Terms of Service

Please read these Terms of Service carefully before using the website located at eat-cabanataco.rest (the "Site") or any services offered by Cabana Taco ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease use of our Site and services.

1. Acceptance of Terms

By accessing, browsing, or using eat-cabanataco.rest, or by clicking any button or link that states "I Agree," "Submit," "Place Order," or similar language, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with any additional guidelines, policies, or rules applicable to specific features or services offered by Cabana Taco, all of which are incorporated by reference into these Terms.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Cabana Taco. If you are using our Site or services on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and by accepting these Terms, you are doing so on behalf of that entity.

You must be at least thirteen (13) years of age to use this Site. If you are under the age of eighteen (18), you represent that you have your parent's or legal guardian's permission to use the Site and that they have read and agreed to these Terms on your behalf. We reserve the right to verify your age and to refuse service to anyone who does not meet our eligibility requirements.

We may update or revise these Terms at any time at our sole discretion. When we make material changes, we will post the updated Terms on this page with a revised effective date. Your continued use of the Site or services after any changes have been posted constitutes your acceptance of the revised Terms. It is your responsibility to check this page periodically for updates.

2. Description of Services

Cabana Taco is a food service business operating in the United States. We offer a range of services through our Site and physical operations, including but not limited to:

• Restaurant Menu Access: Users may browse our current food and beverage menu offerings, including tacos, sides, beverages, and seasonal specials.
• Online Ordering: Customers may place orders for pickup or delivery, where available, through our Site or through integrated third-party ordering platforms.
• Catering Inquiries: Users may submit requests for catering services for events, gatherings, and corporate functions.
• Reservation Requests: Where applicable, users may request table reservations or event space bookings.
• Promotions and Loyalty Programs: We may offer promotional offers, coupons, loyalty rewards, or discount programs, subject to separate terms and conditions.
• Customer Communications: Users may sign up to receive newsletters, promotional emails, or text message notifications from Cabana Taco.
• General Information: We provide information about our location, hours of operation, contact details, and company news.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without prior notice. We will not be liable to you or any third party for any such modifications, suspensions, or discontinuations. Menu items, pricing, availability, and hours of operation are subject to change without notice.

Cabana Taco may also partner with third-party delivery platforms, payment processors, or other service providers to fulfill certain aspects of our offerings. Your use of those third-party services is subject to their respective terms and policies, and Cabana Taco is not responsible for the practices of those third parties.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of using our Site and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or submitting any forms on the Site.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.
• Use the Site and services only for lawful purposes and in compliance with these Terms and all applicable local, state, and federal laws and regulations.
• Pay all charges incurred through your account, including applicable taxes and fees, in a timely manner.
• Comply with all applicable health and safety guidelines when visiting our physical location(s).
• Treat our staff, other customers, and delivery personnel with respect and courtesy.

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 federal, state, or local laws or regulations in the United States.
• Attempting to gain unauthorized access to any portion of the Site, any related systems or networks, or any account belonging to another user.
• Using automated tools, bots, scrapers, crawlers, or similar technologies to access, monitor, or copy any content or data from the Site without our express written permission.
• Introducing any viruses, Trojan horses, worms, malware, ransomware, or other harmful code to the Site or our systems.
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, in our sole judgment, may harm Cabana Taco or its users.
• Using the Site to send unsolicited communications, spam, or advertising to other users.
• Submitting false, misleading, or fraudulent orders, reservations, or information.
• Impersonating any person or entity, including any employee or representative of Cabana Taco.
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software used in connection with the Site.
• Collecting or harvesting personal information of other users from the Site.
• Using any portion of the Site for commercial purposes not expressly authorized by Cabana Taco in writing.
• Posting or transmitting any content that is defamatory, obscene, abusive, threatening, harassing, hateful, or otherwise objectionable.
• Engaging in any activity that could damage, overburden, impair, or disrupt our servers, network infrastructure, or the experience of other users.
• Attempting to place fraudulent orders, use stolen payment methods, or engage in charge-back fraud.

We reserve the right to investigate any suspected violations of these Terms and, in our sole discretion, to take appropriate action, including terminating your access to our Site and services, reporting violations to law enforcement, and pursuing legal remedies.

4. Intellectual Property Rights

All content and materials available on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, photographs, menu designs, branding elements, and software, are the exclusive property of Cabana Taco or its content suppliers and are protected by United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state intellectual property laws.

The Cabana Taco name, logo, trade dress, and all related marks, names, and slogans are trademarks or registered trademarks of Cabana Taco in the United States and may not be used without our prior written permission. All other trademarks, service marks, and trade names referenced on the Site are the property of their respective owners.

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

• Reproduce, distribute, publicly display, or create derivative works of any content from the Site;
• Use data mining, robots, or similar data gathering and extraction tools;
• Download or copy any account information for the benefit of another merchant;
• Use any meta tags or other hidden text utilizing our name or trademarks without our express written consent.

Any unauthorized use of our intellectual property will immediately terminate the license granted to you and may constitute an infringement of our intellectual property rights, subjecting you to civil and/or criminal liability under applicable law. We actively monitor and enforce our intellectual property rights.

