Terms of Service

Terms of Service

Section 23 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Fresh Homemade Tortillas. Please read them carefully.

Last Updated: October 12, 2021

These Terms of Service (“Terms”) are a binding legal agreement between you and Fresh Homemade Tortillas that govern your use of the websites, applications, and other offerings from Fresh Homemade Tortillas (collectively, the “Fresh Homemade Tortillas Platform”). When used in these Terms, “Fresh Homemade Tortillas,” “we,” “us,” or “our” “Our Services” refers to the Fresh Homemade Tortillas entity (websites, phone applications, other platforms).


The Fresh Homemade Tortillas Platform offers an online venue that enables Users (“Members”) to publish, offer, search for, and order services. Members who publish and offer services are “Providers” and Members who search for, order, or use services are “Users.” Tortilla Providers offer homemade tortillas and may offer product delivery, pickup, and other services (collectively, “Provider Services,” and each Provider Service offering, a “Listing”). You must register an account to access and use many features of the Fresh Homemade Tortillas Platform and must keep your account information accurate. As the Provider of the Fresh Homemade Tortillas Platform, Fresh Homemade Tortillas does not own, control, offer or manage any Listings or Provider Services. Fresh Homemade Tortillas is not a party to the contracts concluded directly between Providers and Users. Except as specified in these Terms, Fresh Homemade Tortillas is not acting as an agent in any capacity for any Member.


We maintain other terms that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Fresh Homemade Tortillas payment (“Fresh Homemade Tortillas Payments“).


If you are a Provider, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Provider Services.

Table of Contents
User Terms
  1. Provider Terms
  2. General Terms
User Terms

1. Our Mission.

Our mission is to connect Users with Providers of quality fresh homemade tortillas. Learn more about a Listing by reviewing the description and photos, the Provider profile, and User reviews. If you have questions, just message the Provider.

2. Search and Order on Fresh Homemade Tortillas.

2.1 Search. You can search for Provider Services by using criteria like the type of Provider Service, location, and number of Users. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service, and cancellation history, popularity, Provider offer options (delivery, pickup) and more.

2.2 Order. When you submit an order, you are agreeing to pay all charges for your order including the Listing price, applicable fees like Fresh Homemade Tortillas’ service fees, taxes, and any other items identified during checkout (collectively, “Total Price”). When you receive the order confirmation, a contract for Provider Services is formed directly between you and the Provider. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Provider. Be aware that some Providers may work with a co-Provider or as part of a team to provide their Provider Services.

3. Cancellations, Refunds, and Order Modifications.

3.1 Cancellations and Refunds. In general, if as a User you cancel an order, the amount refunded to you is determined by the Order Cancellation and Refund policy described in these Terms.

3.2 Order Modifications. Users and Providers are responsible for any order modifications they agree to make via the Fresh Homemade Tortillas Platform or direct Fresh Homemade Tortillas customer service to make on their behalf (“Order Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Order Modification.

4. Your Responsibilities and Assumption of Risk.

4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions. For example, this means: (i) you are responsible for your own actions of submitting an order (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times.

4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Fresh Homemade Tortillas Platform and any Content (as defined in Section 10), including your order submission, use of any other Provider Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Provider Service to determinewhether it is suitable for you. For example, Provider Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Provider Services.

Provider Terms

5. Provider on Fresh Homemade Tortillas.

5.1 Provider. As a Provider, Fresh Homemade Tortillas offers you the opportunity to share your Provider Services with our community of Users – and earn money doing it. You are in control of how you Provide your services- set your price, availability, and rules for each Listing (pickup, delivery, other authorized venues).

5.2 Contracting with Users.When you accept an order request or receive an order confirmation through the Fresh Homemade Tortillas Platform, you are entering into a contract directly with the User and are responsible for delivering your Provider Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Fresh Homemade Tortillas’ service fee (and applicable taxes) for each order. Fresh Homemade Tortillas Payments will deduct amounts you owe from your payout unless we and you agree to a different method.

5.3 Independence of Providers.Your relationship with Fresh Homemade Tortillas is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Fresh Homemade Tortillas, except that Fresh Homemade Tortillas Payments acts as a payment collection agent as described in the Payments Terms and as a supplier intermediary as described in the Supplies Terms. Fresh Homemade Tortillas does not direct or control your Provider Service, and you agree that you have complete discretion whether and when to provide Provider Services, and at what price and on what terms to offer them.

