Terms & Conditions

TIJUANA FLATS’ TERMS AND CONDITIONS
Effective Date: October 30, 2019.

 

The following set of Terms and Conditions (“Terms”) apply to and govern the User’s (“User,” “you,” or “your”) access to and use of any website, mobile website, social media site, software, mobile application, text message services, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein (collectively referred to hereinafter as the “Service”) owned, operated, or provided by Tijuana Flats Restaurants LLC,, and its affiliates (collectively, “Tijuana Flats”, “we”, or “us” or “our”). Tijuana Flats offers the Service, including all information tools and services available, to you conditioned upon your acceptance of all terms, conditions, polices and notices stated herein or incorporated by reference. Please read these Terms and any Additional Terms carefully before using our Service. By visiting or otherwise using the Service in any manner, you acknowledge and accept without limitation or qualification, that you have read and understood these Terms and any applicable Additional Terms, and you agree to be bound by them. You also acknowledge, agree and consent to our data practices as described in our Privacy Policy which is incorporated herein by reference.

 

We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms.

 

These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit Tijuana Flats’ liability to you and require you to indemnify us and to settle certain disputes through arbitration. Your continued use of the Service affirms your agreement to these Terms. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall any Service downloads and applications.

 

ADDITIONAL AND THIRD PARTY TERMS

 

In some instances, additional terms, posted separately on the Service and incorporated herein by reference, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Further, we may provide links to or use third party licensees to operate third-party services that may be operated using our name and brand, whose own terms and privacy policies apply to those services (“Third Party Terms”). These include, but are not limited to: NuOrder; VC Delivery; eQuantum, PlannedSource, Facebook, Instagram, and Twitter. To the extent there is a conflict between these Terms and any Third Party Terms, the Third Party Terms will control your use of the third-party services.

 

ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

 

1. GENERAL TERMS AND ACKNOWLEDGEMENTS.

 

By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside and that you will abide by all applicable federal, state, and local laws, and understand that you will be legally bound by these Terms. You also agree to abide by the Privacy Policy, and all future modifications or amendments to same. If for any reason you do not accept and agree to these Terms or those set forth in the Privacy Policy, then accessing the Service is strictly prohibited and you must immediately exit the site. IF YOU ARE UNDER THE AGE OF THIRTEEN (13) YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

 

Your submission of contact information, no matter the type, to the Service constitutes acceptance to receive certain Tijuana Flats’ communications. Tijuana Flats may contact you via surveys to conduct research or to solicit your opinion on current services or new services that may be offered. Tijuana Flats may, from time to time, contact you on behalf of external business partners about an offering that may be of interest to you. You may opt-out of these communications at any time using the means provided in the communication, as well as by contacting the email address listed below.

 

2. OWNERSHIP AND USE OF THE SERVICE AND CONTENT.

 

A. Ownership. The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property(collectively referred to as the “Content”), are all proprietary and are owned or controlled by Tijuana Flats, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by Tijuana Flats, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible. Tijuana Flats owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. Such Content is protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, used, displayed, distributed, or transmitted without the express written permission of Tijuana Flats.

 

Tijuana Flats owns and uses several trademarks on the Service, including but not limited to: 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. All rights reserved.

 

The Service may also contain references to other company, brand and product names, and their trademarks, service marks, and logos. These company, brand and product names and trade and service marks are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Service are either the property of, or used with permission by Tijuana Flats. Tijuana Flats makes no representations about them, their owners, their products or services. Tijuana Flats neither warrants nor represents that your use of materials on the Service will not infringe on the rights of third-parties not affiliated with Tijuana Flats.

 

B. Your Use of the Service and Content.

 

i. You shall not copy, distribute, republish, modify, upload, incorporate, post, or transmit the Service or the Content in any way, without the prior written consent of Tijuana Flats, except as provided herein. The Service and Content are provided for lawful purposes only. No intellectual property rights are licensed or transferred to you through your use of the Service. You shall not resell, decompile, reverse engineer, disassemble, or otherwise convert the Service or Content.

