Terms

Terms and Conditions
VFM Systems Inc., a California domestic corporation, d/b/a LA Indian Bazaar (“VFM Systems Inc.”, “LA Indian Bazaar”, “We”, “Our”, “Us” or “Company”) operates this Site and the LA Indian Bazaar mobile app (“App”).  You agree to be bound by the following Terms, in their entirety, when you: (1) Use, access, or visit the Site; (2) Use or access the App (3) Purchase or receive any good or service offered through the Site and/or App, including, but not limited to, LA Indian Bazaar’s Subscription Service or LA Indian Bazaar’s Shop as defined in Section 7 (“Products”); (4) Listen to, access, or view any of the text, audio, video, graphics, or other content featured on the Site or App (“Content”); (5) access links to or view LA Indian Bazaar’s social media pages or accounts on third party social media websites, including, but not limited to, Facebook, Instagram, Pinterest, Twitter, Snapchat, and LinkedIn (“Social Media”); (6) Purchase, redeem, or sign up to receive or send LA Indian Bazaar’s gift cards or gift certificates (including, for the purposes of these Terms, electronic versions of both) (“Gift Cards”) or Trial Offers, Sweepstakes, Contests, or Promotions.
Please note that the Site, App, Products, Content, Social Media, Gift Cards, and Vouchers, for the purposes of these Terms, are considered to be the “Offerings”. By using and/or accessing the Offerings, you agree to comply with and be bound by the Terms in their entirety. Furthermore, the Terms are inclusive of LA Indian Bazaar’s Privacy Policy (“Privacy Policy”), the rules applicable to the Vouchers (“Promotion Rules”) and all other applicable LA Indian Bazaar operating rules, policies, and other supplemental terms and conditions or documents that may be published on the Site and/or in the App, or which you may be otherwise notified of in writing, all of which are expressly incorporated in the Terms by reference.
You should print a copy of these terms and conditions for future reference.
By using the Site or the App you automatically accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will notify us in written form and will discontinue using the Site or the App and our services voluntarily.
The following agreement between you and LA Indian Bazaar includes the terms and conditions under which you may use LA Indian Bazaar’s service. If you use our service, you agree to the following terms and conditions:
1.     TERMS. “LA Indian Bazaar”, “VFM Systems Inc.”, “We”, and “Our” refer to any owner, employee, agent, designee, or authorized representative of LA Indian Bazaar. “You” and “Your” refer to any individual or organization that uses our services. “Terms of Service”, “Terms of Use”, and “Terms and Conditions” used in this document or elsewhere on LA Indian Bazaar’s Site or App refer to the entirety of this agreement.
2.     UNAUTHORIZED USE. LA Indian Bazaar does not offer any services to individuals under the age of 18 years old. By requesting our service, you warrant that you are at least 18 years old. LA Indian Bazaar order may not be placed in behalf of anyone other than you without their informed consent. Additionally, you may not use this site or our services for the purpose of advertising, solicitation, cyber-attacks or hacking of any sort, or any form of unethical or illegal activity.
3. INFORMATION ABOUT US
VFM Systems Inc., d/b/a LA Indian Bazaar, is a domestic corporation incorporated in the State of California with general corporate offices at:
4240 Laurel Canyon Blvd Unit 203
Studio City CA 91604.
4. SERVICE AVAILABILITY AND YOUR STATUS
The Site, the App, and Offerings, are intended for use by individuals or organizations in the United States of America (“Serviced Countries”). At this time, we do not accept orders from individuals outside the Serviced Countries. As such, by placing an Order through our Site or App, you warrant that you: (1) Are legally capable of entering into these Terms; (2) Are at least 18 years old; (3) Are a resident of a Serviced Country; and (4) Are accessing the Site or App from a Serviced Country. Further the Site, the App and the Offerings are intended for use by individuals or organizations in the greater Los Angeles region only in the State of California. We reserve the right to decline service to an individual or organization even if the delivery address is with in greater Los Angeles region.
