Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at food-tacotime.click (the "Website") or any services offered by Taco Time ("Company," "we," "us," or "our"). By accessing or using our Website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By visiting, accessing, or using the Website located at food-tacotime.click, placing an order, registering for an account, or otherwise interacting with Taco Time's digital or physical services, you ("User," "Customer," or "you") expressly agree to be legally bound by these Terms of Service and all applicable federal, state, and local laws and regulations of the United States of America.

These Terms constitute a legally binding agreement between you and Taco Time. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes. If you are using our services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" shall refer to both you individually and such entity.

You must be at least thirteen (13) years of age to use this Website. If you are under the age of eighteen (18), you represent that you have obtained parental or guardian consent to use this Website and agree to these Terms. We reserve the right to verify your age and to refuse service to anyone we believe does not meet these requirements.

2. Description of Services

Taco Time is a food service business operating in the United States, providing customers with a variety of food and beverage products, including but not limited to Mexican-inspired cuisine, tacos, burritos, nachos, quesadillas, beverages, and related food items. Our services include, but are not limited to, the following:

• Online Ordering: Customers may browse our menu and place food orders through the Website for pickup or delivery, where available.
• Menu Information: We provide detailed information regarding our menu items, including ingredients, allergen disclosures, nutritional information (to the extent available), and pricing.
• Promotional Offers: We may offer special deals, discounts, loyalty programs, coupons, and promotional content through the Website.
• Customer Support: We provide customer service through electronic communication channels and, where applicable, telephone support.
• Account Management: Registered users may manage their profiles, order history, saved preferences, and communication settings.
• Third-Party Delivery Integration: Where applicable, we may integrate with third-party delivery platforms to facilitate the delivery of food orders to customers.

We reserve the right to modify, suspend, discontinue, or restrict access to any portion of our services at any time, with or without notice, and without liability to you. The availability of menu items, services, and pricing is subject to change without prior notice. Not all services may be available in all geographic areas.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Website and our services, you agree to:

• Provide accurate, current, and complete information when registering for an account or placing an order.
• Maintain the confidentiality and security of your account credentials, including your username and password.
• Promptly notify us of any unauthorized use of your account or any other breach of security at [email protected].
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website.
• Use the Website and services solely for lawful, personal, or legitimate business purposes.
• Treat all staff, representatives, and other users with respect and courtesy in all communications.

3.2 Prohibited Activities

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

• Using the Website or services for any unlawful, fraudulent, or malicious purpose, including but not limited to placing fraudulent orders, submitting false information, or using stolen payment credentials.
• Attempting to gain unauthorized access to any portion of the Website, its related systems, servers, or networks, or to circumvent any security features.
• Using automated tools, bots, scrapers, spiders, or similar technology to access, collect, or index any content from the Website without express written permission from Taco Time.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or its content for commercial purposes without our express written authorization.
• Uploading, transmitting, or distributing any viruses, malware, ransomware, trojans, or other malicious code that may damage or interfere with the Website or related infrastructure.
• Engaging in any conduct that restricts or inhibits any other person's use or enjoyment of the Website, or which, in our sole judgment, exposes Taco Time or any user to liability or harm.
• Harassing, threatening, defaming, or impersonating any individual or entity, including our staff, agents, or other customers.
• Posting, transmitting, or sharing any content that is unlawful, obscene, defamatory, discriminatory, or otherwise objectionable.
• Attempting to reverse engineer, decompile, or disassemble any software or technology used to operate the Website.
• Violating any applicable local, state, national, or international law or regulation, including but not limited to the Federal Trade Commission Act (FTC Act), the Computer Fraud and Abuse Act (CFAA), or the California Consumer Privacy Act (CCPA/CPRA) where applicable.
• Creating multiple accounts to abuse promotional offers, exploit loyalty programs, or circumvent any restrictions placed on your account.

We reserve the right, at our sole discretion, to terminate, suspend, or restrict your access to the Website and services for violations of these Terms, without notice or liability.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Website, including but not limited to text, graphics, logos, icons, images, audio clips, photographs, digital downloads, data compilations, software, and the overall design and compilation of the Website (collectively, "Content"), are the exclusive property of Taco Time or its licensors and are protected by applicable United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

4.1 Trademarks

The name "Taco Time," along with all associated logos, slogans, product names, and branding, are proprietary trademarks of Taco Time. Nothing in these Terms grants you any license or right to use any trademark, trade name, logo, or service mark of Taco Time without our prior written consent. Unauthorized use of our trademarks is strictly prohibited and may constitute trademark infringement under applicable U.S. law.