 

ii. You may use the Service and Content subject to your strict compliance with these Terms and the Additional Terms. Your access to and use of the Service and the Content shall automatically terminate upon any violations. Your access and use are non-transferable, non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your access to and use of the Service and the Content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful purpose use the Service and Content only as follows (collectively, the following are the “Tijuana Flats Licensed Elements”):

 

1. Display, view, use, and play the Content on a computer, mobile device or other internet enabled or permitted device (“Device”) or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;

2. Stream the Content using any of the widgets or other digital streaming internet video players, if any, provided on the Service;

3. Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one of your friends a communication that includes Content, or to post our Content to Third-Party Services or your own social media site (for example Facebook, Instagram or Twitter) or online service, and the tool is operational, use the tool to do so; provided, however, that you not do so in any manner for commercial use or that violates applicable law or third party rights or reflects negatively on us;

4. Download, install and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Tijuana Flats does not transfer title to the Software to you will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Tijuana Flats; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restrictions concerning your use of Software is prohibited by applicable law; and (v) you may not modify or delete any Content that appears on the material you access, copy, download or print;

5. Obtain a registered personal account (or related username and password) on the Service and interact with the Service in connection therewith;

6. Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Tijuana Flats names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Tijuana Flats or cause any other confusion, and (c) the links and the content on your website or other social network do not portray Tijuana Flats or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Tijuana Flats. Tijuana Flats reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party; and
7. Use any other functionality expressly provided by Tijuana Flats on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create or post User-Generated Content (as defined below)) and any applicable Additional Terms.

 

C. Rights of Others. In using the Service, you shall respect the intellectual property and rights of others and Tijuana Flats. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability.

 

D. Reservation of all Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL USES NOT EXPRESSLY AUTHORIZED BY THESE TERMS ARE RESERVED BY US AND OUR LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Service for any purpose is strictly prohibited.

 

E. No Competitive Use Permitted and other Restrictions. Any use of the Service of Content, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from all or any part of the Service, or use of the Service for purposes competitive to Tijuana Flats or in violation of these Terms, is expressly prohibited without the prior written consent of Tijuana Flats. By visiting all or any part of the Service, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Service (except as described herein). Nothing on the Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Service without the owner’s prior written permission, except as otherwise described herein. The Service and all of its contents, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Service, or trademarks, service marks, logos or trade dress found within the Service may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You shall abide by all additional restrictions displayed on the Service as it may be updated from time to time.

 

3. CONTENT YOU SUBMIT

A. User-Generated Content. Tijuana Flats may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or through the Service, or on or in response to our pages or posts on any third-party platforms, in connection with any of our promotions by any social networking, media or other manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein excluding Content or Tijuana Flats Licensed Elements (collectively “User-Generated Content” or “UGC”).

 

B. Non-Confidentiality of UGC. Except as otherwise described in the Service’s posted Privacy Policy, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent permitted by applicable law, Tijuana Flats assumes no obligation of any kind to you or any third party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such UGC and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk. In your communications with Tijuana Flats, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for menu items or names, websites, apps, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, Tijuana Flats retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Tijuana Flats’ receipt of your Unsolicited Ideas and Materials is not an admission by Tijuana Flats of their novelty, priority, or originality, and it does not impair Tijuana Flats’ right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

 

C. License to Tijuana Flats of UGC. Except as otherwise described in these Terms or any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in our Privacy Policy, you hereby grant Tijuana Flats, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products or services. You understand that in exercising such rights that metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant that you have all necessary authority to do so. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Tijuana Flats for all claims resulting from UGC or other content you supply. In order to further effect the rights and license that you grant to Tijuana Flats to your UGC, you also, as permitted by applicable law, hereby grant to Tijuana Flats the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights you grant Tijuana Flats.

