Terms and Conditions

---

Terms and Conditions

Agreement between User and www.lacuyana.com

Welcome to www.lacuyana.com. The www.lacuyana.com website (the "Site") is comprised of various web pages operated by La Cuyana Company ("La Cuyana"). The Site is offered to you conditioned on your acceptance of these terms, conditions, notices, and provisions, without modification (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. 

Please read these terms carefully, and keep a copy of them for your reference. 

The Site is an e-commerce site for selling Frozen Dough products online, nationwide or outside the USA. 

Electronic Communications

Visiting the Site or sending emails to La Cuyana constitutes electronic communications. By using the Site you consent to receiving electronic communications and you agree that all agreements, notices, disclosures, and other communications that La Cuyana provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

Children Under Thirteen

La Cuyana does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.lacuyana.com only with permission of a parent or guardian. 

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of La Cuyana and La Cuyana is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. La Cuyana is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by La Cuyana of the site or any association with its operators. 

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Sites domain, you acknowledge and consent that La Cuyana may share such information and data with any third party with whom La Cuyana has a business relationship to provide the requested product, service, or functionality on behalf of La Cuyana users and customers. 

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to La Cuyana that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

All content included as part of the service, such as text, graphics, logos, images, and the compilation thereof, and any software used on the Site, is the property of La Cuyana or its suppliers and is protected by copyright and other intellectual property laws and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. La Cuyana content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of La Cuyana and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. La Cuyana does not grant you any licenses, express or implied, to the intellectual property of La Cuyana or our licensors except as expressly authorized by these Terms. 

Third Party Accounts

You will be able to connect your La Cuyana account to third party accounts. By connecting your La Cuyana account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

International Users

The service is controlled, operated and administered by La Cuyana from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the La Cuyana content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. 

Indemnification

You agree to indemnify, defend, and hold harmless La Cuyana, its officers, managers, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. La Cuyana reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with La Cuyana in asserting any available defenses. 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms. 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LA CUYANA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

LA CUYANA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LA CUYANA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LA CUYANA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LA CUYANA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Termination/Access Restriction 

La Cuyana reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site, subject to the Arbitration provision hereof. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and La Cuyana as a result of this agreement or use of the Site. La Cuyana's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of La Cuyana's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by La Cuyana with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed eliminated and the remainder of this agreement shall continue in effect. 

This agreement constitutes the entire agreement between the user and La Cuyana with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and La Cuyana with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This agreement and all related documents be written in English. 

Changes to Terms

La Cuyana reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. La Cuyana encourages you to periodically review the Terms to stay informed of our updates. 

Contact Us

La Cuyana welcomes your questions or comments regarding the Terms: 

La Cuyana Company 

3838 S. Dairy Ashford Road. 

Houston, Texas 77082 

Email Address: 

info@lacuyana.com

Telephone number: 

(832) 228-2674 

Effective as of January 01, 2024