Last Updated: August 28, 2026
These Terms of Use (“Terms”) govern your access to and use of juliapacheco.com and any related websites, pages, content, features, services, digital materials, communications, and other services operated by Pacheco Enterprises, Inc. d/b/a Julia Pacheco (“Pacheco Enterprises,” “Company,” “we,” “us,” or “our”) that reference or link to these Terms (collectively, the “Services”).
Please read these Terms carefully.
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
Certain products, memberships, promotions, contests, stores, platforms, or services may be subject to additional terms or policies. If additional terms apply, those terms will be presented in connection with the applicable service and will control in the event of a direct conflict with these Terms with respect to that service.
1. ELIGIBILITY AND ACCEPTANCE OF TERMS
1.1 Eligibility
The Services are not directed to children under 13.
If you are under the age of majority where you live, you may use the Services only with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf.
Certain purchases, accounts, promotions, or other features may have additional age requirements.
1.2 Agreement
By accessing, browsing, registering for, purchasing through, subscribing to, or otherwise using any portion of the Services, you acknowledge that you have read, understood, and agree to these Terms.
1.3 Privacy Policy
Your use of the Services is also subject to our Privacy Policy:
The Privacy Policy explains how we collect, use, disclose, and otherwise process personal information.
2. CHANGES TO THESE TERMS
We may modify these Terms from time to time to reflect changes in our Services, business practices, technology, legal requirements, or other circumstances.
The “Last Updated” date at the top of these Terms indicates when they were most recently revised.
Unless applicable law requires otherwise, revised Terms become effective when they are posted. When legally required or when we determine a change is material, we may provide additional notice.
Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
3. COMPANY INTELLECTUAL PROPERTY
3.1 Ownership
The Services and the materials contained within them are owned by or licensed to Pacheco Enterprises and are protected by applicable intellectual-property laws.
Protected materials may include, without limitation:
- written content;
- original recipe descriptions and expressive recipe instructions;
- articles and blog posts;
- photographs;
- videos;
- audio;
- graphics;
- logos;
- branding;
- designs;
- downloadable materials;
- cookbooks;
- meal plans;
- guides;
- newsletters;
- course or membership materials;
- compilations and arrangements of content;
- website design;
- software;
- databases; and
- other original creative materials.
Nothing in these Terms transfers ownership of Company intellectual property to you.
3.2 Recipes and Copyright
We recognize that copyright law does not necessarily protect basic ingredient lists, facts, ideas, procedures, or methods by themselves.
However, copyright and other laws may protect the original expressive portions of our content, including written descriptions, explanatory text, photographs, videos, graphics, creative presentation, compilations, and other original expression.
Nothing in these Terms is intended to restrict uses that applicable law expressly permits.
3.3 Limited Personal License
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your own personal and non-commercial purposes.
You may print or save individual recipes for your personal, non-commercial use.
No other rights are granted unless we expressly agree otherwise in writing.
3.4 Unauthorized Republishing and Commercial Use
Except where permitted by law or authorized by us in writing, you may not:
- reproduce substantial portions of our content;
- republish our articles or recipe write-ups;
- copy or redistribute our photographs or videos;
- compile our content into another recipe database, website, application, newsletter, cookbook, course, or commercial publication;
- sell, license, sublicense, or commercially distribute our content;
- remove copyright, trademark, attribution, or proprietary notices;
- represent Company content as your own;
- create commercial derivative materials substantially based on protected Company content; or
- otherwise exploit protected Company content for commercial purposes without permission.
3.5 Automated Access, Scraping, and Data Extraction
Except as permitted by applicable law or authorized by us in writing, you may not use automated systems, bots, spiders, scrapers, crawlers, data-mining systems, bulk-download tools, or similar technologies to access, copy, extract, reproduce, collect, or compile Company content.
This restriction does not prohibit ordinary indexing by legitimate search engines in accordance with our technical instructions and applicable law.
3.6 Artificial Intelligence and Machine Learning
Except as authorized by us in writing or otherwise permitted by applicable law, you may not systematically copy, scrape, download, or acquire protected Company content for the purpose of developing, training, fine-tuning, supplying, operating, or improving a competing commercial artificial-intelligence system, recipe database, content-generation system, or similar commercial product.
