Terms of use

Terms of Use

TERMS OF USE OF FIESTA MART

 

  1. Binding Effect

This is a binding legal agreement. These Terms of Use (“Terms”) govern your use of the Fiesta Mart L.L.C. (“Fiesta Mart,” “we,” “us”, or “the Company”) website (“Site”), any application programming interfaces, and other services offered by us, as well as services offered through third parties integrating Fiesta Mart functionality (“Services”).  Fiesta Mart provides the Site and Services.  “You” refers to you as a user of the Site or Services. By accessing, browsing or using the Site or any Services provided in connection with the Site, you agree to abide and be bound by (a) these Terms of Use, as they may be amended by us from time to time in our sole discretion, and (b) the Company’s Privacy Policy, as they may be amended from time to time at the Company’s sole discretion. The Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use or the Company’s Privacy Policy are unacceptable, or you are dissatisfied with the Site in any way, you must immediately leave the Site and cease all use of the Services and the Site.  In each such instance, your sole remedy is to stop using the Site.

By using the Site, you will be deemed to have accepted and agreed to these Terms of Use and Company’s Privacy Policy, including any warranty disclaimers and provisions limiting Company’s liability to you.  If you do not agree to these Terms of Use, please do not use the Site. You agree that by using the Service you represent that you are at least 18 years old and that you are legally able to enter into this Agreement.

  1. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”).  Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service.  By using that Service, you agree to the Additional Terms.

  1. Privacy Policy

Your privacy is very important to us.  Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others.  You are responsible for maintaining the confidentiality of your account information, including your username and password.  You are responsible for all activities that occur under your account, and you agree to notify us immediately of any unauthorized access or use of your account.  We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

  1. Use Of Software
    We may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by us, for your personal, noncommercial, home use only. We do not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by us or our licensors, and you may not copy or use them in any manner.
  2. Acceptable Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account.  Our goal is to create a positive, useful, and safe user experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.  When you use the Site or Services, you may not:

  • violate any law or regulation;
  • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • engage in probing, “deep-linking,” “roboting,” spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from or monitor the Site or Services or circumvent the navigational structure or presentation of the Site or the Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site. We reserve the right to take measures to prevent any such activity;
  • gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
  • reverse look-up, trace or seek to trace any information on any other visitor to the Site, or any other customer of ours, including any account that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to personal information or other information that reasonably could be used to connect non-personal Information to personal information.
  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • use any means to scrape or crawl any Web pages contained in the Site;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.
  1. Ownership

We own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”).  The Site and Services, Our Content, and Marks are all protected under U.S. and international laws.  The look and feel of the Site and Services are copyright © Fiesta Mart, L.L.C. All rights reserved.  You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Fiesta Mart.

Any communication or other information sent to us via electronic mail or otherwise in connection with your use of this Site, including but not limited to, feedback data, such as questions, comments, suggestions, or the like regarding Our Content, the Site or the Service (“Feedback”), shall be deemed to be non-confidential.  Further, we shall be free to use, with no compensation to you, any ideas, concepts, know-how, techniques or methodologies contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating such Feedback.  Disclosure shall constitute an assignment of all right, title and interest in such information to us.

  1. Links

The Site and Services may contain links to other websites and online resources.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We are not responsible or liable for any damage or loss related to the use of any third-party website.  You should always read the terms and conditions and privacy policy of a third-party website before using it.

  1. Changes to the Site or Services

We enhance and update the Site and Services often.  We may change or discontinue the Site or Services at any time, with or without notice to you.

  1. Termination

We reserve the right to not provide the Site or Services to any person.  We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion.  If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

  1. Disclaimer and Limitations on Our Liability

You use the site and services at your own risk.  The site and services are provided on an “as is” and “as available” basis.  To the maximum extent permitted by applicable law, our company and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors (“Affiliates”) disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of course of dealing or usage of trade.

In particular, to the maximum extent permitted by applicable law, our company and its Affiliates make no representations or warranties about the accuracy or completeness of content available on or through the Site or Services, or the content of any websites or online services linked to or integrated with the Site or Services.  Our company and its Affiliates will have no liability for any:  (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the Site or Services; (c) any unauthorized access to or use of our servers or of any personal information or user data; (d) any interruption of transmission to or from the Site or Services; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the Site or Services by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted or shared through the Site or Services.

You understand and agree that, to the maximum extent permitted by applicable law, any material or information downloaded or otherwise obtained using the site or services is done at your own risk and that you will be solely responsible for any damage arising from doing so.  No advice or information, whether oral or written, obtained by you from us or through the site or services will create any warranty not expressly made.

To the maximum extent permitted by applicable law, in no event will we be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products arising out of or in connection with these terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not we’ve been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these terms, from all causes of action and all theories of liability, will be limited to and will not exceed the fees you have actually paid us during the twelve (12) months preceding the claim giving rise to such liability.

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

  1. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your account.  If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

  1. Informal Dispute Resolution

We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by completing the Customer Inquiry/Feedback Form in the Contact Us section of our site, and including the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or video conference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an arbitration is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

  1. Arbitration Agreement & Waiver of Certain Rights

You and Fiesta Mart agree that, except as set forth below, we will resolve any claims, counterclaims, or other disputes between you and Fiesta Mart or you and a third-party agent of Fiesta Mart (a “Claim”) through binding and final arbitration instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”).  This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms of Use. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.  You and we hereby waive any right to a jury trial of any Claim (defined below).  The arbitration will be heard and determined by a single arbitrator.  The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.  The Federal Arbitration Act and federal arbitration law apply to this agreement.  A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at Fiesta Mart L.L.C., 600 Citadel Dr., Commerce, CA, 90040. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us.

Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies.  You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph.  In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  You may not bring Claims in arbitration on a class or representative basis.  The arbitrator can decide only your and/or our individual Claims.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a Claim proceeds in court rather than in arbitration, you and Fiesta Mart each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms.

The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.  Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court.  If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.”  In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

This Arbitration Agreement Section of the Terms will survive the termination of your relationship with us.

This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief.  Other rights that you or we would have in court also may not be available in arbitration.

  1. Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in California.  You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

  1. Changes to these Terms

From time to time, we may change these Terms.  If we change these Terms, we will give you notice by posting the revised Terms on the Site.  The revision shall be effective immediately on such posting.  By continuing to use the Site or Services, you are agreeing to the revised Terms.

Please print a copy of these Terms for your records and PLEASE check the Site frequently for any changes to these Terms.

 

 

 

 

 

Revised: March 31, 2026