 5. MODIFICATION
In our sole discretion, LA Indian Bazaar shall have the right to change, amend, add to, remove, or supplement the Terms (including the Privacy Policy), without notice to you; provided, however, that: (1) changes to the procedures applicable to the resolution of disputes shall only apply to disputes which arise after the modified or additional provision is published on the Site or App; and (2) changes to the prices or the manner in which LA Indian Bazaar shall bill customers shall only apply to products delivered after the modified or additional provision(s) is/are published on the Site or App.
The latest Terms will be posted on the Site and the App, and you should review the Terms prior to using any Products offered by LA Indian Bazaar and from time to time thereafter. By your continued use of LA Indian Bazaar, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Terms in effect at the time you access any Offerings offered by LA Indian Bazaar (other than for changes to the price/billing or dispute resolution pursuant to the preceding paragraph). All other amendments or modifications to the Terms shall be effective immediately upon publication on the Site and App.
6. ACCOUNT CREATION
In order to utilize specific features on the Site and App, individuals will need to create an account with LA Indian Bazaar. Should you create an account with LA Indian Bazaar, you agree to: (1)provide the accurate and up-to- date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; and (3) notify us as soon as possible at laindianbazaar@gmail.com if you believe there have been any breaches to the security of the Site, the App, or your account information.
7. LA INDIAN BAZAAR’S SERVICES
7.1
LA Indian Bazaar’s Shop. LA Indian Bazaar’s Shop is an online store where various Indian kitchen items, including cookware, groceries, Indian snacks, Indian food items and pantry items, selected by LA Indian Bazaar can be purchased from us. The Shop has Products and they are delivered in a “Box” or “container” whichever is convenient for delivering to the consumer’s address. For more information, visit our FAQs or the LA Indian Bazaar Shop on the App.
8. PRICING
8.1
Price Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; Your acceptance of deliveries of the Products will constitute your acceptance of such price changes, unless you cancel your order in accordance with these Terms. All prices shown on the Site and/or in the App are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site and/or in the App. Prices, taxes or other fees may vary geographically. The shipment of deliveries of the Products will confirm your acceptance of such changes, unless you cancel order in accordance with the Terms.
9. REPLACEMENTS AND PROMOTIONAL INCLUSIONS
Given the perishable nature of many of our ingredients, and market conditions and product supply beyond our control, we reserve the right to adjust the quantity of any Product on our Shop, to discontinue delivering any Product, or to substitute any Product, all without notice. While we make every effort to ensure that you are provided with the very best Products, these switches may occasionally be required. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment. Additionally, if you have any questions or concerns about any additional products or materials in your delivery box, please contact us at laindianbazaar@gmail.com
10. DELIVERY
10.1
LA Indian Bazaar’s Order Collection Week. LA Indian Bazaar’s “Order Collection Week” begins on Monday 12 Noon Pacific Time and runs through the following Friday 12 Noon Pacific Time. The start of our Order Collection Week means that new orders can be placed to be delivered.
LA Indian Bazaar’s Delivery Day. LA Indian Bazaar’s “Delivery Day” begins on any week day 6 AM Pacific Time and runs through 11 PM Pacific Time, the same day. Delivery day is only one day per week and deliveries can happen any time during the delivery window of 6 AM Pacific Time to 8 PM Pacific Time.
10.2
Deactivation and Cancellation Procedures. Please note that the ability to change an order locks two days prior to your scheduled delivery date. Therefore, if you wish to deactivate your account, you must do so before the day and time listed above for your respective delivery date. For example, you have until Friday at 11:59 AM Pacific Time to cancel your order or cancel your account. If you do so after the time listed for your delivery day, then you will be charged and receive your delivery for that week, and the cancellation will take effect for the following Delivery Week.
Furthermore, to deactivate your account, please email laindianbazaar@gmail.com stating that you wish to terminate your account, along with your full name and registered email address. Alternatively, you can deactivate your account by accessing your account page on the Site or App, and submitting the cancellation form in Account Settings.
10.3
Delivery Specifics. In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of your Products is not feasible, we will cancel your delivery for the period so affected and issue you a credit, as determined in our sole discretion, or refund of a part or the whole of the purchase price for the Products in that delivery.