4. TRADEMARKS AND BRANDING
Company names, logos, product names, slogans, designs, graphics, trade dress, and other source identifiers used through the Services may be trademarks or other proprietary identifiers belonging to Pacheco Enterprises or third parties.
Nothing contained in the Services grants you a license to use any Company trademark, trade name, logo, or branding without prior written authorization.
You may not imply sponsorship, affiliation, approval, or endorsement by Company where none exists.
5. USER-GENERATED CONTENT
5.1 User Content
Certain portions of the Services may allow users to submit comments, reviews, photographs, messages, feedback, testimonials, suggestions, or other material (“User Content”).
You remain responsible for User Content you submit.
5.2 Your Representations
By submitting User Content, you represent that:
- you own the User Content or have sufficient rights to submit it;
- your submission does not knowingly infringe another person’s intellectual-property, privacy, publicity, contractual, or other rights;
- your submission does not violate applicable law; and
- the information you provide is not intentionally false, fraudulent, defamatory, threatening, or unlawful.
5.3 License to User Content
When you voluntarily submit User Content through the Services, you grant Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, format, distribute, and otherwise use that User Content as reasonably necessary to operate, provide, improve, and promote the Services.
For publicly submitted content such as reviews or public comments, this license includes the ability to display or reference that content in connection with Company websites, social media, marketing, or promotional materials.
This license does not transfer ownership of your User Content to us.
5.4 Moderation
We may, but are not obligated to, monitor, review, edit, restrict, refuse, or remove User Content.
We may remove User Content for any lawful reason, including violation of these Terms.
5.5 Public Information
Information you choose to post publicly may be visible to other users and members of the public.
Do not post information publicly that you wish to keep private.
6. PROHIBITED CONDUCT
You agree not to use the Services to:
- violate applicable law;
- infringe intellectual-property rights;
- impersonate another person or entity;
- misrepresent your affiliation with another person or entity;
- transmit viruses, malware, malicious code, or harmful technology;
- interfere with the operation or security of the Services;
- attempt unauthorized access to accounts, servers, systems, or networks;
- probe or test system vulnerabilities without authorization;
- circumvent technical restrictions or security controls;
- collect other users’ personal information without authorization;
- engage in harassment, threats, fraud, or unlawful conduct;
- use the Services in a manner that materially interferes with another person’s use of them;
- use Company content commercially except as permitted by these Terms or authorized in writing;
- remove proprietary notices;
- falsely imply Company endorsement;
- use automated systems in violation of Section 3;
- engage in fraudulent purchasing or payment activity; or
- assist another person in doing any of the foregoing.
We reserve the right to restrict or terminate access to the Services when we reasonably believe these Terms have been violated.
7. THIRD-PARTY SERVICES, LINKS, PRODUCTS, AND ADVERTISING
7.1 Third-Party Services
The Services may contain links to, integrations with, embedded content from, or references to third-party websites, applications, platforms, products, or services.
Third-party services are controlled by their respective operators, not Company.
We do not control and are not responsible for the privacy practices, security, availability, accuracy, policies, content, or practices of third-party services.
Your use of a third-party service is subject to that third party’s applicable terms and policies.
7.2 Advertising
The Services may display advertising provided or facilitated by third parties.
Company does not manufacture or control third-party products merely because they are advertised through the Services.
Statements, guarantees, claims, warranties, or representations made by advertisers are the responsibility of the advertiser or product provider.
7.3 Affiliate Links
Some content may contain affiliate links or other compensated links.
We may receive a commission or other compensation when users purchase products or services through certain links, at no additional cost to the purchaser where applicable.
Affiliate relationships do not change your responsibility to independently determine whether a product or service is appropriate for you.
8. RECIPE, COOKING, FOOD SAFETY, AND NUTRITION DISCLAIMER
8.1 General Informational Content
Recipes, cooking demonstrations, cooking instructions, ingredient suggestions, nutritional information, meal plans, kitchen information, and other food-related materials made available through the Services are provided for general informational and entertainment purposes.
Company and its content creators do not provide medical, dietetic, nutritional, or professional food-safety advice through the Services.
Our content should not be treated as a substitute for advice from an appropriately qualified professional.
8.2 Recipe Results May Vary
Cooking results can vary significantly.