 

You further agree that Tijuana Flats shall not be liable for any ideas used in its business (including without limitation, product, or advertising ideas) and shall not incur any liability as a result of any similarities that may appear in future Tijuana Flats operations with such submissions. Without limitation, Tijuana Flats shall have exclusive ownership of all present and future existing rights to any submission of UGC or other material of every kind and nature everywhere. Tijuana Flats shall be entitled to use material submitted for any commercial or other purpose whatsoever without compensation to you or any other person sending the submission.

 

D. Tijuana Flats’ Exclusive Right to Manage Our Service. Tijuana Flats may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any UGC. Tijuana Flats may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of UGC venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate as we determine in our sole and exclusive discretion, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere, except as provided for in our Privacy Policy.

 

E. Representations and Warranties Related to UGC. You acknowledge that you, and not Tijuana Flats, are responsible for any material or message you may submit via the Service (including any components of the Service administered by third parties, such as tools that allow you to interact with the Service through Facebook and other social media platforms), including the legality, reliability, appropriateness, originality and copyright of any such material. You shall not upload to, distribute or otherwise publish through the Service any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You shall not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You shall not upload commercial content onto the Service.
Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Tijuana Flats the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Tijuana Flats obligation to obtain consent of any third party and without creating any obligation or liability of Tijuana Flats; (b) the UGC is accurate; (c) the UGC does not and, will not infringe any intellectual property or other right of any third party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

 

F. Enforcement. Tijuana Flats has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at Tijuana Flats’ cost and expense, to which you hereby consent and irrevocably appoint Tijuana Flats as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

 

G. Appropriate UGC and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate. We may also include content rules as Additional Terms. If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it to the email address listed below

 

4. SERVICE AND CONTENT USE RESTRICTIONS

 

A. Service Use Restrictions. You shall not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Content; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do cause harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, illegal, that violate any right of any third party, or are otherwise objectionable or inappropriate to Tijuana Flats as we determine in our sole and exclusive discretion; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with any user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Tijuana Flats, our content providers, certain other third parties or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information as that term is defined in our Privacy Policy) about other users of the Service, including but not limited to users’ email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; (ix) modify or delete any Content that appears on the material you access; (x) use contact information provided on the Service for unauthorized purposes, including marketing; (xi) use any hardware or software intended to damage or interfere with the proper working of the Service or to surreptitiously or otherwise intercept any system, data or personal information from the Service, or otherwise interrupt or attempt to interrupt the proper operation of the Service in any way; or (xii) otherwise violate these Terms or any applicable Additional Terms.

B. Content Use Restrictions. You shall not (i) monitor, gather, copy, or distribute the Content on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) remove any intellectual property notices contained in the Content; (iv) use the Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) make any modifications to the Content; (vi) copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an authorized officer of Tijuana Flats or, in the case of content from a licensor, the owner of the Content; and (vii) insert any code or product to manipulate the Content in any way that adversely affects any user experience or the service.

C. Availability of Service and Content. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. Tijuana Flats, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of and your access to all or any part of the Service or Content, in whole or in part, for violating any civil or criminal law, these Terms, any applicable Additional Terms, or for any additional reason whatsoever in Tijuana Flats’ sole discretion, and without advance notice or liability. Termination of your access to or use of the Service or Content will not waive or affect any other right or relief to which Tijuana Flats may be entitled at law or in equity.

 

5. CREATING AN ACCOUNT AND ORDERS

 

Some features that may be available on the Service require registration or the creation of an account. By registering at and in consideration of your use of all or any part of the Service, you shall provide true, accurate, current and complete information about yourself. Some features on the Service require the use of a password. You are responsible for protecting your password. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Passwords, usernames, and email addresses must be personal, unique, not violate the rights of any person or entity, and not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. Tijuana Flats may assume that any communication it receives under your username, account or password have been made by you unless we receive notice otherwise. You will immediately notify us at the email address listed below, if you have reason to believe or become aware of any loss, theft or unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use. You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority. We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, without notice. Additional accounts with Third-Party Services may be required to use Third-Party services associated with our Service and changes to your account on our Service do not change your accounts on those services. You are at all times responsible for knowing, understanding and complying with the terms and conditions (including concerning maintaining and changing your account information) of the use Third-Party services associated with our Service.

