Terms of Use – Taco Bros

Taco Bros Terms of Use

Your access and use of the web sites and apps on which these terms reside (collectively, the “Platform”), and the features, loyalty and other programs, events and services offered on or in connection with this Platform (collectively, the “Services”), are subject to these Terms of Use (this “Agreement”), which sets forth a legally binding agreement between you and Taco Bros Corp. (“Taco Bros”).

Please read this Agreement carefully before accessing or using this Platform or participating in any Services. If you do not agree to the terms contained in this Agreement, then you may not access or use the Platform or participate in the Services. Your access or use of the Platform or participation in any Service constitutes your acknowledgment that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement. This includes, but is not limited to, conducting this transaction electronically and accepting the disclaimer of warranties, damage and remedy exclusions and limitations, binding arbitration provision, class action waiver, jury trial waiver, and a choice of California law except as otherwise provided herein. In arbitration, there is less discovery and appellate review than in court. Please read these provisions carefully as they affect your legal rights. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations, and/or rules with regard to your access and use of the Platform and your participation in any Services.

From time to time Taco Bros may update this Platform and this Agreement. You understand and agree to periodically review this Agreement posted on this Platform for any changes. Your continued access or use of this Platform or your participation in any Services after Taco Bros posts changes to this Agreement constitutes your agreement to those changes effective immediately. Taco Bros may, in its sole discretion, and at any time, discontinue this Platform or any part thereof and any of the Services, with or without notice, or may prevent your use of this Platform or the Services with or without notice to you. You agree that you do not have any rights in this Platform and Taco Bros will have no liability to you if this Platform is discontinued or your ability to access or use the Platform is terminated.

YOU MAY NOT USE THE PLATFORM OR ANY SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS OR USE TO THE PLATFORM OR PARTICIPATION IN ANY SERVICES MAY BE TERMINATED IMMEDIATELY IN TACO BROS’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.

1. License

Taco Bros grants you a limited, nonexclusive, revocable license to use portions of the Platform solely for your own private, non-commercial purposes only and solely in accordance with the terms of this Agreement. You acknowledge that any reliance on the Platform or any Content (as hereafter defined) will be at your own risk. Taco Bros also makes no representations regarding the amount of time that any Content will be preserved. The Platform, and any services performed, provided or enabled by or through the Platform and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, layout and other materials provided to you via the Platform and the compilation of the foregoing (collectively “Content”), are intended only for the lawful use by users of the Platform. The Platform, Content, and the selection, coordination, and arrangement thereof, is owned either by Taco Bros, and/or its respective licensors. The unauthorized copying, displaying, selling, distributing, or other use of any Content or Platform is a violation of the law. You acknowledge having been advised by Taco Bros that the Content and Platform is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other intellectual property and proprietary rights laws.

The rights granted herein are non-transferable, and are limited to Taco Bros’s intellectual property rights in the Platform. This Agreement does not grant you any rights to use Taco Bros proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Platform. You agree not to download, display, or use any Content use in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of Taco Bros, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Taco Bros or its licensors’ property, or that otherwise infringes Taco Bros or its licensors’ intellectual property rights.

2. Use of the Platform

The following requirements apply to your use of the Platform:

You agree that no comments submitted by you to the Platform will violate any right of any third party.
Harassment in any manner or form on the Platform is strictly forbidden.
You will not use the Platform for any commercial purpose not expressly approved by Taco Bros in writing.
You will not upload, transmit, email, post, or otherwise communicate any material that contains viruses, corrupted files, or any other computer code which might adversely affect the functionality of Taco Bros’s system.
You may not access or use the Platform while driving or behind the wheel of a vehicle that is not in “park”.

3. Dispute Resolution (Including Informal Dispute Resolution; Binding Arbitration, Class Action Waiver, Jury Trial Waiver)

Please Read This Section Carefully – It Significantly Affects Your Legal Rights.

You and Taco Bros agree that most disputes that cannot be resolved informally shall be resolved through binding individual arbitration.

Mandatory Informal Dispute Resolution Process. Before submitting a demand for arbitration, if either you or Taco Bros has a Dispute with the other party, that party shall first provide the other party with a written notice (“Notice”).

Agreement to Binding Individual Arbitration. You and we agree that the sole and exclusive forum for any and all Disputes between you and Taco Bros shall be final and binding individual arbitration.

Class Action Waiver and Jury Trial Waiver. You and Taco Bros each agree that any proceeding, whether in arbitration or litigation in court, will be conducted only on an individual basis and not in a class, collective, consolidated, or representative action. To the fullest extent permitted by law, you and Taco Bros waive the right to a jury trial.

4. Interactive Features & User Generated Content

On certain areas of the Platform, such as video upload features, creating customized menu items, message boards, or chat rooms, you may be given the opportunity to interact with other users, or create, share, or generate images, graphics, and other content (collectively, “User Generated Content” or “UGC”). Use of any interactive features of the Platform is governed by and subject to the following terms (“Posting Rules”).

Without limiting the license granted under Section 2 of this Agreement, by using any of the interactive features of the Platform, you expressly hereby grant Taco Bros a non-exclusive, sub-licensable, worldwide, fully-paid, irrevocable, transferable, and royalty free license to: (i) display all UGC to other users and visitors to the Services; and (ii) use, distribute, reproduce, re-share, re-post, re-use, modify, adapt, delete, remove, publicly perform, publicly display, and prepare derivative works of your UGC for any and all purposes.