Factors affecting results may include:
- ingredients;
- substitutions;
- brands;
- freshness;
- altitude;
- humidity;
- ovens;
- stovetops;
- slow cookers;
- pressure cookers;
- air fryers;
- microwaves;
- cookware;
- equipment calibration;
- cooking technique;
- portion size; and
- individual preferences.
We do not guarantee that your results will be identical to results shown or described through the Services.
8.3 Food Safety
You are responsible for safely selecting, storing, preparing, handling, cooking, serving, and consuming food.
You are responsible for following appropriate food-safety practices, including practices related to:
- refrigeration;
- freezing;
- thawing;
- reheating;
- sanitation;
- handwashing;
- cleaning;
- cross-contamination;
- storage times; and
- safe food handling.
You should consult current government food-safety guidance or other qualified sources when appropriate.
8.4 Cooking Temperatures
You are solely responsible for determining whether food has reached a safe internal temperature before consuming or serving it.
Cooking times appearing in recipes are estimates and may not ensure that food has reached a safe temperature in every kitchen, appliance, altitude, or circumstance.
Use an appropriate food thermometer when necessary and verify current food-safety guidance for the food being prepared.
8.5 Allergies and Dietary Restrictions
Recipes may contain or come into contact with allergens.
You are solely responsible for determining whether ingredients, products, substitutions, preparation methods, restaurants, manufacturers, or recipes are appropriate for you and anyone to whom you serve food.
Ingredient formulations and manufacturing practices may change without notice.
Always review current product labels and contact manufacturers when necessary.
Company cannot guarantee that any recipe, ingredient, kitchen, product, restaurant, or food is free from allergens or cross-contact.
8.6 Ingredient Substitutions
Ingredient substitutions may materially affect taste, texture, cooking time, food safety, nutritional information, or recipe results.
When you substitute ingredients, you are responsible for determining whether the substitution is safe and appropriate.
8.7 Nutritional Information
Any nutritional information displayed through the Services is an estimate unless expressly stated otherwise.
Nutritional values can vary based on brands, serving sizes, ingredient substitutions, measurement techniques, preparation methods, databases, and other factors.
Nutritional information should not be relied upon as medical or dietary advice.
If nutrition is important to your health or medical care, consult an appropriately qualified professional and independently verify the information.
8.8 Medical and Dietary Conditions
If you have allergies, dietary restrictions, medical conditions, are pregnant or nursing, take medications, or have other health concerns that may be affected by food or nutrition, consult an appropriate healthcare professional regarding your individual circumstances.
8.9 Assumption of Cooking Risk
Cooking and food preparation involve ordinary risks, including burns, cuts, spills, equipment malfunction, allergic reactions, foodborne illness, and property damage.
By voluntarily following recipes or cooking information provided through the Services, you acknowledge these risks and accept responsibility for using reasonable judgment, proper equipment, safe food handling, and appropriate precautions.
Nothing in these Terms excludes liability that cannot legally be excluded.
9. KITCHEN EQUIPMENT AND HOUSEHOLD PRODUCTS
Company may demonstrate, mention, review, recommend, link to, or otherwise discuss kitchen appliances, utensils, cookware, household products, ingredients, or other products.
You are responsible for:
- reading manufacturer instructions;
- complying with warnings;
- properly operating equipment;
- maintaining equipment;
- supervising children where appropriate;
- determining whether equipment is appropriate for your intended use; and
- following applicable safety guidance.
Company is not the manufacturer of third-party products unless expressly stated otherwise.
Product defects, recalls, warranties, and manufacturer representations are generally governed by the manufacturer or seller.
10. PURCHASES, PRODUCTS, AND DIGITAL CONTENT
10.1 Separate Store Terms
Certain Company products may be sold through a separate online store or third-party platform.
Purchases made through another store or platform may also be governed by the terms, refund policy, shipping policy, privacy policy, and other policies presented during that transaction.
Where transaction-specific terms conflict with these general Terms, the transaction-specific terms govern that purchase to the extent of the conflict.
10.2 Product Information
We attempt to describe products accurately, but we do not guarantee that every product description, photograph, specification, price, availability statement, or other listing will always be complete, current, or error-free.
We may correct errors and update information as permitted by law.
