Terms and Conditions
Last updated: June 09, 2019
Terms of Use
Welcome to our site! We built our website to share information about our company, our restaurants, our food, and our culture; to provide information about how we make our food, and to provide updates related to our company.
The following terms govern your access to and use of any website or application owned or hosted by Fuego y Arroz, LLC, its associated entities, or its subsidiaries (collectively, “we,” and “us”) that links to these terms, including any content and services offered through such a website or application (collectively, the “Site”). By using our Site, you agree to these terms and our privacy policy. If you do not agree to these terms, you may not use the Site.
These terms constitute a binding agreement between you and Fuego y Arroz, LLC. We may revise and update these terms from time to time without notice. All changes are effective immediately when we post them. Your continued use of our Site following the posting of revised terms means that you accept and agree to the changes.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://valenciangold.com website (the “Service”) operated by Fuego y Arroz, LLC d/b/a Valencian Gold (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Intellectual Property
The Service and its original content, logos and branding, features and functionality are and will remain the exclusive property of Fuego y Arroz, LLC d/b/a Valencian Gold, its associated companies and subsidiaries, and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fuego y Arroz, LLC d/b/a Valencian Gold.
Trademarks and Other Intellectual Property Rights
Paella for the People and the Valencian Gold logo are pending trademarks of See You Tomorrow Hospitality Group, LLC and/or Fuego y Arroz, LLC. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without our prior written permission. All other names, logos, product and service names, designs and slogans that may appear on the Site are the trademarks of their respective owners and may not be used, copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified without express permission from the respective owner. The use of our trademarks on any other website is not allowed. We prohibit the use of any of our trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
Permitted and Prohibited Uses
Any private or public communications, including any User Content, must conform, in the sole and exclusive opinion of Fuego y Arroz LLC, to the following rules and standards.
It must: (i) conform to all applicable laws, including intellectual property, privacy and defamation laws, (ii) be appropriate in the context of the general purposes of the Website; (ii) not be vulgar, derogatory, obscene, pornographic, patently offensive, defamatory hateful, abusive or promote racism or discrimination of any kind; (iii) not provide personal information, or solicit such information from any other user of the Website; (iv) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (v) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; and (vi) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by these Terms of Use; (vii) Attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
Unsolicited Submissions Policy
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy (“Policy”, any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit to us through the Online Services, via phone, website, email, or otherwise (collectively, “Submissions”) will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.
We may, but shall not be obligated to, in our sole discretion, post any Submission on the Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
Reliance pertaining to Information in the Site
The information (“Information”) presented on the Site is made available solely for general informative purposes, including but not limited to store location, hours, pricing information, and product details. The Information may change from time to time, and 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. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. In the event that any product available through or listed on the Site is mistakenly listed at an incorrect price or with other incorrect information, we reserve the right to either refuse or cancel the order or to charge you the correct price when you come to pick up your order.
Food Allergen and Assumption of Risk Statement
We take the following precautions to avoid risk of allergic reactions pertaining to the foods that we serve, but there is always a risk of contamination: (1) we exercise care in identifying ingredients that may cause allergic reactions for those with food allergies; (2) we train our food production staff on commercially reasonable industry practices to minimize cross-contamination; and (3) as reasonable, required, and necessary.
By dining at our establishments, you assume all risks, known and unknown, foreseeable and unforeseeable, pertaining to the consumption of our products. Although we will do our best to accommodate food allergies and preferences of which we are aware, you retain the sole responsibility for ensuring that the food and beverages that you choose to consume are consistent with your personal food restrictions, preferences, medical needs, and food allergies, and you agree to waive all claims against the Company arising out of my consumption of any and all food and beverages to which you may have an allergy or aversion.
Age Restriction/COPPA Statement
The Site is intended for use by persons 13 years of age or older. If you are not 13 years of age or older, you are prohibited from submitting any personal information through the Site unless we have obtained the consent of your parent. We do not knowingly collect information for anyone under 13 and will delete any such personal information upon knowledge of said information.
Links To Other Web Site
Our Service may contain links to third party web sites or services that are not owned or controlled by Fuego y Arroz, LLC d/b/a Valencian Gold
Fuego y Arroz, LLC d/b/a Valencian Gold has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Fuego y Arroz, LLC d/b/a Valencian Gold shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Fuego y Arroz, LLC d/b/a Valencian Gold and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Fuego y Arroz, LLC d/b/a Valencian Gold, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Acquisition of Business
In the event that Fuego y Arroz LLC, any of its associated entities, or its subsidiaries is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of Fuego y Arroz LLC and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Fuego y Arroz, LLC d/b/a Valencian Gold its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us at hello@valenciangold.com.