10.4
Delivery of LA Indian Bazaar’s Products. LA Indian Bazaar might utilize third party couriers to handle shipping for the LA Indian Bazaar’s Shop. Please note that all shipping times are estimations, and the actual delivery day can vary.
11. FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. ; (7) ) Impossibility of the use of freeways or surface streets or alternate routes due to traffic incidents, closures, accidents, traffic jams or any other incidents outside of our control.
Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
12. RECEIPT OF THE MATERIALS AND FOOD PREPARATION
LA Indian Bazaar uses specific materials to refrigerate perishable items and also might use third party delivery companies to deliver Boxes to customers. Please note that you are responsible for reviewing the items/products upon delivery and inspecting all of the Products contained within for any defects or other problems upon delivery. If you are not home when your items/products box is delivered, the box will be left at your door or in a common area. Upon the completion of your review of the box, we recommend that you place all perishables in your refrigerator to ensure the ingredients’ integrity. The risk of loss and/or damage passes to you at the time of delivery. We highly recommend that you review the USDA’s instructions on safe food handling. All items are solely at your risk from the time of delivery. As such, you are solely responsible for any preparatory steps, storage of the contents, safe washing (we recommend that all fresh produce is washed prior to inclusion in any meal), and the cooking of all the ingredients of the respective items or products.
13. RETURN AND REFUND POLICY
In the event that you are unhappy with any part of your items or products ordered from LA Indian Bazaar’s Shop, you can reach out to us at laindianbazaar@gmail.com. Please do so within five (5) days of the date you received the unsatisfactory item. We may give you credit for the individual item or product, and in some situations, issue a partial or full refund for the item or product. We reserve the right, however, to require either the return of the unsatisfactory item or product, or a photograph of such, before any partial/full refund or credit will be issued.
If you are unhappy with any Product purchased on the LA Indian Bazaar’s Shop (and it is not a perishable food item), in order to initiate a return, you can reach out to us at laindianbazaar@gmail.com. We reserve the right, however, to require either the return of the unsatisfactory item or product, or a photograph of such, before any partial/full refund or credit will be issued.  We may choose not to refund/return items at our own discretion. Please note, however, that a Product must be unused and in its original packaging to be eligible for a refund.
14. PROPRIETARY RIGHTS
LA Indian Bazaar is the owner and operator of the Site and the App. Additionally, LA Indian Bazaar is the owner of, or duly licensed to utilize, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site, the App, or any LA Indian Bazaar’s Offerings, all of which is protected by the United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
Users are only permitted to use these materials in order to utilize LA Indian Bazaar’s Offerings for personal, non-commercial use. Any other use of LA Indian Bazaar’s materials, including modification, distribution, or reproduction for purposes other than the personal usage of LA Indian Bazaar’s Offerings, without written approval from LA Indian Bazaar (which can be provided through email) is prohibited.
14.1
Copyright Policy. LA Indian Bazaar reserves the right to terminate any end-user’s access to the LA Indian Bazaar’s Offerings where that end-user infringes upon third-party copyrights. Please notify us at laindianbazaar@gmail.com if you believe any infringement has occurred.
15. PROHIBITED USES
You may use LA Indian Bazaar Offerings only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Offerings:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards Set out in Section 18.1 of these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate LA Indian Bazaar, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or App, or which, as determined by us, may harm LA Indian Bazaar or users of the Site or expose them to liability.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of- service attack.
• Otherwise attempt to interfere with the proper working of the Site.
16. NON-USER THIRD PARTY CONENT
We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or with or contained within LA Indian Bazaar’s Offerings (“Third Party Content”). The Third Party Content is not endorsed, adopted by, or controlled by LA Indian Bazaar, and we make no representations or warranties of any kind regarding such Third Party Content, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content through or on LA Indian Bazaar’s Offerings (including, but not limited to, our Site, App, Social Media, other Content, or Products) are solely between you and such third parties. 