4.2 Limited License

Subject to your compliance with these Terms, Taco Time grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use, or for the purpose of placing legitimate orders for food and beverages. This license does not include any right to:

• Reproduce, modify, or create derivative works of any Content;
• Distribute, transmit, or publicly display any Content;
• Use the Website or its Content for any commercial purpose or for public display without our express written permission.

4.3 User-Generated Content

If you submit, post, or transmit any reviews, comments, suggestions, feedback, photos, or other content to us through the Website or any associated social media channels ("User Content"), you hereby grant Taco Time a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe any third-party rights.

5. Payment Terms

Where our Website facilitates online ordering and payment, the following payment terms apply:

5.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, delivery fees, or service charges, which will be calculated and displayed at the time of checkout.

5.2 Accepted Payment Methods

We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as indicated on the Website at the time of checkout. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Taco Time or its payment processor to charge the full amount of your order, including applicable taxes and fees.

5.3 Order Confirmation

Placing an order through our Website constitutes an offer to purchase. We reserve the right to accept or decline your order for any reason, including but not limited to unavailability of items, errors in pricing or product descriptions, or suspicion of fraudulent activity. An order is confirmed only when you receive a written or electronic order confirmation from us.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared or is in transit. If you experience a quality issue with your order, please contact us within a reasonable time at [email protected]. Refunds or replacements will be issued at our sole discretion and in accordance with applicable consumer protection laws, including those enforced by the Federal Trade Commission (FTC).

5.5 Promotional Codes and Discounts

Promotional codes, coupons, and discount offers are subject to specific terms and conditions and may not be combined with other offers unless expressly stated. We reserve the right to refuse, cancel, or expire promotional codes at any time. Promotional offers are intended for single use per customer and may not be transferred or exchanged for cash.

6. Disclaimers

THE WEBSITE AND ALL SERVICES, CONTENT, PRODUCTS, AND INFORMATION PROVIDED BY TACO TIME 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, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS BEYOND THOSE REQUIRED BY APPLICABLE LAW.

We make no warranty that our services will meet your specific requirements or that results obtained from the use of our services will be accurate, reliable, or satisfactory. Any reliance on the information provided on the Website is solely at your own risk.

Allergen and Nutritional Information Disclaimer: While we strive to provide accurate allergen and nutritional information, we cannot guarantee that such information is complete or error-free. Our food is prepared in shared kitchen environments where cross-contamination with allergens (including nuts, dairy, gluten, and others) may occur. Customers with severe food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES AND THE STATE IN WHICH TACO TIME OPERATES, IN NO EVENT SHALL TACO TIME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• ANY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR OUR SERVICES;
• ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY DAMAGES ARISING FROM ERRORS, INACCURACIES, OR OMISSIONS IN THE CONTENT OR INFORMATION PROVIDED ON THE WEBSITE;
• ANY FOOD-RELATED ILLNESS, INJURY, OR ADVERSE REACTION CAUSED BY FAILURE TO DISCLOSE ALLERGIES OR DIETARY RESTRICTIONS TO US PRIOR TO ORDERING.

IN NO EVENT SHALL TACO TIME'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO TACO TIME IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TACO TIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of the Website or our services;
• Your violation of any applicable law, regulation, or third-party rights, including intellectual property rights, privacy rights, or rights of publicity;
• Any User Content you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraud;
• Any inaccurate or false information you provided in connection with your account or order.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense of such claims. You agree not to settle any claim without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them (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's principal place of business is located, without giving effect to any choice of law or conflict of law provisions.

To the extent permitted by law, you consent to the exclusive jurisdiction of the federal and state courts located in the United States for the resolution of any disputes arising out of or relating to these Terms or your use of the Website. You hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

These Terms are subject to applicable federal laws of the United States, including:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, governing unfair or deceptive acts or practices in commerce;
• The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030;
• The Electronic Communications Privacy Act (ECPA);
• The CAN-SPAM Act governing commercial electronic messages;
• The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), to the extent applicable to California residents;
• All other applicable federal and state consumer protection laws.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Taco Time directly to attempt to resolve any dispute informally. Please send a written description of your dispute to [email protected]. We will attempt to resolve the matter within thirty (30) days of receipt of your written notice. If we are unable to resolve the dispute informally within this period, either party may pursue formal dispute resolution as described below.

10.2 Binding Arbitration

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION.

