Terms of Service

Please read these Terms of Service carefully before using the website tacotime.click or any services provided by Taco Time. By accessing or using our website and services, you agree to be legally bound by these Terms of Service. If you do not agree to these terms, you must immediately cease use of our website and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the website located at tacotime.click (the "Website"), placing an order, or otherwise engaging with any services offered by Taco Time (collectively, the "Services"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any other policies or guidelines incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Taco Time ("Company," "we," "us," or "our"). Your continued use of the Website or Services after any modification to these Terms constitutes your acceptance of the revised Terms. 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 that entity to these Terms, and the term "you" shall refer to both you individually and that entity.

You must be at least eighteen (18) years of age to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may only use our Services with the direct supervision and consent of a parent or legal guardian who agrees to be bound by these Terms.

2. Company Information

The Services are operated by:

3. Description of Services

Taco Time is a food service business that provides customers with the ability to browse our menu offerings, place food orders, and engage with our brand through the Website. Our Services include, but are not limited to, the following:

• Online Menu Access: Users may browse our full range of food and beverage menu items, including descriptions, pricing, nutritional information (where available), and seasonal or promotional offerings.
• Online Ordering: Users may place orders for food and beverages through the Website, subject to availability and applicable delivery or pickup options.
• Customer Account Management: Users may create and manage personal accounts to facilitate faster ordering, track order history, save preferences, and manage payment information.
• Promotions and Loyalty Programs: From time to time, we may offer promotional discounts, coupon codes, loyalty rewards, or special offers, which are subject to their own specific terms and conditions.
• Customer Support: Users may contact us through the Website or via email for inquiries, complaints, or general support related to their orders or experience.
• Third-Party Delivery Integrations: We may partner with third-party delivery platforms to facilitate delivery services. The use of such third-party platforms is subject to those platforms' own terms of service and privacy policies.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

4. User Accounts and Registration

Certain features of the Website may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security and confidentiality of your account login credentials, including your password.
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you.
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend, deactivate, or permanently delete your account at our sole discretion if we determine, in good faith, that you have violated these Terms, provided false information, engaged in fraudulent activity, or otherwise acted in a manner harmful to us, our users, or third parties.

5. User Obligations and Prohibited Activities

By using our Website and Services, you agree to comply with all applicable federal, state, and local laws and regulations. You further agree that you will not engage in any of the following prohibited activities:

5.1 General Prohibited Conduct

• Use the Website or Services for any unlawful, fraudulent, or harmful purpose.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Submit false, misleading, or fraudulent orders, reviews, or information.
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
• Use any automated means, including bots, scrapers, spiders, crawlers, or similar tools, to access, collect, or harvest information from the Website without our express prior written consent.
• Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means.
• Introduce viruses, Trojan horses, worms, logic bombs, or other technologically harmful material to the Website or our systems.
• Use the Website or Services to send unsolicited communications (spam), including commercial solicitations.

5.2 Order-Related Prohibited Conduct

• Place fraudulent or bad-faith orders with no intention of completing payment.
• Abuse promotional codes, coupons, loyalty points, or discount offers in a manner not intended by Taco Time.
• Provide false or inaccurate delivery addresses with the intent to defraud.
• Initiate unauthorized chargebacks or payment disputes without first attempting to resolve the issue through our customer support.

5.3 Content-Related Prohibited Conduct

• Post or transmit any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable.
• Upload or transmit any content that infringes the intellectual property, privacy, or other rights of any third party.
• Submit false or misleading reviews, ratings, or feedback about our products or services.

We reserve the right to investigate any violations of these Terms and to take appropriate legal action, including referring matters to law enforcement authorities where deemed necessary.

6. Ordering, Payment, and Pricing

6.1 Order Placement and Acceptance

When you place an order through the Website, you are making an offer to purchase the items you have selected. Your order is not confirmed until you receive a confirmation notification from us. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to situations involving product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity.

6.2 Pricing and Menu Availability

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. We make reasonable efforts to ensure that pricing is accurate; however, we do not warrant that all product descriptions, pricing, or other content on the Website is accurate, complete, or error-free. In the event of a pricing error, we reserve the right to cancel the order and refund any payment received.

Menu items are subject to availability and may vary by location or time. Seasonal or promotional items may be discontinued without notice.

6.3 Payment

We accept various forms of payment as indicated on the Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate. All payment processing is subject to the terms and conditions of our third-party payment processors. We do not store complete payment card information on our servers.

In the event of a failed payment, your order may be cancelled. We reserve the right to pursue collection of any amounts owed to us using all available legal remedies.

6.4 Taxes

All applicable federal, state, and local sales taxes, fees, or other governmental charges will be calculated and added to your order total at checkout, as required by applicable law.

6.5 Refunds and Cancellations

Refund and cancellation policies are set forth in our separate Refund Policy, which is incorporated herein by reference. Generally, due to the perishable nature of food products, all sales are final once an order has been prepared. If you experience an issue with your order, please contact us promptly at [email protected].

7. Intellectual Property Rights

All content, materials, and elements on or accessible through the Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, data compilations, button icons, menus, software, and the overall design, appearance, and "look and feel" of the Website (collectively, "Content"), are the exclusive property of Taco Time or its licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, trade secret, and other proprietary rights.

7.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with placing orders and using our Services. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or Content for commercial purposes without our express prior written consent.
• Modify, adapt, translate, or create derivative works based on the Website or Content.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
• Use any Content for any purpose other than as expressly authorized herein.

7.2 Trademarks

The name "Taco Time," the Website domain tacotime.click, our logos, slogans, trade dress, and all related marks are trademarks or service marks of Taco Time. Nothing in these Terms grants you any right to use our trademarks without our prior written consent. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners.