5.4 Your Responsibilities.You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Provider Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Fresh Homemade Tortillas Platform. Do not encourage Users to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Fresh Homemade Tortillas Platform such as encouraging Users to order outside the Fresh Homemade Tortillas Platform for future orders in violation of these Terms of Service.

5.5 Providing as a Team.If you work with a co-Provider or Provider as part of a team, each individual who participates in providing Provider Services is responsible and liable as a Provider under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, and that each co-Provider you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Fresh Homemade Tortillas to transfer a portion of your payout to a co-Provider or other Providers, or to send payments to someone else, you must be authorized to do so, and areresponsible and liable for the payment amounts and accuracy of any payout information you provide.

5.6 Your Assumption of Risk. You acknowledge that being a Provider carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Fresh Homemade Tortillas Platform, offering Provider Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Fresh Homemade Tortillas Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Provider Services and that you are not relying upon any statement of law made by Fresh Homemade Tortillas.

5.7 Search Ranking.The ranking of Listings in search results on the Fresh Homemade Tortillas Platform may depend on a variety of factors, including these main parameters:

  • User search parameters (e.g. number of Users, price range),
  • Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Provider Service, Provider status, age of the Listing, average User popularity),
  • User order experience (e.g. customer service and cancellation history of the Provider, ease of order),
  • Provider requirements (e.g. minimum or maximum tortilla sales orders, delivery coverage area), and
  • User preferences (e.g. saved Listings, location from where the User is searching).

6. Account

6.1 Initial Enrollment. As part of the initial enrollment and your expressed interest to sell tortillas under the Fresh Homemade Tortillas umbrella, we may ask you and you agree to submit to us true answers to the following questions:

  1. Do you have experience in making tortillas? If so, briefly describe your experience.
  2. How many years have you been making tortillas?
  3. Do you intend to sell other foods in addition to homemade tortillas?
  4. Do you own or rent?
  5. Are you or have you ever been subject to a local, state, or federal investigation in relation to food production?
  6. Are you and will you be in compliance with all city, county, state, and federal food safety regulations?
  7. Do you agree that you may lose account access and may no longer be a Provider for Fresh Homemade Tortillas for failing to comply with any city, county, state, or federal regulation?

6.2 Verification and Agreement.Before we grant you a Provider account, you agree to provide us with evidence you have met at your own cost all licensing, registration, permit, inspection, training, fees, and/or any other requirements set by your state, county, city, homeassociation, or zoning authority. You agree to email that evidence to info@freshhomemadetortillas .com or another email Fresh Homemade Tortillas may designate. You also agree:

  1. that Fresh Homemade Tortillas, LLC may require you to demonstrate your experience in making homemade tortillas by sending a video or another proof type Fresh Homemade Tortillas may request.
  2. you have confirmed with your state, county, city, home association, and/or zoning authority that you are allowed to sell tortillas from your residence.
  3. If you are a tenant, you agree to provide us with a notarized proof (letter) from your landlord/homeowner giving you consent to make and sell tortillas from the rented location. A new landlord or homeowner requires a new notarized consent letter. You will email that notarized consent letter to info@freshhomemadetortillas or another email Fresh Homemade Tortillas may designate. The notarized letter must include the landlord’s name, your name, both of your signatures, address where you live and where you will make the tortillas, and specific consent.
  4. to deliver at authorized venues only as described in the Authorized Venues Section.
  5. you will not sell at prohibited venues or outside your state or provide prohibited services.
  6. to comply with annual sales limits set by your state.
  7. to comply with the product label requirements, language, ingredient listing, and/other requirements set by your state.
  8. to comply with supplies as described in the Supplies Terms
  9. to comply with your tax obligations as described in Tax Section.
  10. To comply with the following sanitation requirements and/other restrictions set by your state, county, city, home association, or zoning authority:
    1. No cottage food preparation, packaging, or handling may occur in the home kitchen concurrent with any other domestic activities, such as family meal preparation, dishwashing, clothes washing or ironing, kitchen cleaning, or guest entertainment.
    2. No infants, small children, or pets may be in the home kitchen during the preparation, packaging, or handling of any cottage food products.
    3. Kitchen equipment and utensils used to produce cottage food products shall be clean and maintained in a good state of repair.
    4. All food contact surfaces, equipment, and utensils used for the preparation, packaging, or handling of any cottage food products shall be washed, rinsed, and sanitized before each use.
    5. All food preparation and food and equipment storage areas shall be maintained free of rodents and insects.
    6. Smoking shall be prohibited in the portion of a private home used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, while cottage food products are being prepared, packaged, stored, or handled.
    7. A person with a contagious illness refrains from preparing or packaging cottage food products in the permitted area of the cottage food operation.
    8. A person involved in the preparation or packaging of cottage food products shall keep his or her hands and exposed portions of his or her arms clean and shall wash his or her hands before any food preparation or packaging activity in a cottage food operation.
    9. Water used during the preparation of cottage food products shall meet the potable drinking water standards of your city. Water used during the preparation of cottage food productsincludes all of the following: (1) The washing, sanitizing, and drying of any equipment used in the preparation of a cottage food product. (2) The washing, sanitizing, and drying of hands and arms. (3) Water used as an ingredient.
  11. to stay current and follow all other state, county, city, zoning authority, and home association food laws.