10.3 Pricing
Prices may change without notice unless a specific price has already become contractually binding under applicable law.
Applicable taxes, shipping charges, and other fees may be added at checkout.
10.4 Orders
We reserve the right, subject to applicable law, to reject, limit, cancel, or refund an order when reasonably necessary, including because of:
- product unavailability;
- pricing or listing errors;
- suspected fraud;
- payment problems;
- shipping limitations; or
- other legitimate business reasons.
10.5 Digital Products
Digital products, downloads, meal plans, ebooks, printables, or other digital materials are licensed for the purchaser’s personal use unless the applicable product expressly states otherwise.
Purchasing digital content does not transfer copyright or ownership of the underlying intellectual property.
10.6 Refunds and Returns
Refunds, returns, cancellations, and exchanges are governed by the policy presented in connection with the particular purchase.
Nothing in these Terms eliminates rights you may have under applicable consumer-protection law.
10.7 Physical Products
Variations in printing, packaging, color, size, appearance, ingredients, or other characteristics may occur where reasonable or disclosed.
For third-party manufactured products, applicable manufacturer warranties may apply separately.
11. ACCOUNTS, MEMBERSHIPS, AND PASSWORDS
11.1 Account Information
Certain Services may allow or require you to create an account.
You agree to provide accurate information and maintain it as reasonably necessary.
11.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for activity you reasonably control through your account.
Notify us promptly if you become aware of unauthorized access.
11.3 No Credential Sharing
You may not share access credentials for paid digital content or memberships with unauthorized users when access is sold or licensed on an individual basis.
11.4 Suspension or Termination
We may suspend or terminate accounts for fraud, nonpayment, security concerns, material violations of these Terms, intellectual-property violations, abuse of other users, or other legitimate reasons.
Any refund following termination is governed by the applicable purchase or membership policy and applicable law.
12. EMAIL, MOBILE NETWORKS, TEXT MESSAGING, AND ELECTRONIC COMMUNICATIONS
12.1 Electronic Communications
When you communicate with us electronically, subscribe to communications, create an account, or use the Services, you consent to receive communications electronically where permitted by law.
Electronic communications may include notices, confirmations, receipts, account information, policy updates, and other transactional communications.
12.2 Marketing Emails
Where permitted by law, we may send marketing emails to users who have subscribed or otherwise consented to receive them.
You may unsubscribe from marketing emails using the unsubscribe mechanism contained in the applicable communication.
Unsubscribing from marketing messages does not necessarily stop transactional or legally required communications.
12.3 Mobile Networks
When you access the Services using a mobile device or mobile network, your carrier’s ordinary data, messaging, roaming, or other charges may apply.
Company is not responsible for charges imposed by your telecommunications provider.
12.4 Text Messaging
If Company offers an SMS or text-messaging program and you voluntarily enroll, you may receive recurring text messages in accordance with the disclosures provided when you enroll.
Message frequency may vary.
Message and data rates may apply.
Consent to receive marketing text messages is not a condition of purchasing Company products unless expressly permitted by applicable law.
12.5 Opting Out of Text Messages
Where an SMS program is offered, you may generally opt out of marketing texts by replying STOP or by following the opt-out instructions provided with the program.
You may receive a confirmation message following an opt-out request.
12.6 Help With Text Messages
Where supported, you may reply HELP for assistance or contact us using the information at the end of these Terms.
12.7 Carrier Availability
Text messaging services may not be available through all telecommunications carriers, devices, networks, or geographic areas.
We do not guarantee continuous delivery of text messages.
12.8 Electronic Signatures and Records
To the extent permitted by applicable law, you agree that electronic communications, agreements, notices, disclosures, and records may satisfy legal requirements that such communications be in writing.
13. PRIVACY, COOKIES, AND ACCESSIBILITY
13.1 Privacy
Our collection and use of personal information is described in our Privacy Policy:
13.2 Cookies and Similar Technologies
The Services may use cookies and similar technologies for purposes including functionality, analytics, advertising, personalization, security, and performance.
For additional information, review our Privacy Policy and any privacy or cookie controls made available through the Services.
13.3 Accessibility
We are committed to working toward an accessible and usable website for the widest reasonably practicable audience.
Accessibility is an ongoing process, and websites and third-party technologies may change over time.
