Terms of Service

Please read these Terms of Service carefully before using the website located at tacotime.rest or any services offered by Taco Time. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must not use our services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Taco Time ("Company," "we," "us," or "our"), governing your access to and use of the website tacotime.rest (the "Site"), including any content, features, functionality, online ordering tools, and services offered on or through the Site (collectively, the "Services").

By visiting our Site, creating an account, placing an order, subscribing to any promotional content, or otherwise interacting with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

You represent and warrant that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, and that you have the legal authority to enter into this Agreement. If you are using our Services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must immediately cease all use of the Site and Services. Continued use of the Site after any modification to these Terms constitutes your acceptance of the revised Terms.

2. Description of Services

Taco Time is a food service business that provides customers with freshly prepared Mexican-inspired food items, including but not limited to tacos, burritos, quesadillas, nachos, beverages, and related food products. Our Services include, but are not limited to:

• Online browsing and viewing of our menu offerings;
• Online ordering of food items for pickup or delivery (where available);
• Processing of payments for orders placed through the Site;
• Customer account creation and management;
• Loyalty programs, promotions, and special offers (when applicable);
• Customer support and communication services;
• Subscription to newsletters and promotional emails.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, including the availability of any feature, database, or content. We may also impose limits on certain features or restrict access to parts or all of the Services without notice or liability.

Menu items, prices, availability, and nutritional information displayed on the Site are subject to change at any time. Not all items may be available at all times or at all locations. We make reasonable efforts to ensure that information displayed is accurate, but we do not guarantee the accuracy, completeness, or currency of any content on the Site.

Delivery services, where offered, may be fulfilled by third-party delivery partners. We are not responsible for delays, errors, or other issues arising from the actions or omissions of third-party delivery providers.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security and confidentiality of your account credentials;
• Notify us immediately of any unauthorized use of your account or any other breach of security;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances;
• Ensure that all information you submit through the Site is truthful and not misleading.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities:

• Using the Site or Services for any unlawful purpose or in violation of any applicable laws or regulations;
• Attempting to gain unauthorized access to any portion of the Site, other user accounts, or any related systems or networks;
• Interfering with or disrupting the integrity or performance of the Site or Services;
• Transmitting any viruses, malware, spyware, or any other harmful or destructive code;
• Using any automated tools, bots, scrapers, or data mining techniques to access, extract, or collect data from the Site without our prior written consent;
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Services;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Posting or transmitting unsolicited commercial communications (spam);
• Attempting to circumvent any technological protection measures implemented on the Site;
• Using the Services to commit fraud, including but not limited to submitting false orders, using stolen payment credentials, or engaging in chargeback abuse;
• Copying, reproducing, distributing, or publicly displaying any content from the Site without our prior written permission;
• Engaging in any activity that could damage the reputation of Taco Time or its affiliates.

We reserve the right to investigate any suspected violations of these Terms and to take appropriate legal or administrative action, including terminating your access to the Services, reporting violations to law enforcement authorities, and pursuing civil remedies.

4. Intellectual Property Rights

The Site and all content, materials, features, and functionality available through the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation of all such content (collectively, "Content"), are the exclusive property of Taco Time or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Taco Time name, logo, and all related names, logos, product and service names, designs, slogans, and trade dress are trademarks of Taco Time or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use in connection with the Services. This license does not include the right to:

• Reproduce, distribute, or publicly display any Content;
• Modify or create derivative works based on any Content;
• Use any data mining, robots, or similar data gathering and extraction tools;
• Download or copy any Content for the benefit of another merchant or business;
• Use any Content for commercial purposes without our express written consent.

Any unauthorized use of the Content or the Site may violate copyright laws, trademark laws, laws of privacy and publicity, and other applicable laws and regulations, and could result in criminal or civil penalties. We reserve all rights not expressly granted in these Terms.

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Applicable taxes will be calculated and added to your total at checkout based on your delivery or pickup location and applicable state and local tax laws.

By submitting an order, you authorize us to charge your selected payment method for the total amount of your order, including the cost of food items, applicable taxes, delivery fees, service charges, and any other applicable fees.

We accept major credit and debit cards and other payment methods as displayed on the Site at the time of checkout. You represent and warrant that you have the legal right to use any payment method you submit in connection with an order.

5.2 Order Confirmation

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product availability, errors in pricing or product descriptions, or suspected fraud. If your order is cancelled after your payment has been processed, we will issue a refund to your original payment method.

5.3 Refunds and Cancellations

Our refund and cancellation policy is as follows:

• Orders may be cancelled prior to preparation. Once an order has entered the preparation stage, cancellation may not be possible.
• If you receive an incorrect or defective order, please contact us immediately at [email protected] and we will work to resolve the issue, which may include a replacement, credit, or refund at our discretion.
• Refunds, where applicable, will be processed within five (5) to ten (10) business days to the original payment method.
• We are not responsible for food quality issues arising from customer handling after delivery or pickup.

5.4 Promotions and Discounts

From time to time, we may offer promotional discounts, coupon codes, or special offers. Such promotions are subject to their individual terms and conditions, are non-transferable, and may not be combined with other offers unless expressly stated. We reserve the right to modify or terminate any promotion at any time.

