Terms of Use
Updated 6/14/2019
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE. These Terms of Use ("Terms") constitute a legal agreement between you and Katella Delicatessen LLC ("Katella Bakery", "us", "our", and "we") governing your access to and use of the website, online services, mobile site or other domain or software application which Katella Bakery owns, operates, licenses or controls (the “Site”). Your use of this Site will indicate your acceptance of these Terms. Do not use this Site if you do not agree to be bound by these Terms.
Please note that we may periodically change these Terms from time to time without notice to you by posting a revised version of the Terms of Use on this Site, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed Terms. It is your responsibility to review the Terms of Use periodically to be aware of any such changes. These terms of use contains provisions that limit our liability to you.
1. INTELLECTUAL PROPERTY
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks, service marks and/or other intellectual properties (whether registered or unregistered) that is protected by applicable laws, and treaties of the United States and other countries and owned by Katella Bakery or by other parties that have licensed their material to us. You may not use, copy, republish, duplicate, distribute, upload, download, post, transmit, frame, or use any of the contents or materials on this Site without Katella Bakery’s express prior written consent, to be withheld or given in our sole and absolute discretion. All rights not expressly granted are reserved. You acknowledge and agree that the content on this Site constitutes valuable intellectual property and proprietary information of Katella Bakery’s or its licensors and content providers and that you acquire no ownership interest by accessing or using the Site or the content.
2. PERSONAL USE
Your use of the contents and materials included on this Site is for informational purposes and personal use only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to Katella Bakery, and that in the event of an unauthorized use Katella Bakery shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.
3. SUBMISSIONS AND USE OF THIS SITE
Katella Bakery does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Katella Bakery’s products or marketing strategies might seem similar to ideas submitted to Katella Bakery. So, please do not send your unsolicited ideas to Katella Bakery or anyone at Katella Bakery.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that: (1) the submission will immediately become the sole and exclusive property of Katella Bakery without compensation to you or any other person or party and Katella Bakery’s will have the immediate right to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such submission, and to grant and authorize sublicenses of the foregoing; (2) Katella Bakery will consider the submission to be non-confidential and non-proprietary; (3) Katella Bakery shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) Katella Bakery may use or redistribute the submission or its content for any purpose and in any way it chooses; (5) the submission does not contain trade secrets or proprietary information owned by another and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (6) you have all requisite rights to, and are authorized to disclose, all of the information contained in the submission; and (7) you are fully responsible for any submission you make and for the legality, reliability, appropriateness, and originality thereof. You agree to execute any documents required by Katella Bakery to confirm such rights.
4. LIMITATIONS & PROHIBITED ACTIVITIES
(a) You will not introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site;
(b) You will not distribute, publish, transmit, modify, display or create derivative works from or exploit any of the Content available on this Site in any way;
(c) You will not post or submit anything to this Site that may violate any rights of any third party, including any copyright, trademark, privacy or other personal or proprietary right(s);
(d) You will follow all of these Terms, as well as all applicable laws, rules and regulations, and will not engage in or encourage conduct that may give rise to civil liability or violate any law;
(e) You will only provide truthful, complete and accurate information;
(f) You will not impersonate another person;
(g) You will not harass, threaten, or abuse any other person when using this Site in any manner;
(h) You will not access data not intended for you or log into a server or account that you are not authorized to access;
(i) You will not attempt to probe, scan or test the vulnerability of Katella Bakery’s systems or network or breach the security or authentication measures without proper authorization;
(j) You will not access this Site with any data extraction, scraping, mining, or other data gathering tools, or otherwise scrape, collect, store, or use any Content from this Site;
(k) You will not interfere with or disrupt this Site, or servers or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site; and
(l) You will not e-mail, transmit, or otherwise transfer to or through this Site any material or information that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, distasteful, or otherwise objectionable; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
5. PRODUCT SALES AND AVAILABILITY
Katella Bakery reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this Site.
6. LINKS TO OTHER SITES
Katella Bakery may provide links from or to other websites maintained by third parties (“Linked Sites”) that are not under the control of Katella Bakery. Katella Bakery has not reviewed or endorsed these Linked Sites, and you hereby acknowledge and agree that we shall not be responsible for the content, reliability, nature, products, services, availability, advertising, information or use of user information or other materials offered on any of the Linked Sites. The appearance of Linked Sites on this Site does not imply our support or endorsement. When you visit the Linked Sites, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You access linked sites at your own risk. In no event shall Katella Bakery be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through any of the Linked Sites. You should direct any concerns to the administrator or Webmaster of any such Linked Site. Katella Bakery reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from this Site and/or introduce different features or links to different users.
7. THIRD PARTY ADVERTISEMENTS AND PROMOTIONS
Katella Bakery may display advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Katella Bakery is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such third party information on the Site.
8. MODIFICATIONS TO THE SITE
Katella Bakery reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Katella Bakery will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
9. COPYRIGHT POLICY
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to:
Katella
Attention: Compliance Director - DMCA Copyright Agent
4470 Katella Ave
Los Alamitos, CA
or by email to: help@katellabakery.com
Please include the following information in your written notice: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.
10. TERMINATION OF ACCESS
Katella Bakery reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and Katella Bakery, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, Katella Bakery will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of the Site's content will remain in full force.
11. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Katella Bakery, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your use of this Site, (ii) your violation of these terms, (iii) your violation of any rights of any third party, or (iv) your conduct in connection with the Site.
12. DISCLAIMER
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, KATELLA BAKERY’S MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS TO THE FULLEST EXTENT UNDER PERMITTED LAW ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
Katella Bakery does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Katella Bakery is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors.
13. LIMITATION OF LIABILITY
KATELLA BAKERY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. KATELLA BAKERY’S WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF KATELLA BAKERY’S IS NEGLIGENT OR IF KATELLA BAKERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL KATELLA BAKERY BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. KATELLA BAKERY TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
WITHOUT LIMITING ANY OF THE FOREGOING, IF KATELLA BAKERY IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT, IN ANY CALENDAR YEAR, EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR USE OF THE SITE OR $100.
These disclaimers and limitations do not limit liability that cannot be excluded under the law.
14. PRIVACY POLICY
Any information that Katella Bakery may obtain from you during your use of this Site is subject to our Privacy Policy, which is incorporated by this reference into these Terms. For the full text of our Privacy Policy, please click here.
15. TIME TO BRING CLAIM
Any claim or cause of action you may have with respect to this Site, including without limitation your ability to access or use this Site, must be commenced within one (1) year after the claim or cause of action arose.
16. JURISDICTION
Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this Site shall be resolved in accordance with the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney's fees and costs.
17. SEVERABILITY
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
18. WAIVER
Failure or delay by Katella Bakery to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by Katella Bakery of any provision shall be deemed to have been made unless made in writing.
19. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please CONTACT US (with “California Resident Request” as the Subject Line), call us at 562-596-0200,or send a letter to us at 2601 E. Willow Signal Hill, California 90755. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
20. CONTACT US
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site.
You may contact us at: help@katellabakery.com