Our Accessibility Statement is available at:
If you experience difficulty accessing content or a feature of the Services, please contact us so we can attempt to provide assistance and evaluate the issue.
14. COPYRIGHT COMPLAINTS AND DMCA POLICY
We respect the intellectual-property rights of others.
If you believe material available through the Services infringes a copyright you own or are authorized to enforce, you may send us a written notification containing information required by applicable copyright law.
A copyright notification should include:
- identification of the copyrighted work claimed to have been infringed or, where multiple works are involved, a representative list;
- identification of the allegedly infringing material and sufficient information for us to locate it;
- your contact information;
- a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or applicable law;
- a statement that the information in your notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
- your physical or electronic signature.
Copyright notices may be sent to:
Knowingly making material misrepresentations in a copyright notification may result in liability under applicable law.
We reserve the right to remove or disable access to allegedly infringing material and to address repeat infringement where appropriate.
15. DISCLAIMER OF WARRANTIES
15.1 Services Provided “As Is”
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
15.2 No Guarantee
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT WHERE SUCH WARRANTIES CANNOT LEGALLY BE DISCLAIMED.
15.3 Availability
We do not guarantee that the Services will always be:
- available;
- uninterrupted;
- secure;
- error-free;
- free from harmful components; or
- compatible with every device or browser.
15.4 Accuracy
Although we attempt to provide useful and accurate content, we do not guarantee that all information through the Services will always be accurate, complete, current, or free from errors.
15.5 Third-Party Information
We do not guarantee information, advertisements, products, services, representations, or content supplied by third parties.
15.6 Recipe and Product Results
We do not guarantee specific results from recipes, meal plans, techniques, products, equipment, recommendations, or other information provided through the Services.
Your results may differ materially based on circumstances outside our control.
16. LIMITATION OF LIABILITY
16.1 Excluded Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, PACHECO ENTERPRISES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICES.
THIS MAY INCLUDE, WHERE PERMITTED BY LAW, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, OR SIMILAR DAMAGES.
16.2 Liability Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID DIRECTLY TO COMPANY FOR THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR
- ONE HUNDRED U.S. DOLLARS ($100).
16.3 Exceptions
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
Some jurisdictions do not permit certain limitations of liability, so portions of this Section may not apply to you.
17. INDEMNIFICATION
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Pacheco Enterprises and its affiliates, officers, directors, employees, contractors, agents, and service providers from third-party claims, liabilities, damages, losses, and reasonable expenses arising from:
- your unlawful misuse of the Services;
- User Content you submit;
- your material violation of these Terms; or
- your infringement or violation of another person’s rights.
This provision does not require you to indemnify Company for claims resulting solely from Company’s own unlawful conduct where such indemnification is prohibited by law.
18. DISPUTE RESOLUTION, BINDING INDIVIDUAL ARBITRATION, AND CLASS-ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. SUBJECT TO THE EXCEPTIONS BELOW, IT REQUIRES DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN A JUDGE OR JURY IN COURT.
18.1 Covered Disputes
Except for disputes expressly excluded below, “Dispute” means a claim or controversy between you and Company arising out of or relating to:
- these Terms;
- the Services;
- your use of the Services;
- a transaction with Company; or
- the relationship between you and Company.
This definition should be interpreted broadly to the extent permitted by law.
18.2 Informal Dispute Resolution
Before beginning arbitration, the party asserting a Dispute must provide the other party with written notice describing:
- the party’s name and contact information;
- the nature and factual basis of the Dispute; and
- the relief requested.
Notices to Company should be sent to:
The subject line should state:
NOTICE OF DISPUTE
The parties agree to make a good-faith effort to resolve the Dispute informally for at least sixty (60) days after receipt of a complete Notice of Dispute before commencing arbitration.
Either party may seek temporary or emergency relief where waiting would cause legally cognizable irreparable harm.
18.3 Agreement to Arbitrate
If a Dispute cannot be resolved informally, you and Company mutually agree that the Dispute will be resolved by final and binding individual arbitration administered by JAMS, except as otherwise provided in this Section.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable.
Arbitration is less formal than court litigation and uses a neutral arbitrator instead of a judge or jury.
18.4 Mutual Obligation
The agreement to arbitrate applies mutually to both you and Company.