If you submit, post, or transmit any content, feedback, suggestions, reviews, or other materials to us through the Site ("User Submissions"), you grant Cabana Taco a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Submissions in any media for any purpose, including marketing and promotional purposes, without compensation to you. You represent and warrant that you own or have the necessary rights to grant this license and that your User Submissions do not infringe upon any third-party rights.

5. Online Ordering and Payment Terms

5.1 Order Placement

When placing an order through our Site, you represent that all information you provide, including your contact details, delivery address, and payment information, is accurate and complete. Orders are subject to availability and confirmation. We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product unavailability, pricing errors, or suspected fraud.

Receipt of an order confirmation does not constitute acceptance of your order. We may cancel an order after confirmation if we are unable to fulfill it, in which case we will issue a full refund using the original payment method.

5.2 Pricing and Taxes

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, service fees, or delivery charges, which will be calculated and disclosed prior to the completion of your order. You are responsible for all applicable taxes assessed on your purchase under federal, state, and local law.

5.3 Payment Methods

We accept payment through credit cards, debit cards, and other payment methods as indicated on the Site at the time of your order. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Cabana Taco and its payment processors to charge your payment method for all amounts due.

5.4 Refunds and Cancellations

If you are unsatisfied with your order due to an error on our part, please contact us within twenty-four (24) hours of receiving your order. Refunds, if applicable, will be issued at our sole discretion and will be processed using the original payment method. We do not guarantee refunds for dissatisfaction with taste or preference. Catering orders may be subject to separate cancellation and refund policies, which will be communicated at the time of booking.

5.5 Third-Party Ordering Platforms

If you place an order through a third-party delivery platform (such as DoorDash, Uber Eats, or Grubhub), your transaction is subject to that platform's terms of service and privacy policy. Cabana Taco is not responsible for the actions or omissions of third-party platforms, including delivery delays, errors, or payment disputes arising from those platforms.

6. Food Safety, Allergens, and Dietary Information

Cabana Taco makes reasonable efforts to provide accurate descriptions of our menu items, including common allergens. However, our kitchen handles a wide variety of ingredients, and we cannot guarantee that any menu item is completely free from any particular allergen. Cross-contamination may occur during food preparation.

If you have a food allergy, intolerance, or dietary restriction, we strongly encourage you to inform our staff directly prior to ordering and to exercise your own judgment about the suitability of our menu items for your needs. Cabana Taco shall not be liable for any adverse reaction resulting from consumption of our food products where allergen information has been made available and the customer has failed to disclose their specific needs or failed to exercise appropriate care.

Menu descriptions, ingredient lists, and nutritional information provided on our Site are for general informational purposes only and may be subject to change. We are not responsible for any inaccuracies in third-party nutritional databases or information displayed on third-party platforms.

7. Disclaimers and "As-Is" Basis

YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SITE AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CABANA TACO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT DEFECTS IN THE SITE WILL BE CORRECTED;
• WARRANTIES THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

No advice or information, whether oral or written, obtained by you from Cabana Taco or through the Site shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CABANA TACO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities;
• Loss of data or information;
• Business interruption;
• Goodwill or reputation damage;
• Personal injury or property damage not caused by our gross negligence or willful misconduct;
• Any other intangible losses;

EVEN IF CABANA TACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

IN NO EVENT SHALL CABANA TACO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO CABANA TACO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations in this section apply to the fullest extent permitted by applicable law. Some states, including those that have enacted consumer protection statutes with mandatory liability provisions, may not allow the exclusion or limitation of certain types of damages. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Cabana Taco, its parent companies, subsidiaries, affiliates, officers, directors, managers, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising from or relating to:

• Your access to or use of the Site or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
• Any User Submissions you provide to Cabana Taco;
• Your negligence or willful misconduct;
• Any dispute between you and any third party in connection with the services;
• Your misrepresentation of any information provided to Cabana Taco.

We reserve the right, at our own expense, to assume exclusive control of the defense of any matter subject to indemnification by you. In such case, you agree to cooperate fully with us in asserting any available defenses and to provide us with any assistance we may reasonably request. You shall not settle any claim subject to this indemnification provision without our prior written consent.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Site and services.

10. Governing Law and Jurisdiction

These Terms of Service 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 and the laws of the state in which Cabana Taco is registered and operates, without regard to its conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site and services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purpose of litigating any such action or proceeding.

To the extent applicable, Cabana Taco's operations and these Terms are subject to compliance with:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, governing unfair or deceptive acts and practices in commerce;
• The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), to the extent applicable to California residents;
• The CAN-SPAM Act of 2003, governing commercial electronic mail;
• The Americans with Disabilities Act (ADA), to the extent applicable to our online and physical operations;
• All applicable federal and state food safety, health, and consumer protection regulations;
• The Electronic Signatures in Global and National Commerce Act (E-SIGN Act), recognizing the validity of electronic agreements.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to contact Cabana Taco in writing at [email protected] and provide a detailed description of your dispute, the relief you are seeking, and your contact information. We will endeavor to resolve the dispute informally within thirty (30) calendar days of receiving your written notice. Both parties agree to negotiate in good faith during this informal resolution period.