The arbitration shall be administered by a recognized arbitration body, such as the American Arbitration Association (AAA), under its Consumer Arbitration Rules. The arbitration shall take place in the United States, and the language of the arbitration shall be English. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

10.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS-WIDE BASIS. If a court or arbitrator determines that the class action waiver is unenforceable for any reason, then the arbitration agreement shall not apply, and the dispute shall be resolved in a court of competent jurisdiction.

10.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, pending resolution by arbitration. Nothing in this section shall prevent Taco Time from seeking injunctive or other equitable relief from the courts for violations of intellectual property rights.

11. Term and Termination

These Terms of Service are effective from the date you first access or use the Website and shall remain in full force and effect until terminated in accordance with the provisions herein.

11.1 Termination by You

You may terminate your use of the Website and your account at any time by discontinuing your use of our services and, if applicable, deleting your account. Please contact us at [email protected] to request the deletion of your account data in accordance with applicable privacy laws.

11.2 Termination by Taco Time

We reserve the right, at our sole discretion, to terminate, suspend, or restrict your access to the Website and any associated services at any time and for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to make timely payment for orders placed through the Website;
• Extended periods of account inactivity;
• At our business discretion, without cause, upon reasonable notice where required by law.

11.3 Effect of Termination

Upon termination, your right to access and use the Website and services immediately ceases. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

12. Changes to Terms

Taco Time reserves the right, in its sole discretion, to modify, update, or revise these Terms of Service at any time. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. In certain circumstances, we may also notify you of changes by sending an email to the address associated with your account or by displaying a prominent notice on the Website.

Your continued access to or use of the Website following the posting of any revised Terms constitutes your acceptance of and agreement to be bound by the updated Terms. It is your responsibility to review these Terms periodically for any changes. If you do not agree to any modified Terms, you must discontinue your use of the Website immediately.

No modification of these Terms by you shall be valid or binding upon Taco Time unless expressly agreed to in writing by an authorized representative of Taco Time.

13. Third-Party Links and Services

The Website may contain links to third-party websites, applications, services, or platforms (including third-party delivery services, payment processors, and social media platforms) that are not owned or controlled by Taco Time. We provide these links for your convenience and reference only. Taco Time has no control over, and assumes no responsibility for, the content, privacy policies, terms, or practices of any third-party websites or services.

We do not endorse or make any representations about third-party websites or the products or services they offer. Your access to and use of third-party websites and services is solely at your own risk and subject to the terms and conditions of those third parties. We encourage you to review the terms of service and privacy policies of any third-party websites you visit.

14. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated herein by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information in compliance with applicable U.S. privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents, and all other applicable federal and state privacy regulations.

By using our Website and services, you acknowledge that you have reviewed and agreed to our Privacy Policy. If you have any questions or concerns about how we handle your personal data, please contact us at [email protected].

15. Food Safety and Compliance

Taco Time is committed to complying with all applicable federal, state, and local food safety laws and regulations, including regulations enforced by the U.S. Food and Drug Administration (FDA) and applicable state health departments. Our food handling, preparation, and service practices are designed to meet or exceed required food safety standards.

However, you acknowledge that food products carry inherent risks, and you are responsible for:

• Disclosing any food allergies, intolerances, or dietary restrictions to us before placing an order;
• Ensuring proper handling and storage of food items after delivery or pickup;
• Consuming food items within a reasonable time after receipt to maintain quality and safety.

16. Force Majeure

Taco Time shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government orders, pandemics, labor disputes, supply chain disruptions, internet or telecommunications failures, or any other event beyond our reasonable control ("Force Majeure Event"). In the event of a Force Majeure Event, our obligations shall be suspended for the duration of the Force Majeure Event, and we shall use commercially reasonable efforts to resume normal operations as soon as practicable.

17. Severability

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

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 breach of these Terms shall not be deemed a waiver of any subsequent breach of the same or any other provision.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published on the Website, constitute the entire agreement between you and Taco Time with respect to your use of the Website and our services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

These Terms do not create any partnership, joint venture, agency, franchise, or employment relationship between you and Taco Time. You may not assign any of your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms.

19. Electronic Communications

By using the Website and our services, you consent to receive electronic communications from Taco Time, including by email, text message (where you have provided consent), or through notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

20. Contact Information

If you have any questions, concerns, complaints, or feedback regarding these Terms of Service, or if you wish to exercise any rights available to you under applicable law, please contact us using the information below:

We will make every effort to respond to your inquiries within a reasonable timeframe, typically within five (5) to ten (10) business days. For urgent matters related to food safety or order issues, we encourage you to contact us as soon as possible via email.