6.3 Account Creation.After initial enrollment and meeting all conditions including all state, county, and city licensing, Fresh Homemade Tortillas may grant you access into its website and/or other platforms. Your Fresh Homemade Tortillas, LLC account will help you process the tortilla orders including receiving orders and payment. Keep your account current, including personal and bank account information. You can only maintain and use one account (“Your Account”). You agree to maintain the information of your account true, accurate, current, and complete. You must not submit information on the behalf of others. You cannot transfer or sell your account to another party. You are responsible for your actions on Fresh Homemade Tortillas, LLC. Notify us of any security breach, such as a disclosed password or stolen credit card.

6.4 Creating and Managing Your Listing.The Fresh Homemade Tortillas Platform provides tools that make for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Provider Service, your price, other charges, and any rules or requirements that apply to your Users or Listing (delivery, pickup). You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up- to-date and accurate at all times.

6.5 Know Your Legal Obligations and Cottage Food Laws of Your Jurisdiction.You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Provider Services. For example: Some landlords and leases, or homeowner and condominium association rules restrict or prohibit the sales of homemade foods. Some cities have zoning or other laws that restrict homemade food sales. Some jurisdictions require Providers to register, get a permit, or obtain a license, or meet other requirements before a Provider prepares food for sale. In some places, the sales of homemade tortillas may be prohibited altogether. Some jurisdictions that may allow the sales of homemade tortillas may restrict the venues (pickup, delivery). Check your local rules to learn what rules apply to your Provider services. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Users and others in compliance with applicable privacy laws and these Terms, including our Privacy Policy. If you have questions about how local laws apply you should always seek legal advice.

6.6 Food Liability Insurance.We recommend you obtain appropriate food liability insurance for your Provider Services and suggest you carefully review policy terms and conditions including coverage details and exclusions.

6.7 Non-Competition AgreementThe ranking of Listings in search results on the Fresh Homemade Tortillas Platform may depend on a variety of factors, including these main parameters:

  1. You agree not to use Fresh Homemade Tortillas, LLC or its platforms to create a clientele base in order to form a future competitor.
  2. While your contract with Fresh Homemade Tortillas, LLC is active, you agree not to make and/or sell tortillas or another product for another company or platform.
  3. You also agree that if our agreement ends (you no longer are a Provider for Fresh Homemade Tortillas and otherwise remain in good standing), you will not be a tortilla Provider for your own or another company for three years from the date of the termination of your Fresh Homemade Tortillas account.
  4. Fresh Homemade Tortillas, LLC may pursue all available legal actions and you agree to pay attorney fees and other costs in accordance with federal and state laws.

6.8 Supplies.Some suppliers may charge additional fees for certain services they offer, like delivery fees.

6.8.1 Corn Flour

  1. You agree to use a quality grain corn flour supplier. Visit wholegrainscouncil.org for a list of recommended suppliers.
  2. You agree to order at your own cost corn flour directly from a supplier. Fresh Homemade Tortillas may seek to facilitate the corn flour order and delivery. You agree that you, as the Provider, will be primarily responsible to work with the supplier to address any issues that arise as a result of an order.
  3. It is your responsibility to keep and order enough supplies to fulfill all the tortilla orders you accept.

