Terms of Use

Effective Date: October 27, 2021

Welcome to Mexican Bakery of Tulsa, Inc. and its affiliates (“Pancho Anaya Bakery,” “Pancho Anaya",” “we” or “us”). These Terms of Use (“Terms”) apply to your use of our website www.panchoanaya.com and the other sites or online services owned, operated or offered by or on behalf of Pancho Anaya or its affiliates, including www.panchoanayashop.com (collectively, the “Site”). The Site is owned and operated by Pancho Anaya.

It is important to us that you, and our other visitors, are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations (e.g., requiring arbitration, prohibiting class relief, and limiting our liability).

1. You Accept These Terms.

If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms are supplemental to these Terms and will not change or replace these Terms regarding the use of the Site, unless otherwise expressly stated.

2. Updates to Terms.

Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on the Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

3. Legal Capacity.

This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

4. The Information You Give Us Must Be Correct.

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources and to terminate or suspend your account.

5. Disclaimer of Warranties.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, PORTO’S, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF PANCHO ANAYA (“PANCHO ANAYA BAKERY”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE AND NON-INFRINGEMENT. THE PORTO’S GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PORTO’S GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PANCHO ANAYA MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PORTO’S GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

6. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW PANCHO ANAYA DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PORTO’S GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU (AND NOT ANY MEMBER OF PANCHO ANAYA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THIS SITE.

7. Indemnification.

YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THIS SITE AND AGREE TO INDEMNIFY, SAVE HARMLESS AND DEFEND THE PANCHO ANAYA GROUP AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES, OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES) THAT THE PANCHO ANAYA GROUP MAY INCUR IN CONNECTION WITH ANY THIRD PARTY CLAIM RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF THIS SITE OR ACCESS TO THIS SITE, OR YOUR VIOLATION OF THESE TERMS OF USE OR THE RIGHTS OF ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THIS SITE OR ACCESS TO THIS SITE.

8. Trademarks and Copyrights.

This Site and materials incorporated by Pancho Anaya on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (collectively, “Copyrights”). Some of the characters, logos, or other images incorporated by Pancho Anaya on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Pancho Anaya or others (collectively, “Trademarks”). Pancho Anaya respects the intellectual property rights of others and asks users of this Site to do the same.

9. Your Use of Material.

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal use only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by Pancho Anaya. Any authorization to copy Material granted by Pancho Anaya in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal use only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

10. Feedback.

Pancho Anaya is interested in hearing from you regarding your comments, feedback or input about our Site, products and services (“Feedback”). With respect to any Feedback you provide to Pancho Anaya, you (and your successors and assigns) hereby grant to Pancho Anaya a worldwide, transferable, non-exclusive, perpetual, irrevocable, royalty-free, fully paid up license: (a) to make, have made, use, display, copy, perform, modify, and create derivative works of, the Feedback; (b) to sell, offer to sell, supply or otherwise distribute (through multiple tiers of distribution) the whole or any part of the Feedback (and derivative works thereof) as part of Pancho Anaya products and services; (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, and (d) to import and otherwise exploit such Feedback for any purpose whatsoever.

11. Product Specifications.

We do our best to describe every product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Pancho Anaya shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to our cancelling of your order, we will issue a credit to the same account used for your order in the amount of the charge. Additional terms may apply.

12. System Abuse.

Without limitation, you agree not to send, create, or reply to so-called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any activity which may adversely affect the operation or enjoyment of this Site by any other person, including placing malware on the Site. You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site.

13. Violation of Security Systems.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Pancho Anaya reserves the right to release your details to system administrators at other sites, law enforcement, and/or governmental authorities in order to assist them in resolving security incidents.

14. Service.

In order to use this Site, you must obtain access to the World Wide Web and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet, and/or other access devices).

15. Reservation of Rights.

Pancho Anaya reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice and/or to establish general guidelines and limitations on their use.

16. Third-Party Sites.

This Site may link you to other sites on the Internet, including our payment and job search partners. You acknowledge that (whether or not such sites are affiliated in any way with Pancho Anaya) Pancho Anaya is not responsible for the accuracy, copyright compliance, privacy compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Pancho Anaya or any association with its operators.

17. How to Contact Us.

This Site is controlled and operated by Pancho Anaya located at 212 S Garnett Rd. Tulsa, OK 74128. Please forward any questions, comments or complaints about the Site to customerservice@panchoanaya.com