17. USER CONDUCT
You agree that you will not violate any statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site or App. You agree that you will abide by these Terms and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and LA Indian Bazaar; (3) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by LA Indian Bazaar without LA Indian Bazaar’s express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of LA Indian Bazaar’s Content, the Site, or the App without our prior written consent; (8) use the Site or App in any way that prevents or inhibits other end-users from fully utilizing the Site or App, or in a way that could overburden or interfere with the functioning of the Site or App in any manner;(9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which LA Indian Bazaar has not authorized to access the Site or the App, to retrieve or index data; (10) decipher or reverse engineer any portion of the Site or the App that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Site or App which you are not authorized to access, pursuant to these Terms or any subsequent agreements; or (12) use the Site or the App for any illegal purpose.
18. USER CONTENT
Pursuant to the specifications located in these Terms, the Site, App, or any social media platforms on which LA Indian Bazaar has an official page or feed, may include, now or in the future, areas (“Interactive Areas”) that allow users to post content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials (“User Content”). Any User Content you post must, in its entirety, comply with all applicable federal, state, local and international laws and regulations, and these Terms (including, but not limited to, the Prohibited Uses and User Content Standards set out in Sections 17 and 18.1 of these Terms, respectively).
You understand and acknowledge that you are responsible for any User Content you submit or contribute and your use of any Interactive Areas of the Site and/or App, and you, not LA Indian Bazaar, have full responsibility for such content and use, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. You understand and acknowledge that User Content that you share with a third party through the Site or third party platforms will be viewable by others in accordance with the privacy settings you establish.
18.1
User Content Standards. Any User Content you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you represent and warrant that:
• you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• you grant LA Indian Bazaar and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
• all of your User Content does and will comply with these Terms.

By using the Interactive Areas of the Site and App, you further agree not to create, post, share or store any of the following: (1) Any content that would encourage, either express or implied, conduct that could be deemed a violation of a statute or regulation; (2) Any content that is determined, by LA Indian Bazaar in its sole determination, to be indecent, obscene, abusive, threatening, pornographic, or harassing; (3) Any content that violates the proprietary rights of a third party; (4) Any content that contains confidential information; (5) Any content that impersonates, or misrepresents your affiliation with, any person or entity without their express permission; (6) Any content that contains any viruses or other computer code, files, or programs designed to harm, inhibit the operative ability of, or destroy part/all of the Site and App; (7) Any content that contains solicitations, including, but not limited to, any advertisements, promotional materials (other than those directly related to LA Indian Bazaar), and political campaign requests; (8) Any content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site, Products, or Offerings, or that may expose LA Indian Bazaar or others to any harm or liability of any type.
Although we are not required to regulate User Content, we reserve the right, in our sole discretion, to monitor, edit or remove User Content posted or stored on the Site or the App for any reason. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
18.2
Rights in User Content. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site, the App, to our pages or feeds on third party social media platforms (e.g., LA Indian Bazaar’s Facebook page, Instagram page, or Twitter feed), you hereby: (1) grant LA Indian Bazaar and its affiliates and subsidiaries a nonexclusive, royalty-free, transferable, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity,promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes; (2) represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the lawful right to post such User Content, (b) the User Content is non-confidential and you authorize LA Indian Bazaar to use such User Content for the purposes described in these Terms, (c) the User Content is accurate and not misleading or harmful in any manner, and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
19. INDEMNIFICATION
You agree to defend, indemnify and hold harmless LA Indian Bazaar, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the App, the Products or any Offerings, or any information obtained therefor other than as expressly authorized in these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify LA Indian Bazaar of any third-party claims, cooperate with LA Indian Bazaar in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and LA Indian Bazaar.
 
20. DISCLAIMERS
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE, WASHING, AND COOKING), USE, AND CONSUMPTION OF THE CONTENTS OF THE PRODUCTS DELIVERED BY LA INDIAN BAZAAR. AS SUCH, ALL CONTENTS OF THE RESPECTIVE PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
20.1
Allergen Information. PLEASE NOTE THAT THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH, ARE STORED, PORTIONED, AND PACKAGED IN LA INDIAN BAZAAR’S AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE LA INDIAN BAZAAR TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE PRODUCTS, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. LA INDIAN BAZAAR DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE OR APP IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT LA INDIAN BAZAAR IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
20.2
Specifications Related to Warranties. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR DELIVERY AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE AND APP, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THESE TERMS, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
  We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.
