Terms Of Use

Effective Date:May 1, 2015 | Last Modification: May 1, 2015

Your access to and use of the Happy Mexican website accessible at http://www.happymexican.com (“Site”) is governed by the terms and conditions of this terms of use agreement (“Terms of Use” or “TOU”). By accessing or using the Site, you accept and agree to be bound by the Terms of Use, which may change from time to time. If you do not agree to the Terms of Use, you should not access or use our Site. If you do not comply with the Terms of Use, we reserve the right to terminate your password, user account, and/or access to this Site or any part thereof.

 

Intellectual Property

Happy Mexican owns the content on the Site, including, but not limited to content, products, services, text, photographs, illustrations, images, designs, graphics, files, information, instructions, recipes, printables, downloadable publications, sounds, music, videos, advertising copy, website layout and website “look and feel,” design, functions and software (collectively, “Content”), any and all derivative works or enhancements of the Content, the compilation, assembly and arrangement of the copyrightable material on the Site, and all intellectual property rights to the Content, including derivative works, enhancements, compilations, assembly and arrangements of the same, unless otherwise expressly stated on the Site. By accessing or using the Site and/or Content, you do not acquire any right, title or interest in the Site or the Content.

You may not copy, distribute, publicly perform, publicly display, digitally perform, or create derivative works from any copyrighted work available or accessible on the Site without our express permission.

Nothing in the Terms of Use shall be construed as granting any license or right to use Happy Mexican trademarks, service marks, logos, slogans or taglines displayed on the Site.

 

Access and Use

Your use of the Site is intended for personal, non-commercial use only. In accessing or using the site, you agree to comply with all applicable federal, state, and local laws. Except as expressly permitted by the Terms of Use or any other applicable Happy Mexican agreement or terms, you agree that you will not use, reproduce, distribute, publicly display, publicly perform, publish, transmit, create derivative works from, or otherwise unlawfully use Happy Mexican Content.

If you purchase downloadable Content or access free downloadable Content from the Site, your access and use to such material is limited to personal, non-exclusive, non-commercial, non-assignable, non-transferrable use only.

 

Privacy

We are committed to protecting your privacy and security. Please read our Privacy Policy, which is incorporated into the Terms of Use by reference.

 

Links to Third Party Websites

We sometimes provide links to third party websites on our Site. If you choose to click on a third party website link on our Site, you acknowledge and agree that Happy Mexican has no control over or responsibility for the information, content, products, services, advertising or information collection practices of the third party site(s). We do not make any representations or warranties regarding the accuracy, security or legal or regulatory compliance of third party websites and you agree to assume the risks, responsibilities, and consequences resulting from your use or access of third party websites.

 

Disclaimer of Warranty

YOU UNDERSTAND AND AGREE THAT THE SITE, ITS CONTENT, AND THE INFORMATION, MATERIALS AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON THE SITE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESSING, USING OR DOWNLOADING ANY MATERIAL OR PRODUCT FROM Happy Mexican OR THE SITE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THAT YOUR USE OR ACCESS TO THE SITE, ITS CONTENT, OR HAPPY MEXICAN PRODUCTS WILL BE ERROR-FREE OR VIRUS FREE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF WARRANTIES ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.

 

Termination

Your sole right with respect to dissatisfaction with the Site, Content or the Terms of Use is to stop accessing or using our Site or Content. We reserve the right to terminate, suspend or block your access to the Site and/or its Content at any time for any reason in our sole discretion. Any termination, suspension or restriction shall not affect your obligations under the Terms of Use and the provisions of the Terms of Use, including your obligations and agreements under the Terms of Use, such as the provisions relating to intellectual property, licenses, limitations of liability, or payment, for example, shall survive such termination, suspension or restriction.

 

Choice of Law, Jurisdiction, Venue

These Terms of Use shall be construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws rules. You agree to the exclusive jurisdiction and venue of the state and/or federal courts located in Memphis, Tennessee, and any action or proceeding, in law or in equity, arising out of the Terms of Use must be brought in the state or federal courts of Memphis, Tennessee.

 

Miscellaneous Terms

The Terms of Use and our Privacy Policy constitute the entire understanding and agreement between you and Happy Mexican. We may assign our rights and obligations under the Terms of Use. The Terms of Use will insure to the benefit of our successors, assigns and licensees. You may not assign, transfer or sublicense any or all of Happy Mexican rights or obligations or your rights or obligations under the Terms of Use. If any provision of the Terms of Use is found to be unenforceable, void or unlawful, then that provision shall be deemed severable from the Terms of Use and the remaining Terms of Use provisions shall remain in full force and effect.

Privacy Policy

Effective Date: May 1, 2015 | Last Modification: May 1, 2015

At Happy Mexican, Inc (“Happy Mexican”) we are committed to respecting your privacy choices and being transparent about what information we collect from you and how we use that information. We do not share, sell, license, trade, or rent your personal information to others except in the ways disclosed in this Privacy Policy.

Our Privacy Policy explains:

  • Why we collect personally identifiable information;
  • What personally identifiable information we collect;
  • How we use that information, including how the information is stored and whether we share the information with third parties; and
  • Your choices regarding our collection, use, and distribution of that information.

Type of data being collected

In order to provide you with the services you require, we may collect and keep a record of personal information about you from our websites, emails, and written communications. When you use one of our websites, you may be required to provide certain information such as your name, address, email address and telephone number. We may also ask you for additional optional information such as mobile phone number, fax, details, etc.

Please let us know if any of your personal information changes or is inaccurate so that we may keep our records up-to-date.

You have the right to prevent marketing information being sent to you. If you prefer not to receive information about products and services please let us know.

SPAM Email Warning

We will never request that you confirm any personal information in an email. Whilst we do have a targeted e-communication program, we will never ask for you to confirm any of your personal details such as: Name, Address, Date of Birth etc. Should you receive any such emails we suggest that these are likely to be fraudulent and advise you NOT TO RESPOND. We suggest that any emails of this nature that you receive should be flagged and added to your blocked email address lists.

Usage of information

We may use the information we collect from you in various ways, including

  • to protect our websites and systems against unauthorized access;
  • to process any orders placed by you;
  • to communicate with you, for example in relation to urgent calls;
  • for maintaining our records;
  • for market research;
  • to track activity on our website;
  • to improve the quality of our service;
  • to create an individual profile for you so that we can inform you of particular goods, services or events that may be of interest to you.

Disposition of data

We will not disclose this information to anyone outside of Happy Mexican, our affiliated or associated companies, agencies and licensees, and any other companies with which Happy Mexican has established services for your benefit.

Data Protection Acts

All information we collect about you will be used and protected by us in accordance with current data protection law and this Privacy Policy.

Cookies

We use standard technology called 'cookies' on this site. Cookies are small pieces of information that are stored by your browser on your computer's hard drive. We need this information to identify you and to store information about the products you select between visits. This helps us to improve our service to you. Although most browsers automatically accept cookies you can usually change your browser to prevent cookies being stored. If you do turn cookies off, however, this will limit the service that we are able to provide to you.

Third party links

This website may contain links to other websites or links to download software from other websites. We have no control over and are not responsible for the content of, privacy policies or security of such sites. We recommend that you check the privacy and security policies of each website you visit.

Access to personal data

You have the right to receive information about the personal data we hold about you.

How to contact us

If you require further information or have any comments or questions about this website or any aspect of our services please use the information contained in the Contact Us section of our website.