Terms & Conditions

THE STUFFED BURRITO CO.TM website is owned and operated by Ethnic Food Concepts LLC (“EFC”), a Kansas limited liability company.  Your use of the THE STUFFED BURRITO CO.TM website located at www.thestuffedburritoco.com and any other sites, mobile sites, social media, services, applications, platforms, and tools owned by EFC through which THE STUFFED BURRITO CO.TM branded products and services may be purchased from EFC and/or are advertised by EFC (collectively, the "Site") is subject to your acceptance of these Terms & Conditions (“Terms”).

PLEASE READ THE FOLLOWING CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

By accessing the Site, you confirm and affirm that you have read, understood, and agree to these Terms. If you do not agree to these Terms, do not use the Site.  You must comply with these Terms to continue to use the Site.  We may discontinue your use of the Site, or any of its functions, features or Content (defined below), in our sole discretion and in addition to any other remedies available to us, without notice to you.

We may update these Terms from time to time, so check the revised effective date at the bottom of these Terms. By using the Site after the effective date of such changes, you accept the new Terms.

License and User Conduct

EFC grants you a limited, nonexclusive, nontransferable, personal, revocable license to access and use the Site only for your purposes and strictly in accordance with these Terms.

These Terms apply to any upgrades by EFC that amend, replace, and/or supplement the version of the Site that you initially used or accessed unless the upgrade is expressly governed by a separate license. All rights not expressly granted in these Terms are reserved for EFC.

You agree that you will comply with these Terms and that you will not engage in conduct that: (a) is fraudulent or threatening to others, or negatively impacts others’ ability to use the Site (b) involves or contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Site; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Site for any other authorized user; or (g) violate any applicable local, state, national or international law.
‍
You also agree that you will not (h) attempt to gain unauthorized access to any portion or feature of the Site or our systems, networks or servers by hacking, password “mining” or any other illegitimate means. You agree not to (i) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, systems, networks or servers to obtain or attempt to obtain any Content, materials, documents, or information through any means not purposely made available through the Site.  Finally, you agree not to (j) reverse engineer any aspect of the Site or disassemble any code for the Site.  We reserve the right to bar any such activity or use in our sole discretion.

Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content, the Site, our products or services, or access to the same or any portion thereof. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Site or our products or services, any updates, or any part thereof except as expressly permitted herein.

We may make improvements, changes, or amendments to the information, services, products, and other materials on the Site, or terminate the Site, or your access to the Site, at any time in our sole discretion. We reserve the right to change, suspend, remove, or disable access to the Site at any time without notice. In no event will we be liable for the removal or disabling of access to the Site. We may also impose limits on the use of or access to the Site, or portions thereof, in any case and without notice or liability.

The Site that may be accessed from, displayed on, or linked to your mobile device or PC is not available in all languages or in all countries. We make no representations that the Site is appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

Any use of the Site in violation of these Terms shall immediately terminate any and all permissions or licenses granted by EFC to the Site or its Content.

Information You Provide

“Personal Information” as defined in our Privacy Policy will be used and protected in accordance with that Policy.  The “information” and “material” described in these Terms does not include your Personal Information unless specifically noted.

You agree that all information you provide to us will be true, accurate, current, and complete.  You represent and warrant that you have the legal right to provide it, and it does not violate any third party’s intellectual property or privacy rights.

By sending or otherwise providing any information or material, you grant EFC an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit, and distribute it.  You agree that EFC is free to use any ideas, concepts, know-how, or techniques that you provide us for any purpose, including creating derivative works.

You agree that we may collect and use technical data and related information, including but not limited to, technical information about the device, systems, software, and device peripherals you use to access the Site.

You also agree that we may collect information about your activities on the Site, like the duration and frequency of your usage sessions, information regarding application crashes, screens viewed, gestures (i.e., taps, swipes, pinches, etc.), first-time or returning user status, links you click, flow and navigation path.

We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. More on the collection and use of this and other information we may collect from you can be found in our Privacy Policy.

Third-Party Sites and Information

Our Site may have links to other websites or make reference to information, documents, software, materials, and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication.

You agree that EFC is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource.

You agree to remove and/or disable any third-party link upon our demand. You may not frame or utilize framing techniques to enclose any marks, photographs, proprietary information, or other Content (including images, text, page layouts, etc.) of EFC website without the express written consent of EFC.

Indemnification

You agree to defend, indemnify, and hold EFC and its affiliates, partners, agents and subsidiaries, harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site or the Content, or by any conduct by you, or those acting on your behalf, that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Intellectual Property

The entire content of the Site, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is owned, controlled, or licensed by or to EFC. Your use of the Site does not grant you any rights to any of the Content.

The Site and its Content, except for those aspects in the public domain, are protected from unauthorized copying and dissemination by United States laws for copyright, trademark, trade dress, unfair competition, as well as international conventions and other intellectual property laws.

All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of EFC or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

You may not copy, reproduce, duplicate, republish, upload, sell, resell, exploit, post, publicly display, encode, translate, transmit, or distribute, in any way (including “mirroring”) to any other computer, server, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing EFC website name or trademarks without EFC’s express written consent.

Nothing on the Site should be construed as granting any license or right to use the Site or the Content except as permitted or consented by these Terms.

Digital Millennium Copyright Act Notice

EFC respects the intellectual property rights of others and users of the Site are expected to do the same.  We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.

If you believe our Site (or any portion of it) infringes your copyright, please provide the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed
  • A description of the copyrighted work that you believe has been infringed
  • The location on the Site of this allegedly infringing material
  • Your address, telephone number and email address and any other pertinent information sufficient to allow EFC to contact you
  • 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
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf

Notices of claimed copyright infringement should be directed to:

By mail: Ethnic Food Concepts LLC, attention Privacy Agent, 15460 S. Mahaffie St., Olathe, KS 66062

By email: info@thestuffedburritoco.com

(Please include “notice of infringement” in the subject line.)

No Warranties

THE SITE AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.

WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR ITS CONTENTS.

WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE OR ITS CONTENT.

The information on the Site or in these Terms does not constitute the rendering of legal, accounting, tax or other such professional advice.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EFC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

Governing Law and Jurisdiction

These Terms and the resolution of any dispute related to these Terms, the Site, or the Content, will be governed by and construed according to the laws of Kansas without regard to its conflicts of laws principles.  Any action to enforce these Terms or a matter or dispute arising out of the Site or its Content will be held in and subject to the exclusive jurisdiction and venue of the federal courts in Kansas City, Kansas or the state courts located in Johnson County, Kansas.

Failure by EFC to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by EFC.

If any of these Terms are deemed invalid, void, or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.

Miscellaneous

You may not assign or transfer your rights or obligations under the Terms, by operation of law or otherwise, without EFC’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. EFC may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

The trademarks and other logos, product, and service names are trademarks and service marks owned by or licensed to EFC or its affiliates. You agree not to display or use the trademarks in any manner without the prior written permission of EFC or its appropriate affiliates.

All other trademarks are the property of their respective owners.

Contacting Customer Service

If you have any questions regarding the Site or our products, please contact our customer service department at: info@thestuffedburritoco.com.

Last Modified: 7/24/2023