6. Disclaimers and As-Is Basis

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TACO TIME EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, TACO TIME DOES NOT WARRANT THAT:

• THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE SITE WILL BE CORRECTED;
• THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Nutritional and allergen information provided on the Site is offered for informational purposes only and may not account for all variations in food preparation, customizations, or ingredient changes. Customers with food allergies or dietary restrictions should exercise caution and consult with our staff directly before placing an order. Taco Time is not responsible for adverse reactions arising from undisclosed allergens or cross-contamination.

Third-party content, websites, or services linked through our Site are provided for convenience only. We do not endorse, control, or assume any responsibility for any third-party content or services.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TACO TIME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
• ANY CONTENT OBTAINED FROM THE SITE;
• UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• ANY FOOD PRODUCTS ORDERED THROUGH THE SITE;
• ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF TACO TIME TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO TACO TIME IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations of liability set forth in this Section apply regardless of the theory of liability, whether based in contract, tort (including negligence), strict liability, or otherwise, even if Taco Time has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so some of the above limitations may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless Taco Time and its officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Site or Services, including but not limited to any data submitted by you;
• Your violation of any third-party rights, including but not limited to any intellectual property rights or privacy rights;
• Your violation of any applicable federal, state, or local laws, regulations, or ordinances;
• Any content or information you submit, post, or transmit through the Site;
• Your negligence or willful misconduct.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense of such claim.

9. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Taco Time operates, without regard to its conflict of law provisions.

To the extent that any claim or dispute is not subject to arbitration as provided in Section 10, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the United States. You hereby waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

In addition to the foregoing, the following federal laws may apply to your use of our Services:

• The Federal Trade Commission Act (FTC Act), which governs unfair or deceptive acts and practices in commerce;
• The Electronic Communications Privacy Act (ECPA);
• The Computer Fraud and Abuse Act (CFAA);
• The Children's Online Privacy Protection Act (COPPA), where applicable;
• The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), where applicable to California residents.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Taco Time at [email protected] and provide a written description of your complaint and the relief you are seeking. We will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within that period, either party may pursue the dispute through the formal processes described below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims for injunctive or other equitable relief, you and Taco Time agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Site, or the Services shall be resolved by final and binding arbitration, rather than in court, pursuant to the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND TACO TIME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Taco Time agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or other proprietary rights.

11. Term and Termination

These Terms shall remain in full force and effect while you use the Site or Services. We reserve the right, in our sole discretion, to:

• Suspend or terminate your account or access to the Services at any time, with or without cause, and with or without notice;
• Refuse service to any person or entity for any reason;
• Discontinue any portion or all of the Services at any time.

Upon termination, your right to use the Services will immediately cease. If your account is terminated, we may delete any content or information associated with your account. We shall not be liable to you or any third party for any termination of your access to the Services.

The following sections of these Terms shall survive any termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive termination.

12. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference and describes how we collect, use, store, and share information about you when you use our Site and Services. By using the Services, you agree to the collection and use of your information as described in our Privacy Policy.

If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to delete your personal information, and the right to opt-out of the sale of your personal information. Please refer to our Privacy Policy for more details on how to exercise these rights.

13. User-Generated Content

If you submit, post, upload, or otherwise provide any reviews, comments, feedback, suggestions, photographs, or other content to the Site ("User Content"), you grant Taco Time a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display such User Content in connection with operating and promoting the Services.

You represent and warrant that: (i) you own or have the necessary rights to submit the User Content; (ii) the User Content does not violate any third-party rights; and (iii) the User Content complies with these Terms and all applicable laws.

We reserve the right, but not the obligation, to review, monitor, and remove User Content at our sole discretion and without notice.

14. Accessibility

Taco Time is committed to ensuring that our Site and Services are accessible to individuals with disabilities, in compliance with applicable federal laws, including the Americans with Disabilities Act (ADA). If you experience any difficulty accessing our Site or Services, please contact us at [email protected] so that we may assist you and work to address any accessibility barriers.

15. Changes to Terms

We reserve the right to amend, modify, or update these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Site, with an updated "Last Updated" date at the top of this page. We may also provide you with notice of material changes via email or through a prominent notice on the Site.

Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must immediately stop using the Site and Services. We encourage you to review these Terms periodically to stay informed of any updates.

16. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity, illegality, or unenforceability of any single provision.

The failure of Taco Time to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any right or provision shall only be effective if made in writing and signed by a duly authorized representative of Taco Time.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by Taco Time on the Site, constitute the entire agreement between you and Taco Time with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. No oral representations or statements shall be construed to amend these Terms.

18. Electronic Communications

By using the Site or Services, you consent to receiving electronic communications from us, including emails, text messages, and notifications through the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt-out of receiving promotional emails at any time by following the unsubscribe instructions contained in those emails or by contacting us at [email protected]. Please note that opting out of promotional emails will not prevent you from receiving transactional communications related to your orders or account.

19. Force Majeure

Taco Time shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemic, pandemic, war, terrorism, civil unrest, government action, labor disputes, power outages, internet disruptions, or any other unforeseen circumstances or events outside our reasonable control ("Force Majeure Event"). We will make reasonable efforts to resume performance as soon as practicable following a Force Majeure Event.

20. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, your use of the Site, or any of the Services provided by Taco Time, please do not hesitate to contact us using the information below:

We will make every effort to respond to your inquiry within a reasonable timeframe. For urgent matters related to food safety, allergies, or order issues, please contact us as soon as possible via the email address provided above.