6.8.2 Packaging and Labels

  1. Fresh Homemade Tortillas will act as an intermediary and designate a third-party package, label supplier. You may find the supplier’s link on the Fresh Homemade Tortillas platform. You agree to order at your own cost the supplies directly from that supplier. As a supplier intermediary, Fresh Homemade Tortillas will seek to facilitate the label order production and delivery. You agree that you, as the Provider, will be primarily responsible to work with the supplier to address any issues that arise as a result of an order for supplies. You agree not to use a supplier that Fresh Homemade Tortillas has not approved.
  2. In addition to the Fresh Homemade Tortillas brand, logo, and/or other marketing information, the label will contain information your state may require as the below samples show.
  3. If you live in Label Sample
    Arizona
    California
    Florida
    New York
    Texas
    Utah
    Virginia
    Washington State
  4. You agree to meet all the label requirements set by your state and provide all the required information to the supplier for inclusion in the label, including but not limited to your permit, license, registration number, corn flour ingredients. You also agree to provide that information to us if we request it to info@freshhomemadetortillas.com
  5. You agree you are ultimately responsible to ensure the labels have all the required information and language set by your city, county, or state.

6.9 Tortillas Production

  1. Fresh Homemade Tortillas means that you agree to make corn tortillas for delivery, pickup, or to sell at another authorized venue within four hours of making them. Before selling other than corn tortillas (flour tortillas), you agree to receive the consent of Fresh Homemade Tortillas, LLC first.
  2. you may make the tortillas by hand or using a tortilla press.
  3. You agree to make the tortillas the standard size accepted in your area (recommended between 4 1⁄2 and 5 1⁄2 inches in diameter based on customer preference).
  4. You will sell the tortillas and offer weight choices (1/2 pound, 1 pound, 2 pounds, etc) depending on customer preference. You will use the corresponding label or package for delivery.
  5. Before deviating from these standards, you agree to seek first the consent of Fresh Homemade Tortillas.
  6. You agree to comply with all other food preparation and production regulations set by your state, county, city, home association, or zoning authority.

6.10 Authorized Delivery Venues.You will offer your services for delivery or pickup. If delivering at other venues such as restaurants, retail store, farmer’s market, you agree to ensure first that those venues are permitted by your state, county, or city. You will not deliver or sell out of the state where you live.

6.11 Order Cancellation and Refund policy

  1. When receiving an order, the Provider may only cancel the order (i) if the Provider (based on knowledge of the delivery location) assesses the Provider’s safety would be at risk when delivering the product or (ii) extenuating circumstances such as natural disasters and pandemics, described in section 23.9. If so, Fresh Homemade Tortillas will refund 100% including any third-party transaction fees.
  2. If an order is received and before making the tortillas, the User decides to cancel the order, the User will receive 100% refund minus any transaction fees third parties may charge.
  3. If an order is received and after making the tortillas, the User decides to cancel the order, there will be a 50% cancellation fee.
  4. No refund will be issued after the tortillas have been delivered to or picked up by the User.
  5. Those with an active service subscription may cancel by emailing info@freshhomemadetortillas.com The cancellation will be effective 10 business days after the cancellation request receipt. User agrees to pay all fees and charges owed before cancellation becomes effective.
  6. If a User receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Fresh Homemade Tortillas exceeds your payout, Fresh Homemade Tortillas (via Fresh Homemade Tortillas Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Fresh Homemade Tortillas’ User Refund Policy and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Listing and/or the issuance of refunds to Users. If we reasonably expect to provide a refund to a User under one of these policies, we may delay release of any payout to you for that order until a refund decision is made.

