injuries (including death) sustained as a result of your use of anything offered through the App.

10.Changes to the App

We may update the content on the App from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

If you provide suggestions or other feedback regarding the App, we may use and share such feedback for any purpose without compensation or credit to you.

11.Information About You and Your Use of the App

All information we collect from and about you through the App is subject to our Privacy Policy.  By accessing or using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12.Linking to the App

You may link to our homepage, https://delasmias.com/, or reference our App—such as where it is available for download—provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Subject to the foregoing, you must not:

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice.

13.Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  Nor do we independently verify such third parties’ compliance with applicable law.  We are therefore not responsible for any actions or omissions of those third parties.  Accordingly, if you decide to access any of the third-party websites or resources linked from the App, you do so entirely at your own risk and subject to the third party’s terms and conditions.

14.Geographic Restrictions

We are based in the United States and provide the App for use only by people located in the United States.  We make no claims that the App or any of its content is accessible or appropriate outside of the United States.  If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15.Disclaimer of Warranties

YOUR USE OF THE APP, ITS CONTENT, AND ANY GOODS OR SERVICES OBTAINED THROUGH THE APP ARE AT YOUR OWN RISK.  THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WITHOUT LIMITING THE FOREGOING, COMPANY MAY PROVIDE FITNESS ACTIVITY IDEAS AND RECIPES THROUGH THE APP.  WE MAKE NO REPRESENTATION OR WARRANTY THAT THE FITNESS ACTIVITIES ARE APPROPRIATE FOR YOU.  NOR DO WE REPRESENT OR WARRANT THAT OUR RECIPES PROVIDE ACCURATE ALLERGEN OR DIETARY INFORMATION.  ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE APP IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, FITNESS, NUTRITIONAL, AND ALLERGEN INFORMATION.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16.Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY GOODS OR SERVICES OBTAINED FROM IT, ANY WEBSITES OR OTHER RESOURCES LINKED FROM IT, OR ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17.Indemnification

You agree to defend, indemnify, and hold harmless the Company, its members, managers, directors, officers, affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including but not limited to any use of the App’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information, goods, or services obtained through the App.

18.Governing Law; Dispute Resolution; Venue; Time Limit to File Claims

All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule.

Any disputes or claims will be resolved by arbitration administered by confidential arbitration through the Arbitration Service of Portland, Inc. (“ASP”), before a single arbitrator in Portland, Oregon, and in accordance with the ASP’s then-current procedural rules.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Nothing in these Terms of Use prohibits a party from seeking immediate injunctive relief from a court.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE THE CAUSE OF ACTION OR CLAIM IS BARRED.

19.Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

20.Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.  If you have any questions or would like to request additional information, you may contact us at info@delasmias.com.