Tijuana Flats Burrito Co.
PLEASE READ THESE TERMS BEFORE USING THIS SITE
The documents, data, information and other materials (collectively the “Material(s)”) contained on the Web Site (the “Site”) are provided by Tijuana Flats Burrito Co., and its affiliates, (collectively “Tijuana Flats”), exclusively for non-commercial, individual use by prospective and confirmed Tijuana Flats guests to inquire about Tijuana Flats Burrito Co. food and related services and for no other purpose (collectively, “Authorized Users”). BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, MATERIALS, OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (“AGREEMENT”) WITHOUT MODIFICATION. If you are not an Authorized User, and if you do not agree to the terms of this Agreement, you may not use this Site or download any Materials from it. Tijuana Flats reserves the right to change the terms, conditions, and notices under which the Materials and the Site are offered at any time. You should periodically visit this page to review the then current Agreement to which you are bound.
AGREEMENT FOR USE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation. You agree that the ordering facilities of this Site shall be used only to make legitimate purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the ordering facilities of this Site may result in your being denied access to such facilities. For any ordering or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
INTELLECTUAL PROPERTY RIGHTS
This Site and the Materials contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Tijuana Flats and/or its affiliated parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Tijuana Flats and/or other parties is granted to or conferred upon you. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Tijuana Flats trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Site are the copyrighted property of Tijuana Flats, or its subsidiaries, affiliates, or a Tijuana Flats licensor, as applicable. All contents of the Site are protected by United States and international copyright laws. “Tijuana Flats” is a trade name describing the branded chain of restaurant companies of Tijuana Flats involved in the restaurant industry around the world. In the U.S. and around the world, Tijuana Flats is the franchisor/licensor of all Tijuana Flats brand names and marks. Trademarks owned by Tijuana Flats may not be used or displayed publicly without the prior written permission of the owner of the marks, except for downloaded logos and photographs as provided for elsewhere on this Site. Any rights not expressly granted herein are reserved. The following are some of the service marks owned by Tijuana Flats, subsidiaries, or affiliates, all members of Tijuana Flats: TIJUANA FLATS, GIVE HEAT A CHANCE, HOT IS THE NEW COOL, WELCOME TO OUR WORLD, LITTLE LIZARDS, MAKE IT A POWER LITE, OUTRAGEOUSLY FRESH, LET US ROLL YOU A FAT ONE, WHO SAYS SIZE DOESN’T MATTER, MAKE IT WET, JUST IN QUESO, TIJUANA BANGIN’ CHICKEN BURRITO, FLAT HEADS, TIJUANA FLATS MORNIN’ MUNCHIES, TIJUANA FLATS BURRITO CO., SHARE THE LOVE. FEEL THE BURN, 1 HOT CINCO, IT’S ALWAYS BETTER WET, HOT BAR TIJUANA FLATS BURRITO CO., SMACK MY ASS & CALL ME SALLY, CHET’S GONE MAD, DEATH PACK, GOING POSTAL, TAKE ME TO YOUR EATER, HOT BAR, BURRITO THURSDITO, NORRITO BOWL, TIJUANA TRIO, KEEPIN’ IT FRESH!, THAT’S HOW WE ROLL, ROCK OUT WITH YOUR GUAC OUT .
LIMITED LICENSE TO VIEW AND COPY
The content and information displayed on this Site is the property of Tijuana Flats and/or other parties. The downloading, reproduction, or retransmission of Tijuana Flats information, other than for non-commercial individual use, is strictly prohibited. This Site is to be used by Authorized Users for personal use only. Commercial uses of this Site are strictly prohibited. If you are currently an Authorized User, you are granted a limited, non-transferable, revocable license to view and copy the Materials solely for your personal use, subject to restrictions above.
Functionality is not guaranteed with all types of mobile devices in using this Site. In addition, the connection to a mobile device will not work if your device is not configured for SSL encryption. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.
You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of Tijuana Flats ( b) interfere or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
OWNERSHIP OF MATERIALS
The Materials are proprietary information of Tijuana Flats or its licensors, as applicable.
LINKED WEB SITES
This Site includes links to other web sites. Tijuana Flats provides such links solely as a convenience to you and for informational purposes only. Tijuana Flats has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates Tijuana Flats’ endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither Tijuana Flats’, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify Tijuana Flats immediately in the event that the security of your login or password has been breached. We may revoke your login and password for any reason whatsoever, at any time.
This Site is for a general audience that is not designed nor intended to collect personal information from children under the age of 18. Tijuana Flats does not knowingly collect personal information from anyone under the age of 18. If you are not 18, you are not permitted to use the Site.
SUBMISSION OF CONTENT
Any submission to Tijuana Flats is entirely voluntary, non-confidential, gratuitous and non-committal. You grant to Tijuana Flats and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, photos or other materials you submit (collectively, “Content”) to Tijuana Flats and/or tijuanaflats.com without restrictions of any kind and without any payment, acknowledgement or other consideration of any kind, or permission or notification, to you or any third party. By submitting Content on tijuanaflats.com, you are giving Tijuana Flats permission to publish such Content to any Tijuana Flats maintained material including, but not limited to: websites, email campaigns, social media pages, in-restaurant print materials, and television. Tijuana Flats also retains the right to delete any material that is not appropriate including profane language, vulgar language, pornography, and nudity.
DISCLAIMER. THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Further Tijuana Flats does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. Tijuana Flats may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. Tijuana Flats makes no commitment to update the Materials.
LIMITATION OF LIABILITY. IN NO EVENT SHALL TIJUANA FLATS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY TIJUANA FLATS OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF TIJUANA FLATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
Without limiting the foregoing, Tijuana Flats does not ensure continuous, error-free, secure or virus-free operation of the Site. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you. You agree that Tijuana Flats cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Site.
Tijuana Flats reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and the Materials or any portion thereof at any time, without notice.
All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, conventional mail or, if by Tijuana Flats, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to this Site. All Notices shall be faxed to: 407-539-0811.
Any claim relating to this Agreement or the Materials shall be governed by the laws of the State of Florida, United States of America, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Tijuana Flats in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement. Do you have a headache yet?