7. Termination, Breach, Suspension, and Cancellation of Your Account.We reserve the right to cancel your account and terminate the agreement with you as a Provider for reasons that include but are not limited to:

  1. You move to a state where we do not operate. Fresh Homemade Tortillas operates in Arizona, California, Florida, New York, Texas, Utah, Virginia, and Washington State. Provider agrees to inform us of a move.
  2. You submitted false information on your application, including your homemade tortillas experience.
  3. You are or have been subject to a local, state, or federal investigation in relation to food production.
  4. You falsely stated ownership of the tortilla production location or submitted a fraudulent landlord consent letter.
  5. You sell or have sold tortillas at prohibited venues or outside your state or provide prohibited services.
  6. You are not complying and/or have not complied with your state’s annual sales limits.
  7. You are not meeting or have not met licensing, registration, permit, inspection, training, fees, and other re-occurring requirements set by your state, county, city, home association, or zoning authority.
  8. You are not complying or have not complied (because of open-source news reports, customer feedback, government food safety inspection results) with the no-pet, no-children, no- domestic activity, or other restrictions set by your state, county, city, home association, or zoning authority.
  9. You are not complying or have not complied with tax requirements set by your state, county, city, or another taxing authority.
  10. You appear to be selling and have sold (because of open-source news reports, customer feedback, government food safety inspection results) adulterated food (like impure, unsafe, poisonous, or illegal food).
  11. You appear to be in violation or have violated the Fresh Homemade Tortillas Non- Competition Agreement
  12. You are not in compliance or have not complied with the Fresh Homemade Tortillas brand or logo trademark use.
  13. You are not complying or have not complied with the tortilla production, labeling, supplies, or other requirements listed on these terms.
  14. You are not in compliance and have not complied with city, county, state, and federal sanitary conditions or food safety regulations.

If your account is suspended or terminated, it will be disabled and you may not be able to access your Account or other content (including your content) contained in it. Fresh Homemade Tortillas may or may not delete your account and content. Fresh Homemade Tortillas may also withdraw and reallocate any public web addresses associated with your account .

8. Taxes.

8.1 Provider Taxes.As a Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, sales taxes, income, or other taxes (“Taxes“).

8.2 Tax Information.In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Fresh Homemade Tortillas may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Provider Services to facilitate accurate tax reporting by you, our Users, and/or their organizations.

General Terms

9. Reviews.

After each Provider Service, Users and Providers will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violate these terms. Reviews are not verified by Fresh Homemade Tortillas for accuracy and may be incorrect or misleading.

10. Content.

Parts of Fresh Homemade Tortillas Platform may enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Fresh Homemade Tortillas a non- exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Fresh Homemade Tortillas pays for the creation of Content or facilitates its creation, Fresh Homemade Tortillas may own thatContent, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Fresh Homemade Tortillas the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Prohibited content includes discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Fresh Homemade Tortillas may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Fresh Homemade Tortillas does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations. You must not circumvent any technological measures we use to restrict how content is submitted or transmitted to others. We also reserve the right, but not the obligation, to regulate any of your Content, even if we do not regulate other content that may be similar to yours.

11. Fees.

  1. Fresh Homemade Tortillas helps connect Users with Providers. This includes using the Fresh Homemade Tortillas platform to receive orders from Users and collect payment for Providers. In exchange for that, Fresh Homemade Tortillas will receive _12___% per transaction of the total sales. Fresh Homemade Tortillas also may charge others fees and applicable Taxes.
  2. Except as otherwise provided on the Fresh Homemade Tortillas Platform, service fees are non-refundable.
  3. All payments through our Services are processed by a third-party. Third parties may charge a fee for processing payment collection. Fresh Homemade Tortillas will work to resolve issues with third parties. Fresh Homemade Tortillas is not responsible for the performance of third parties.
  4. Fresh Homemade Tortillas reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect orders made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.