 
21. LIMITATION OF LIABILITY; RELEASE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LA INDIAN BAZAAR, ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORSEEABLE.
ADDITIONALLY, IN NO EVENT SHALL LA INDIAN BAZAAR BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, APP OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO,ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM LA INDIAN BAZAAR, OR FROM EVENTS BEYOND LA INDIAN BAZAAR’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS,BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE LA INDIAN BAZAAR PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH LA INDIAN BAZAAR PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF LA INDIAN BAZAAR SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE ANY QUESTIONS PERTAINING TO THE LIMITATIONS OF LIABILITY DESCRIBED IN SECTION 21, PLEASE EMAIL LAINDIANBAZAAR@GMAIL.COM.
THE LIMITATIONS SET FORTH IN THIS SECTION 21 SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.
22. MODIFICATIONS TO THE SITE AND PRODUCTS
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site or App (or any features or parts thereof) or the rates, delivery, or provision of the Products at any time.
23. DISPUTE RESOLUTION & BINDING ARBITRATION
  PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH LA INDIAN BAZAAR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
23.1
Arbitration Is Binding. YOU AND LA INDIAN BAZAAR ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND LA INDIAN BAZAAR ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF PRODUCTS OR OFFERINGS THROUGH THE SITE AND/OR APP, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
This shall not apply to any disputes arising from Section 17, disputes in which a party seeks to resolve an issue in small claims court, seeks injunctive relief, or other equitable relief related to the use of proprietary rights.
23.2
Preliminary Resolution Attempts. You agree to notify LA Indian Bazaar within forty-five (45) days of the occurrence or alleged occurrence of any dispute that could rise to become a small claim or claim that can be arbitrated according to these Terms. Notification can occur by contacting LA Indian Bazaar at LAIndianBazaar@gmail. Upon receipt of the notification, both parties shall attempt to resolve the issue within thirty (30) days. If we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration in accordance with these Terms.
23.3
Waiver of Class Actions & Class Arbitrations. To the fullest extent permitted by law, you agree to arbitration on an individual basis, and to give up any rights to bring, join, or participate in any class action or representative action with respect to any claim, dispute or controversy that you may have against LA Indian Bazaar. In any such dispute, NEITHER PARTIES ARE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Unless both you and LA Indian Bazaar agree otherwise, the arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit, and to pay the attorney’s fees and court costs that LA Indian Bazaar incurs in seeking such relief.
This provision preventing you from bringing, joining, or participating in class action lawsuits and class arbitrations: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. The arbitral tribunal has no power to consider the enforceability of this class action and class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. You may opt-out of these dispute resolution provisions, pursuant to Section 23.5.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
23.4
Arbitration Proceedings. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
23.5
Opt Out Rights. You may pursue your claim in small-claims court rather than arbitration (as it pertains to Section 23) if you provide written notice of this intention within sixty (60) days of the day you agreed to (or are determined to have agreed to) these Terms. If you choose to opt out, send written notice to: Compliance, LA Indian Bazaar, 2335 S Bentley Ave Apt 204 Los Angeles CA 90064. Please include your name, contact information, and a clear statement that you would like to opt out of the provisions related to binding arbitration. Please note that, all other provisions of the Terms, including Section 25, will still apply. The Arbitration or smalls-claim court proceeding will be limited solely to your individual dispute.
24. GOVERNING LAW AND VENUE
All matters relating to these Terms, your access to and use of the Site/App, and your order, receipt, and use of the Products, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law rules or provisions (whether of the State of California or any other jurisdiction). Any dispute arising out of, or related to, these Terms or LA Indian Bazaar’s Offerings that is not subject to arbitration or cannot be heard in small claims court, shall be resolved exclusively in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
25. TERMINATION AND SURVIVAL
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of these Terms. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, for which you have received a corresponding delivery, to the fullest extent permitted by applicable law.
26. SEVERABILITY AND WAIVER
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
No waiver by LA Indian Bazaar of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
27. MISCELLANEOUS
These Terms and any document expressly referred to in them constitute the whole agreement between you and LA Indian Bazaar, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any Contract. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of LA Indian Bazaar. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.