Responsibility of Postings: You understand and acknowledge that UGC, messages, and postings are the sole responsibility of the author, and that Taco Bros is not responsible for the UGC or information that may appear in interactive features. Opinions expressed do not necessarily reflect the opinions of Taco Bros.

If you believe that UGC was posted in violation of these rules, please email the text to webmaster@tacobros.com. If you are a copyright or trademark owner and you believe your rights have been violated, please contact support@tacobros.com .

5. Communicating with Taco Bros

The information that you provide to Taco Bros through the Platform is governed by Taco Bros’s Privacy Policy. By using the Platform, you acknowledge and agree that any materials, ideas, or other communications you transmit to Taco Bros in any manner and for any reason will not be treated as confidential or proprietary.

6. Mobile Service, Internet, and Service Fees

The use of the Platform on a mobile device (whether the Taco Bros Mobile Application or Mobile Web Platform) requires wireless mobile data service and may require internet access. You are responsible for all usage charges related thereto. The Platform may not work with all computers, browsers, or mobile carriers. Taco Bros makes no representations regarding compatibility.

7. Accounts, Passwords, and Security

If the Platform requires you to create an account, you must provide Taco Bros with current, complete, and accurate information. It is your responsibility to maintain the confidentiality of your login credentials. Taco Bros is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

8. Taco Bros Gift Cards

Taco Bros Gift Cards are subject to the Taco Bros Gift Card Terms of Use.

9. Transactions and Product Availability

Through the Platform, you may be able to order products or services. You represent and warrant that you have the legal right to use any credit or debit card utilized in connection with any transaction. Taco Bros reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service and to refuse to provide any user with any product or service.

Refunds: Taco Bros will not accept returns of products purchased through the Platform. You may be entitled to a refund at the sole discretion of Taco Bros based on individual circumstances.

Taco Bros Weddings: In Taco Bros’s discretion, we may elect to offer event or wedding packages in select areas (a “Taco Bros Wedding”). All such purchases are non-refundable and subject to specific scheduling by Taco Bros.

10. Taco Bros Rewards Program

The Taco Bros Rewards Program (“Program”) is a promotional program offered by Taco Bros. Under the Program, you can earn Points by making qualifying purchases at participating Taco Bros restaurants.

Changes to Program: Taco Bros reserves the right to modify or terminate the Program at any time, even though such changes may affect the value of Points already accumulated.
Earning Points: You earn Points for Qualifying Purchases as set forth at www.tacobros.com/rewards. Points expire six (6) months after the calendar month during which they were earned.
Tier Levels: Tier levels (e.g., “Hot” and “Fire”) are determined by your Point accumulation and are subject to change at Taco Bros’s discretion.
Redemption: When the required Points (e.g., 250 Points) are earned, they automatically convert to a Reward. Limit: One (1) Reward per transaction.

11. Representations, Disclaimer of Warranties, and Limitations of Liability

Taco Bros and its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents (collectively, “Taco Bros Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Platform. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by Taco Bros or the Taco Bros Affiliates.

Taco Bros and the Taco Bros Affiliates are not responsible for any resulting damage to any user’s device or computer from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction.

THE PLATFORM (INCLUDING ALL PLATFORM UPDATES), THE SERVICES, AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TACO BROS AND THE TACO BROS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU AGREE THAT TACO BROS AND THE TACO BROS AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM.

12. Links to Third-Party Platforms and Services

The Platform may provide connectivity or links to other third-party services, websites, or applications (“Third-Party Services”). Taco Bros has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access. Your use of the Third-Party Services is at your own risk.

13. Assignment

Taco Bros may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of it, to any other person.

14. General

By accessing this Platform, you agree to indemnify, defend, and hold Taco Bros and the Taco Bros Affiliates harmless from and against any actual or alleged claims, demands, causes of action, and expenses (including reasonable attorneys’ fees) arising out of or relating to your breach of this Agreement or your violation of any law.

15. Additional Terms for Users of the Mobile App Platform

Users of the mobile app platform expressly consent to receive push notifications from and on behalf of Taco Bros.

16. Users of the Apple Mobile App Platform

You acknowledge that this agreement is entered into by and between Taco Bros and you and not with Apple, Inc. Apple, Inc. is not responsible for the platform and/or its content. Apple, Inc. has no obligation whatsoever to maintain or support the platform.

17. Mobile App Platform Updates

Taco Bros may make available for download certain platform updates or upgrades. Except as permitted by applicable law, you may not copy, decompile, reverse engineer, or attempt to derive the source code of the platform.

18. Patent Disclosure

Digital ordering is covered under patents 6,384,850, 6,871,325, 6,982,722, and 8,146, 077, which is owned by Ameranth, Inc. and used with permission by Taco Bros Corp. Certain elements of the Taco Bros mobile app are licensed pursuant to one or more of the United States patents described at www.tacobros.com/mobile/legal.

19. Notice To California Users

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Services, please send an email to support@tacobros.com or call us at [Your Business Phone Number]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254.

20. Privacy Policy

By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Taco Bros Privacy Policy, which is hereby incorporated by reference into this Agreement.

21. Donations to Taco Bros Foundation

Taco Bros customers can round up their purchase total to the nearest dollar and donate the change to Taco Bros Foundation (“Foundation”), a 501(c)(3) tax-exempt public charity. In accordance with California law, customers in California who donate to the Foundation online must be given the option to share their name and contact information with the Foundation. If any California resident would like to share their contact information with the Foundation, email foundation@tacobros.com. To learn more, visit TacoBrosFoundation.org.