12. Fresh Homemade Tortillas Platform Rules.

12.1 Rules.You must follow these rules and must not help or induce others to break or circumvent these rules.

  • Act with integrity and treat others with respect
    • Do not lie, misrepresent something or someone, or pretend to be someone else.
    • Be polite and respectful when you communicate or interact with others.
    • Do not discriminate against or harass others.
  • Do not scrape, hack, reverse engineer, compromise or impair the Fresh Homemade Tortillas Platform
    • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Fresh Homemade Tortillas Platform.
    • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Fresh Homemade Tortillas Platform or Content.
    • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Fresh Homemade Tortillas Platform.
    • Do not take any action that could damage or adversely affect the performance or proper functioning of the Fresh Homemade Tortillas Platform.
  • Only use the Fresh Homemade Tortillas Platform as authorized by these Terms or another agreement with us
    • You may only use another Member’s personal information as necessary to facilitate a transaction using the Fresh Homemade Tortillas Platform as authorized by these Terms.
    • Do not use the Fresh Homemade Tortillas Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
    • You may use Content made available through the Fresh Homemade Tortillas Platform solely as necessary to enable your use of the Fresh Homemade Tortillas Platform as a User or Provider.
    • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
    • Do not request, make, or accept an order or any payment outside of the Fresh Homemade Tortillas Platform to avoid paying fees, taxes or for any other reason.
    • Do not require or encourage Users to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a order, unless authorized by Fresh Homemade Tortillas.
    • Do not engage in any practices that are intended to manipulate our search algorithm.
    • Do not order Provider Services unless you are actually using the Provider Services.
    • Do not use, copy, display, mirror or frame the Fresh Homemade Tortillas Platform, any Content, any Fresh Homemade Tortillas branding, or any page layout or design without our consent.
  • Only use the Fresh Homemade Tortillas Platform as authorized by these Terms or another agreement with us
    • Honor your legal obligations
    • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
    • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
    • Read and follow our Terms.
    • Do not use the name, logo, branding, or trademarks of Fresh Homemade Tortillas or others without permission.
    • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Fresh Homemade Tortillas branding.
    • Do not offer Provider Services that violate the laws or agreements that apply to you.
    • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

12.2 Reporting Violations.If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Fresh Homemade Tortillas. In addition, if you believe that a Member, Listing or Content has violated these Terms, you should report your concerns to Fresh Homemade Tortillas. If you reported an issue to local authorities, Fresh Homemade Tortillas may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

12.3 Copyright Notifications.If you believe that Content on the Fresh Homemade Tortillas Platform infringes copyrights, please notify us in accordance with these Terms.

13. Termination, Suspension, and other Measures.

13.1 Term.The agreement between you and Fresh Homemade Tortillas reflected by these Terms is effective when you access the Fresh Homemade Tortillas Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

13.2 Termination.Unless Terminations are already addressed in the Provider Section 7, you may terminate this agreement at any time by sending us an email or by deleting your account. Fresh Homemade Tortillas may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Fresh Homemade Tortillas may also terminate this agreement immediately and without notice and stop providing access to the Fresh Homemade Tortillas Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Fresh Homemade Tortillas, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

13.3 Member Violations.Unless the breaches or violations are already addressed in the Provider Section 7, if (i) you breach these Terms, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Fresh Homemade Tortillas believes it is reasonably necessary to protect Fresh Homemade Tortillas, its Members, or third parties; Fresh Homemade Tortillas may, with or without prior notice:

  • suspend or limit your access to or use of the Fresh Homemade Tortillas Platform and/or your account;
  • suspend or remove Listings, Reviews, or other Content;
  • cancel pending or confirmed orders; or
  • suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Fresh Homemade Tortillas determines in its sole discretion, you will be given notice of any intended measure by Fresh Homemade Tortillas and an opportunity to resolve the issue. You may appeal actions taken by us under thisSection by contacting us. If a order is cancelled under this Section, the amount paid to the Provider will be reduced by the amount we refund or otherwise provide to the User, and by any other costs we incur as a result of the cancellation.

13.4 Legal Mandates.Fresh Homemade Tortillas may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.

13.5 Effect of Termination.If you are a Provider and terminate your Fresh Homemade Tortillas account, any confirmed order(s) will be automatically cancelled and your Users will receive a full refund. If you terminate your account as a User, any confirmed order(s) will be automatically cancelled and any refund will depend upon the terms of the order’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Fresh Homemade Tortillas Platform has been limited, or your Fresh Homemade Tortillas account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Fresh Homemade Tortillas Platform through an account of another Member.

13.6 Survival.Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 23.

14. Modification.

Fresh Homemade Tortillas may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Fresh Homemade Tortillas Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Fresh Homemade Tortillas Platform will constitute acceptance of the revised Terms.

15. Resolving Complaints.

Members (Uses and Providers) agree to act in good faith and resolve issues between themselves. Fresh Homemade Tortillas reserves the right to get involved and carry out these Terms including but not limited to account User account cancellation and Provider agreement termination.