7.3 User-Submitted Content

If you submit, post, or otherwise provide any content to us (including reviews, feedback, photos, or suggestions), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media for any purpose related to our business, without any obligation of compensation or attribution to you. You represent and warrant that you own or have the necessary rights to submit such content and that such content does not violate any third-party rights or applicable law.

8. Disclaimers and "As-Is" Basis

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

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, TIMELY, SECURE, OR ERROR-FREE.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE, INCLUDING MENU DESCRIPTIONS, NUTRITIONAL INFORMATION, OR PRICING.
• WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
• WARRANTIES REGARDING THE SAFETY, QUALITY, OR SUITABILITY OF ANY FOOD OR BEVERAGE PRODUCTS, EXCEPT AS REQUIRED BY APPLICABLE FOOD SAFETY LAWS AND REGULATIONS.

8.1 Allergen and Dietary Information

While we make reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that any food item is entirely free of any specific allergen due to the possibility of cross-contamination during preparation. If you have a food allergy, sensitivity, or dietary restriction, you are solely responsible for consulting with our staff prior to ordering and consuming our products. We strongly encourage you to contact us directly at [email protected] for specific allergen inquiries.

8.2 Third-Party Links and Services

The Website may contain links to third-party websites or services that are not owned or controlled by Taco Time. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant or endorse any third-party website or service. Your access to and use of third-party websites and services is governed solely by those third parties' terms and policies.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, TACO TIME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Website or Services.
• Any unauthorized access to or alteration of your data or transmissions.
• Any errors, inaccuracies, or omissions in Content on the Website.
• Any food or beverage products purchased through the Website.
• Any conduct or content of any third party on or through the Website.
• Any other matter relating to the Website or Services.

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

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in full. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Taco Time, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any and all 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 or any applicable law or regulation.
• Your use of the Website or Services in an unauthorized or improper manner.
• Your violation of any rights of a third party, including intellectual property rights or privacy rights.
• Any content or information you submit, post, or transmit through the Website.
• Your negligent or intentional misconduct.
• Any dispute between you and another user or third party.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

11. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or the use of the Website and Services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Taco Time is registered and operates, without regard to its conflict of law principles or provisions.

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

Nothing in these Terms shall limit our right to seek injunctive or other equitable relief in any court of competent jurisdiction where necessary to protect our intellectual property rights or other proprietary interests.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Taco Time at [email protected] and attempt to resolve the dispute informally. We will make reasonable efforts to resolve the dispute within thirty (30) days of receiving your written notice. If the dispute is not resolved within that period, either party may proceed with the formal dispute resolution process described below.

12.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR YOUR USE OF THE WEBSITE OR SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, rather than in court. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

Arbitration shall be conducted by a recognized arbitration organization under its then-current rules and procedures. 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.

12.3 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, COLLECTIVE, CONSOLIDATED, 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 a representative or class proceeding.

12.4 Exceptions to Arbitration

Notwithstanding the above, either party may bring a claim in small claims court if the claim qualifies. Additionally, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

13. Consumer Protection Compliance

We are committed to complying with all applicable consumer protection laws in the United States, including but not limited to the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45 et seq., which prohibits unfair or deceptive acts or practices in commerce. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), which are addressed in our Privacy Policy. We also comply with all applicable federal and state food safety laws and regulations, including those administered by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).

14. Term and Termination

14.1 Term

These Terms of Service are effective as of the date you first access or use the Website or Services and shall remain in full force and effect for as long as you continue to access or use the Website or Services, unless earlier terminated as provided herein.

14.2 Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your access to the Website and Services, with or without notice and without liability to you, for any reason, including but not limited to:

• Your violation of any provision of these Terms.
• Suspected fraudulent, abusive, or illegal activity.
• Requests by law enforcement or other government agencies.
• Discontinuation or material modification of the Website or Services.
• Unexpected technical or security issues.

14.3 Termination by You

You may terminate your account and discontinue use of the Website and Services at any time by contacting us at [email protected] and requesting account deletion, subject to the settlement of any outstanding obligations.

14.4 Effect of Termination

Upon termination of your account or these Terms for any reason, the following provisions shall survive: Sections 7 (Intellectual Property Rights), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 11 (Governing Law), 12 (Dispute Resolution), 14.4 (Effect of Termination), 15 (Severability), and any other provisions that by their nature should survive termination.

15. Changes to Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will notify you by:

• Updating the "Last Updated" date at the top of this page.
• Posting a prominent notice on the Website.
• Sending an email notification to the address associated with your account (where applicable).

Your continued use of the Website or Services after any such modifications become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately discontinue use of the Website and Services. We encourage you to review these Terms periodically to stay informed of any updates.

16. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect. The parties agree that the invalidity of a particular provision was not a material inducement to entering into these Terms, and the remaining Terms shall be interpreted and enforced as if the invalid provision had never been included.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other policies or guidelines incorporated by reference, constitute the entire agreement between you and Taco Time with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties relating to such subject matter.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver by either party of any term, condition, or provision of these Terms shall not be construed as a waiver of any other term, condition, or provision, and shall not constitute a continuing waiver unless expressly stated in writing.

18. Force Majeure

Taco Time shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent 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, government orders or regulations, labor disputes, supply chain disruptions, power outages, internet service disruptions, or acts of war or terrorism. In the event of a force majeure event, we will make reasonable efforts to resume normal operations as soon as practicable.

19. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may freely assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

20. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, your rights, or our Services, please do not hesitate to contact us using the information below. We are committed to addressing your inquiries promptly and professionally.