11.2 Binding Arbitration

If informal resolution is unsuccessful, you and Cabana Taco agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the services (including questions about the scope, applicability, enforceability, revocability, or validity of this arbitration agreement) shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in the English language.

The arbitrator shall have the authority to award any remedy that would be available in a court of law. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs of arbitration, except that the AAA's administrative fees shall be allocated in accordance with the AAA's Consumer Arbitration Rules.

11.3 Class Action Waiver

YOU AND CABANA TACO 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Nothing in this section shall prevent either party from filing a complaint with a relevant governmental agency or regulatory body.

If the class action waiver is found to be unenforceable for any particular claim or dispute, then that claim or dispute shall not be subject to arbitration and shall be litigated in court, while remaining claims or disputes shall proceed to arbitration.

12. Term and Termination

These Terms shall remain in full force and effect for so long as you access or use the Site or services. You may terminate your use of the Site at any time by discontinuing your access to and use of the Site.

Cabana Taco reserves the right, in its sole discretion, to suspend or terminate your access to the Site and services at any time, with or without cause and with or without notice, including but not limited to for the following reasons:

• Violation of any provision of these Terms;
• Engaging in fraudulent, abusive, or illegal activity;
• Requests from law enforcement or government agencies;
• Technical, security, or operational issues;
• Extended periods of inactivity;
• Business decisions to discontinue or modify services.

Upon termination, your license to use the Site and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

We shall not be liable to you or any third party for any termination of your access to the Site or services. If your account is terminated for cause, you may be prohibited from registering a new account with us.

13. Changes to Terms

Cabana Taco reserves the right to modify, update, or replace these Terms at any time at our sole and absolute discretion. We will provide notice of material changes by:

• Posting the updated Terms on this page with a new "Last Updated" date;
• Sending an email notification to registered users at the email address on file;
• Displaying a prominent notice on our Site homepage or ordering page.

Changes to these Terms will become effective upon posting, unless otherwise indicated. Your continued use of the Site or services after the effective date of any changes constitutes your binding acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately cease all use of the Site and services and, if applicable, delete your account.

We encourage you to review these Terms periodically to stay informed about any changes. The date at the top of this page indicates when these Terms were last revised.

14. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, or services that are not owned or controlled by Cabana Taco. These links are provided for your convenience and informational purposes only. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services.

We do not warrant or make any representation regarding the accuracy, reliability, or quality of any content, goods, services, or information available through any third-party links. The inclusion of any link does not imply our endorsement of the linked site or service. You access and use third-party websites and services at your own risk, and you agree that Cabana Taco shall have no liability for any harm or damage arising from your use of or reliance on any third-party content or services.

We encourage you to review the terms and privacy policies of any third-party websites or services that you visit or use through links on our Site.

15. Privacy Policy

Your use of the Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and disclose information about you in connection with your use of the Site and services. By agreeing to these Terms, you also acknowledge and agree to our Privacy Policy.

To the extent that 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), as described in our Privacy Policy.

16. Electronic Communications

By using our Site or providing your contact information, you consent to receive electronic communications from Cabana Taco, including emails, text messages, and push notifications, relating to your orders, account activity, and promotional offers, subject to your communication preferences and applicable law.

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 acknowledge that electronic contracts, notices, and signatures have the same legal effect as paper contracts, notices, and signatures under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

You may opt out of promotional communications at any time by following the unsubscribe instructions included in each message or by contacting us directly. However, we may still send you transactional or administrative messages that are necessary for the operation of your account or the fulfillment of your orders.

17. Force Majeure

Cabana Taco shall not be liable for any failure or delay in performance of our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics or public health emergencies, war, terrorism, riots, civil unrest, government actions, labor strikes, supply chain disruptions, power outages, internet or telecommunications failures, or other events of force majeure. In such circumstances, our obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume normal operations as soon as practicable.

18. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be modified to the minimum extent necessary to make it enforceable and consistent with the original intent of the parties, and the remainder of these Terms shall continue in full force and effect.

The parties intend that any provision held invalid or unenforceable be modified to the extent necessary to reflect the parties' intent and to be enforceable under applicable law, and that all remaining provisions of these Terms continue to be valid and enforceable in accordance with their terms.

19. Waiver

No waiver by Cabana Taco of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Cabana Taco to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver of any breach of these Terms must be in writing and signed by an authorized representative of Cabana Taco to be effective.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements incorporated by reference herein, constitute the entire agreement between you and Cabana Taco 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 statements, representations, or warranties made by any representative of Cabana Taco shall modify or supplement these Terms unless made in a written amendment signed by an authorized officer of Cabana Taco.

21. Accessibility

Cabana Taco is committed to making our Site accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and applicable state laws. If you experience any difficulty accessing our Site or services, please contact us at the information provided below and we will make reasonable efforts to assist you and address any accessibility barriers.

22. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to notify us of any legal matter, please contact us using the following information:

We will endeavor to respond to all inquiries within a reasonable time frame. For urgent legal matters, please clearly indicate the nature of your inquiry in the subject line of your communication.