16. Fresh Homemade Tortillas’ Role.

We offer a platform that enables Members to publish, offer, search for, and order Provider Services. While we work hard to ensure our Members have great experiences using Fresh Homemade Tortillas, we do not and cannot control the conduct of Users and Providers. You acknowledge that Fresh Homemade Tortillas has the right, but does not have any obligation, to monitor the use of the Fresh Homemade Tortillas Platform and verify information provided byour Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Fresh Homemade Tortillas Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Fresh Homemade Tortillas administers these Terms (such as extenuating circumstances described in Section 23.9), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Fresh Homemade Tortillas in good faith, and to provide Fresh Homemade Tortillas with such information and take such actions as may be reasonably requested by Fresh Homemade Tortillas with respect to any investigation undertaken by Fresh Homemade Tortillas regarding the use or abuse of the Fresh Homemade Tortillas Platform. Fresh Homemade Tortillas is not acting as an agent for any Member except for where Fresh Homemade Tortillas Payments acts as a collection agent as provided in the Payments Terms and supplier intermediary as described in the Supplies Section.

17. Member Accounts.

You must register an account to access and use many features of the Fresh Homemade Tortillas Platform. Registration is only permitted for natural persons who are 18 years or older. You represent and warrant that you are not a person barred from using the Fresh Homemade Tortillas Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Fresh Homemade Tortillas if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service Providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

18. Disclaimer of Warranties.

We provide the Fresh Homemade Tortillas Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User, Provider, Provider Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Fresh Homemade Tortillas Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or preventfuture misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or Fresh Homemade Tortillas has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

19. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FRESH HOMEMADE TORTILLAS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FRESH HOMEMADE TORTILLAS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FRESH HOMEMADE TORTILLAS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESH HOMEMADE TORTILLAS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FRESH HOMEMADE TORTILLAS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

20. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Fresh Homemade Tortillas’ option), indemnify, and hold Fresh Homemade Tortillas (including Fresh Homemade Tortillas Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our policies including the Privacy Policy (ii) your improper use of the Fresh Homemade Tortillas Platform, (iii) your interaction with any Member regarding any Provider Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, service, or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

21. United States Governing Law and Venue.

These Terms will be interpreted in accordance with the laws of the State of Ohio and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions that are excluded from the arbitration agreement in Section 22) must be brought in state or federal court in Cleveland, OH, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Cleveland, Ohio.

22. Dispute Resolution and Arbitration Agreement.

22.1 Application.This Arbitration Agreement only applies to you if you are contracting with Fresh Homemade Tortillas. If you are not contracting with Fresh Homemade Tortillas, and you nevertheless attempt to bring any legal claim against Fresh Homemade Tortillas in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

22.2 Overview of Dispute Resolution Process.Fresh Homemade Tortillas is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Fresh Homemade Tortillas’ customer service team (described in paragraph 15.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Fresh Homemade Tortillas each retain the right to seek relief in small claims court as an alternative to arbitration

22.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.At least 30 days prior to initiating an arbitration, you and Fresh Homemade Tortillas each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Fresh Homemade Tortillas by mailing it to Fresh Homemade Tortillas ’ address 6640 Pearl Rd Apt 705, Parma Heights, OH, 44130 or another assigned address (registered agent’s address). Fresh Homemade Tortillas will send its notice of dispute to the email address associated with your Fresh Homemade Tortillas account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

22.4 Agreement to Arbitrate. You and Fresh Homemade Tortillas mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Fresh Homemade Tortillas Payments agree that the arbitrator will decide that issue.

22.5 Exceptions to Arbitration Agreement.You and Fresh Homemade Tortillas each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (ii) a request for the remedy of public injunctive relief. You and Fresh Homemade Tortillas agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

22.6 Arbitration Rules and Governing Law.This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

22.7 Modification to AAA Rules – Arbitration Hearing/Location.In order to make the arbitration most convenient to you, Fresh Homemade Tortillas agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S county where you reside; (b) in Cuyahoga County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.