Neither party is required to arbitrate a category of claim while permitting itself to litigate that same category of claim, except for the express exceptions stated below or as otherwise permitted by law.
18.5 Small Claims Court
Either party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies for that court and remains an individual action.
18.6 Intellectual-Property Claims
Notwithstanding the arbitration requirement, either party may seek relief in a court of competent jurisdiction for claims primarily concerning:
- copyright infringement;
- trademark infringement or dilution;
- patent infringement;
- trade-secret misappropriation; or
- unauthorized access to or misuse of intellectual property where injunctive relief is sought.
18.7 Arbitration Rules
Arbitration will be administered pursuant to the applicable JAMS rules and, where the Dispute involves a consumer, the JAMS Consumer Minimum Standards in effect when arbitration is initiated.
If these Terms conflict with mandatory JAMS Consumer Minimum Standards, the applicable JAMS Consumer Minimum Standards will control.
18.8 Arbitration Fees
For a consumer arbitration initiated by a consumer, the consumer will be responsible only for the consumer fee required under the applicable JAMS Consumer Minimum Standards, currently no more than $250 unless a lower amount is required by law or JAMS.
Company will pay the remaining JAMS fees and arbitrator costs that Company is required to pay under the applicable JAMS Consumer Minimum Standards.
If Company initiates a consumer arbitration, Company will pay the arbitration costs required by the applicable JAMS Consumer Minimum Standards.
Each party will generally be responsible for its own attorneys’ fees unless applicable law, the JAMS rules, or the arbitrator permits or requires otherwise.
18.9 Location and Format
Arbitration may occur virtually, by telephone, through written submissions, or in person as permitted under the applicable JAMS rules.
The location and format of arbitration will not be selected in a manner that improperly prevents a consumer from reasonably accessing arbitration.
Where an in-person hearing is required, the location will be determined consistently with applicable law and JAMS Consumer Minimum Standards.
18.10 Arbitrator
The arbitration will be conducted by a neutral arbitrator.
The parties will have a reasonable opportunity to participate in selection of the arbitrator in accordance with applicable JAMS procedures.
18.11 Remedies
The arbitrator may award the individual claimant any remedy that would otherwise be available to that claimant under applicable law, subject to lawful limitations contained in these Terms.
18.12 Discovery
The parties will have access to reasonable discovery or exchange of non-privileged information relevant to the Dispute as permitted by applicable JAMS procedures and law.
18.13 Written Decision
The arbitrator will issue a written decision containing the disposition of the claims and the essential findings and conclusions on which the award is based, as required by applicable JAMS standards.
18.14 CLASS-ACTION WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY AGREE THAT EACH MAY ASSERT CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS.
NEITHER YOU NOR COMPANY WILL SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING TO THE EXTENT SUCH A WAIVER IS PERMITTED BY LAW.
AN ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PERSONS OR PRESIDE OVER A REPRESENTATIVE OR CLASS PROCEEDING UNLESS COMPANY EXPRESSLY AGREES IN WRITING OR APPLICABLE LAW REQUIRES OTHERWISE.
18.15 Arbitration Opt-Out
You may opt out of the arbitration agreement and class-action waiver in this Section by sending an email to:
within thirty (30) days after you first become bound by the arbitration provision.
Your email must:
- use the subject line ARBITRATION OPT OUT;
- provide your full name;
- provide the email address associated with your interaction with Company, if applicable; and
- clearly state that you wish to opt out of the arbitration agreement.
Opting out of arbitration will not affect the remaining provisions of these Terms.
18.16 Severability of Arbitration Provisions
If a portion of this arbitration agreement is found unenforceable, that portion will be severed to the extent legally permitted and the remainder will continue in effect.
However, if applicable law prevents enforcement of the class-action waiver with respect to a particular claim or requested remedy and requires that claim or remedy to proceed on a representative or class basis, that particular claim or remedy will proceed in the appropriate court rather than arbitration to the extent required by law.
18.17 Survival
This Section survives termination of your use of the Services to the extent permitted by law.
19. GOVERNING LAW AND VENUE FOR NON-ARBITRABLE DISPUTES
19.1 Governing Law
Except where federal law controls or applicable law requires otherwise, these Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles.