 

If you order food, goods or service via the Service, or otherwise use the Service to make any commercial transaction, you are responsible for those orders and transactions, which may be subject to any Additional Terms applicable thereto. Orders and transaction related to us, but made via Third-Party Services, may be subject also to the Third-Party Services’ own terms and privacy policies. You are at all times responsible for knowing, understanding and complying with the terms and conditions of such Third-Party Services.

 

6. REWARDS PROGRAM

 

A. General: Tijuana Flats offers its Rewards Program (the “Rewards Program”) to reward and thank our loyal restaurant customers. The Rewards Program is available to enrolled members at participating Tijuana Flats restaurants in the United States. Rewards accumulated under the Rewards Program are promotional only and are non-transferable, non-refundable, and have no monetary value. There are no membership fees associated with the Rewards Program.

B. Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program. No bots or computer programs may be used to participate in the Rewards Program.

The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

C. Rewards Account: You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) through the Tijuana Flats website or mobile app. Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account. As a part of your enrollment in the Rewards Program, you consent to receiving transactional, informational, and promotional messages and offers from Tijuana Flats. These communications may happen in the form of push notifications through the App, email, or any other ways you may have selected when you enrolled in the Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences. You may also click the unsubscribe button in the marketing email you receive. You will not be able to opt out of emails related to the administration of your account or any transactions made, such as any email required to re-set your password or to notify you of changes applicable to your account.

D. Qualifying Purchases: Members will earn and receive Points toward Rewards by making qualified purchases at participating Tijuana Flats restaurants. You will earn one (1) Point per $1.00 purchased. You will not earn any Points towards an earned Reward if you spend less than a total of $0.51 in one transaction at a participating Tijuana Flats restaurant. The points you earn at Tijuana Flats are rounded based on the total amount you purchase. For example, if you spend $1.51 then you will receive two (2) points. If you spend $1.50, then you will receive one (1) point. . Please note, you will not earn Points on alcohol, gift card or catering purchases.

You can receive Points for a qualified purchase in one of the following ways:

• Scan your Tijuana Flats mobile app QR code at the register where you made your purchase;
• Provide your name and phone number or registered e-mail address to the Tijuana Flats employee who assisted you with your purchase;
• By first logging into your Rewards Account for any on-line purchases; or
• By logging into your Rewards Account and adding the barcode number provided on your receipt within fourteen (14) days of making the qualifying purchase.

After this verification, the Points to which you are entitled will be applied to your Rewards Account. You can track the Points and Rewards you have already earned and that you may earn in the future by logging into your Rewards Account.

E. Referrals: You can also receive Points for every friend you refer who joins our Rewards Program. These Points will not be awarded until the referred member enrolls in the Rewards Program using your invite code and makes a transaction to earn Points.

F. Rewards: By accumulating a certain number of Points in your Rewards Account, you will earn rewards as follows:

• 30 Points = one (1) free fountain beverage;
• 60 Points = one (1) free appetizer, as identified on the menu of participating Tijuana Flats locations; or
• 100 Points = one (1) free entree, as identified on the menu of participating Tijuana Flats locations.

(referred to herein as a “Reward”), which you may redeem at participating Tijuana Flat’s restaurants. You may continue to accumulate coupons beyond the maximum Reward.

Once you earn a Reward, you may start accumulating Points towards another Reward. You may only redeem your Points for any Reward once. Any exchange of Points for a Reward will remove those Points from your Rewards Account. All Point redemptions are final. You may only redeem one Reward per visit regardless of the number of Rewards you have earned in your Rewards Account. A Reward may not be combined with any other offer or coupon.

Any and all Points or Rewards obtained will be deleted from your Rewards Account if your Rewards Account becomes inactive, meaning that no Points or Rewards have been earned for the previous six (6) months.