22.8 Modification of AAA Rules – Attorney’s Fees and Costs.Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

22.9 Arbitrator’s Decision.The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

22.10 Jury Trial Waiver.You and Fresh Homemade Tortillas acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

22.11 No Class Actions or Representative Proceedings.You and Fresh Homemade Tortillas acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

22.12 Severability.Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.

22.13 Changes to Agreement to Arbitrate.If Fresh Homemade Tortillas changes this Section 15 after the date you last accepted these Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Fresh Homemade Tortillas (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Fresh Homemade Tortillas.

22.14 Survival.Except as provided in Section 15.12 and subject to Section 13.7, this Section 15 will survive any termination of these Terms and will continue to apply even if you stop using the Payment Services or terminate your Fresh Homemade Tortillas account.

21. United States Governing Law and Venue.

These Terms will be interpreted in accordance with the laws of the State of Ohio and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions that are excluded from the arbitration agreement in Section 22) must be brought in state or federal court in Cleveland, OH, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Cleveland, Ohio.

23. Miscellaneous.

23.1 Other Terms Incorporated by Reference.TOur Privacy Policy, Payment Terms of Service and these Terms apply to your use of the Fresh Homemade Tortillas Platform, are incorporated by reference, and form part of your agreement with Fresh Homemade Tortillas.

23.2 Interpreting these Terms.Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Fresh Homemade Tortillas and you pertaining to your access to or use of the Fresh Homemade Tortillas Platform and supersede any and all prior oral or written understandings or agreements between Fresh Homemade Tortillas and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Fresh Homemade Tortillas. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.9 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

23.3 No Waiver.Fresh Homemade Tortillas’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

23.4 Assignment.You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Fresh Homemade Tortillas’ prior written consent. Fresh Homemade Tortillas may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

23.5 Notice.Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Fresh Homemade Tortillas via email, Fresh Homemade Tortillas Platform notification, messaging service (including SMS, WeChat, WhatsApp), or any other contact method we enable and you provide.

23.6 Third-Party Services.The Fresh Homemade Tortillas Platform may contain links to third- party websites, applications, services, or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Fresh Homemade Tortillas is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services may not be an endorsement. You are responsible for any third-party charges.

23.7 Google Terms.Some translations on the Fresh Homemade Tortillas Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Fresh Homemade Tortillas Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

23.8 Fresh Homemade Tortillas Platform Content.Content made available through the Fresh Homemade Tortillas Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Fresh Homemade Tortillas and/or its licensors and agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Fresh Homemade Tortillas Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Fresh Homemade Tortillas grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Fresh Homemade Tortillas Platform and accessible to you, solely for your personal and non-commercial use; (iii) use the Fresh Homemade Tortillas-authorized labels or packages and publicly display the Fresh Homemade Tortillas logo and brand name solely for the purpose of selling and delivering services (tortillas) when you have an active agreement with Fresh Homemade Tortillas.

23.9 Force Majeure.Fresh Homemade Tortillas shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, government-declared emergencies (travel restrictions), or disease, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.

23.10 Communication, Emails, and SMS.You will receive administrative communications from us using the email address or other contact information you provide for your Fresh Homemade Tortillas account or by posting notices on our Services. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Fresh Homemade Tortillas account.

We may provide Users with the ability to send messages to other Users and to post messages on our platform. We are under no obligation to review any messages posted on our platform by Users, and we assume no responsibility or liability relating to any such messages.

Regardless of the preceding paragraph, we may from time to time monitor the messages on our platform and may remove and/or reject any of them. You understand and agree not to use any of our Services to post messages that contain:

  • any unlawful, harmful, or potentially objectionable material;
  • unauthorized advertisements or solicitations
  • any kind of false information;
  • anything that would infringe on the intellectual property rights of others;
  • personal information (like phone numbers, social security numbers, or addresses);
  • potentially destructive code;
  • chain letters of any kind; or
  • identical (or substantially similar) messages to multiple recipients.

This prohibition includes, but is not limited to using our Services to connect to people who don’t know you and sending messages to distribution lists or group aliases.

While using our services, you may receive personal information, like an email address or physical address from a member or non-member. Unless you have the other User’s permission, you agree that you will only use that information for Fresh Homemade Tortillas-related communications that pertain to the issue at hand.

You agree that all communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

23.11 Contact Us.If you have any questions about these Terms, please write to Fresh Homemade Tortillas 6640 Pearl Rd Apt 705, Parma Heights, OH 44130 or email at info@freshhomemadetortillas.com