Terms of Use

Please read the following terms and conditions (“Terms of Use”) carefully. They govern your use of HMR Acquisition Company, Inc.’s (“La Señorita”) web site (“https://www.lasfiesta.com“) and all associate web pages (the “Site”). By accessing this Site, you acknowledge and agree to be bound by the following terms and conditions. They may be modified from time to time without notice by La Señorita, but they will be posted on this Site. If you do not agree to the following terms and conditions, do not use this Site.

Each user of this Site agrees as follows:

The information contained in, or accessible through, this Site is not, and shall not be construed to be, investment advice of any kind. Such information does not constitute an offer to sell, or a solicitation of an offer to buy, any security. Any investment in La Señorita or any of its affiliates shall be made solely on the basis of the information directly provided by La Señorita or such affiliate in connection with a specific investment transaction and not on the basis of any of the information contained in, or accessible through, this website. This website includes or may include forward-looking statements, estimates and projections with respect to the anticipated future performance of La Señorita. Such statements, estimates and projections are not guarantees of future performance and reflect various assumptions of La Señorita’s management that may or may not prove correct and involve various risks and uncertainties over which La Señorita may have no influence or control. Prior to making any investment decision, you should always consult with your professional advisors including legal counsel, accountants, and tax advisors.

Laws and Regulations

Except to the extent that federal law may govern, these Terms of Use and your access to and use of this Site are governed by, interpreted, construed, and enforced in accordance with the laws of the State of Indiana, USA, without reference to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Marion County, Indiana, USA, in the event of any dispute arising under these Terms of Use or arising out of your use of this Site, and waive any future right to object to such jurisdiction and venue. The provisions of these Terms of Use are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms of Use, and these Terms of Use will be construed as if such unenforceable provision had not been contained herein. No waiver by La Señorita, of any right under or provision of these Terms of Use will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time.

Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of La Señorita, its affiliates, its licensors, and/or its affiliates’ licensors. The graphics, icons, and overall appearance of this Site are the property of La Señorita The posting of information, documentation, and other content does not constitute a waiver of any of La Señorita’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You agree not to delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of La Señorita. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. La Señorita and its affiliates reserve the right to revoke this authorization at any time.

“LA SEÑORITA,” the La Señorita logo, and other names of La Señorita companies, products, and services referenced herein are trademarks of La Señorita or one of its affiliated companies. All other products, services, and company names mentioned herein are the trademarks of their respective owners.

Disclaimers

La Señorita and its affiliates assume no responsibility for errors or omissions in the contents, functions, materials, information, products, or services contained or described on or accessed through this Site (collectively, the “Information”). Such Information is subject to change at any time without notice, and these Terms of Use apply automatically to any new or modified Information.

La Señorita and its affiliates do not guarantee, represent, or warrant that the Information, text, graphics, links, or other items contained or described on this Site are or will be accurate, complete, current, reliable, or suitable for any particular purpose, that your access will be uninterrupted, that the Information is free of computer viruses, or that this Site cannot be tampered with by third parties. The Information is not intended to be legal, tax or financial advice, and La Señorita and its affiliates disclaim all responsibility for any claims arising from reliance on the Information.

La Señorita does not guarantee and makes no representations or warranties concerning its ability to prevent unauthorized access to or tampering with the Site or information accessible through the Site. You acknowledge that information transmitted through the Internet or accessible through the Internet is never completely secure, and communications to and from you may be read, used, or intercepted by others.

THIS SITE AND ALL INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

LA SEÑORITA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, OR DATA, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION THAT MAY RESULT FROM OR BE RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE, ANY WEB SITE OPERATED BY A THIRD PARTY, OR THE INFORMATION CONTAINED ON THIS SITE OR ANY OTHER WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE LIABILITY OF LA SEÑORITA AND ITS AFFILIATES TO YOU EXCEED THE LESSER OF (A) THE AMOUNTS PAID BY YOU TO LA SEÑORITA AND ITS AFFILIATES IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM, OR (B) $1000.00.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR ANY SITE-RELATED SERVICES IS TO STOP USING THIS SITE AND/OR THOSE SERVICES CONTAINED ON THIS SITE.

Links

This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. La Señorita and its affiliates do not endorse, and La Señorita and its affiliates are not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. La Señorita and its affiliates are not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that La Señorita and its affiliates 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 such other sites. La Señorita and its affiliates and content and service providers shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.

User Conduct

You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. You agree that La Señorita may terminate your password, account and/or use of the Site in La Señorita’s sole discretion for any reason.

You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. You agree to immediately notify La Señorita of any unauthorized use of your password or account, or any other breach of security of which you become aware.

You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of La Señorita. La Señorita has no obligation to monitor the Site; however, you acknowledge and agree that La Señorita has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or others.

You shall be solely responsible for your actions and the contents of your transmissions to the Site. You shall not transmit any materials or information to this Site that infringes on any copyright or other proprietary rights of any other person. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by La Señorita; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component. Upon use of the Site, you agree to indemnify, defend and hold La Señorita, its affiliates and subsidiaries, and each of their officers, directors, employees, agents and business partners harmless from any loss, liability, claim, demand, damage or expense asserted by any third party relating to your use of the Site or breach of these terms of use.

Notices

Where required, La Señorita may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to La Señorita by electronic mail or by conventional mail to the address below. If you have any questions about these Terms of Use, the practices of the Site, or your dealings with the La Señorita, please e-mail or write to:

Attn: Legal Department

La Señorita Mexican Restaurants

1501 N. Ironwood Dr

South Bend, IN, 46635