19.2 Federal Arbitration Act
The Federal Arbitration Act governs the arbitration agreement in Section 18 to the extent applicable.
19.3 Venue
For a Dispute that is not subject to arbitration and is not eligible for small claims court, the parties consent, to the extent legally permitted, to jurisdiction in the appropriate state courts located in Utah County, Utah, or the United States District Court for the District of Utah, as applicable.
Nothing in this Section prevents a consumer from asserting rights to a different venue when applicable law does not permit those rights to be waived.
20. TERMINATION AND SUSPENSION
20.1 Company Rights
We may suspend, restrict, or terminate access to some or all of the Services when reasonably necessary because of:
- violation of these Terms;
- fraudulent activity;
- security concerns;
- nonpayment;
- illegal conduct;
- abuse of Company systems or users; or
- discontinuation of a Service.
20.2 Effect of Termination
Termination of access does not grant you ownership of Company intellectual property or eliminate obligations that by their nature should survive termination.
20.3 Survival
Provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, disputes, governing law, and other provisions intended by their nature to survive will continue after termination.
21. INTERNATIONAL USERS
Company operates from the United States.
We do not represent that the Services are appropriate or legally available in every country or jurisdiction.
If you access the Services outside the United States, you are responsible for complying with laws applicable to you.
Nothing in these Terms eliminates consumer rights that cannot legally be waived under the laws applicable to you.
22. FORCE MAJEURE
To the extent permitted by law, Company will not be responsible for delays or failures to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, civil disturbance, labor disputes, government action, epidemics, pandemics, Internet outages, communications failures, utility failures, supply-chain interruptions, shipping disruptions, or failures of third-party service providers.
23. UNSOLICITED IDEAS AND SUBMISSIONS
We may independently develop recipes, products, content, business ideas, names, concepts, designs, promotions, and other materials that are similar to ideas submitted by users.
Unless we expressly agree otherwise in writing before you submit an idea:
- your submission is not confidential;
- Company does not undertake a fiduciary or confidential relationship by receiving it;
- Company is not obligated to review or use it;
- Company is not obligated to compensate you for it merely because it was submitted; and
- our receipt of your submission does not restrict our ability to independently create, develop, acquire, or use similar ideas.
This Section does not give Company ownership of intellectual property you own merely because you contact us.
24. NOTICES
Company may provide notices through:
- the Services;
- email;
- account communications; or
- other lawful electronic methods.
You are responsible for maintaining accurate contact information where an account is involved.
Notices to Company under these Terms may be sent to:
Special notice procedures contained in the arbitration or copyright sections must be followed where applicable.
25. GENERAL PROVISIONS
25.1 Severability
Except as specifically provided in the arbitration section, if a provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as appropriate, and the remainder of the Terms will continue in effect.
25.2 No Waiver
Company’s failure to enforce a provision of these Terms does not waive its right to enforce that provision or another provision later.
25.3 Assignment
You may not assign your rights or obligations under these Terms without Company’s prior written consent.
Company may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, corporate restructuring, transfer of a business line, or similar transaction, or otherwise as permitted by law.
25.4 No Third-Party Beneficiaries
Except where expressly stated otherwise, these Terms do not create enforceable rights for third parties.
25.5 Entire Agreement
These Terms, our Privacy Policy, and any additional terms or policies expressly applicable to a particular Service constitute the agreement between you and Company concerning your use of those Services and supersede prior terms concerning the same subject matter.
25.6 Conflicting Transaction Terms
When a particular transaction, membership, promotion, product, or service contains additional terms, the specific terms applicable to that transaction control over these general Terms to the extent of a direct conflict.
25.7 Headings
Headings are provided for convenience and do not limit the meaning of any provision.
25.8 Interpretation
Words such as “including” and “includes” mean “including without limitation” unless context clearly requires otherwise.
25.9 Language
These Terms are written in English.
If a translated version is provided for convenience and a conflict exists between the English version and a translation, the English version will control to the extent permitted by applicable law.
25.10 Electronic Agreement
To the extent permitted by law, your electronic acceptance or use of the Services may have the same legal effect as acceptance in writing.
26. CONTACT US
Questions regarding these Terms may be directed to:
Pacheco Enterprises, Inc. d/b/a Julia Pacheco
Email: co*****@**********co.com