G. Additional Rewards Program Terms: Tijuana Flats reserves the right to terminate your Rewards Account and your current or future participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms, including but not limited to if you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Tijuana Flats also reserves the right to terminate and make ineligible for the Rewards Program any Rewards Account that has been inactive, meaning that no Points or Rewards have been earned for the previous six (6) months.

Tijuana Flats has the right at any time, with or without giving you prior notice, to end or cancel the Rewards Program or any specific Reward; change any Reward or other Rewards Program benefit we offer; change the requirements for earning a particular Reward; change the time you have in which to earn a particular Reward; or change any other feature of the Rewards Program.

If we end the Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.

Tijuana Flats reserves the right to award Points or Rewards on a discretionary basis for promotional purposes.

 

7. COPYRIGHT INFRINGEMENT

 

Tijuana Flats respects the intellectual property rights of others, and we require our users do the same. Tijuana Flats complies with the notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (“DMCA”), which applies to content reported and removed for violating U.S. copyrights. If your content is removed under the DMCA, you’ll receive information about how to file a counter-notification in the message we send you. When we receive an effective DMCA counter-notification, we forward it to the party that reported the content. The information they receive includes your contact information, which they can use to contact you.

 

Tijuana Flats respects the intellectual property rights of others, and we require our users do the same. Tijuana Flats complies with the notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (“DMCA”), which applies to content reported and removed for violating U.S. copyrights. If your content is removed under the DMCA, you’ll receive information about how to file a counter-notification in the message we send you. When we receive an effective DMCA counter-notification, we forward it to the party that reported the content. The information they receive includes your contact information, which they can use to contact you.

 

DMCA Takedown Notices

 

Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on Tijuana Flats’ network. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Tijuana Flats has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

 

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Tijuana Flats to determine the legitimacy of the signature and the identity of the signatory;
ii. Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tijuana Flats to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
iv. Information reasonably sufficient to permit Tijuana Flats to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Any such notifications of claimed infringement must be sent to:

 

Monique Yeager
9439 Forest City Cove, Ste. 1000
Altamonte Springs, FL 32714
(407) 339-2222
social@tijuanaflats.com

 

Please note if any notification of claimed infringement does not meet the above requirements, Tijuana Flats has no responsibility to respond to or act on any such defective notification of claimed infringement.

 

DMCA Counter Notification

 

If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:

 

i. Your physical or electronic signature, as well as information sufficient for Tijuana Flats to determine the legitimacy of the signature and the identity of the signatory;
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the Middle District of Florida, and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person.

 

Any such counter notification must be sent to:

 

Monique Yeager
9439 Forest City Cove. Ste. 1000
Altamonte Springs, FL 32714
(407) 339-2222
social@tijuanaflats.com

 

8. NOTICES, QUESTIONS, AND CUSTOMER SERVICE

 

All notice given under these Terms to you shall be deemed served when deposited in the United States mail, both registered or certified post, return receipt requested, with sufficient postage, or otherwise sent by a reputable delivery service to any physical address or email address we may have on file for you or in any other manner reasonably elected by us. All legal notices to us, other than the above DMCA notices, must be faxed to us at 407-539-0811 (Attn: Legal Dept.). If you have a question regarding the Service, you may contact Tijuana Flats Customer Support through the website contact form or call us at 407-339-2222. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.

 

9. ACCURACY OF INFORMATION

 

We strive to ensure that the information on the Service is accurate and reliable and that we accurately describe our products or services offered on the Service; however, Tijuana Flats and the World Wide Web are not infallible and errors may sometimes occur. For example, the Service may contain certain historical information, which is necessarily not current and is provided for reference only. Accordingly, we do not warrant that all product specifications, pricing, or other content on the Service is absolutely current or free of al errors, and we are not responsible if information made available on the Service is inaccurate, incomplete or out-of-date. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting the primary source of information, which may be more accurate completely and timely. We reserve the right to modify the Service and its Content at any time, but we have no obligation to update any information on the Service. By using the Service, you agree that it is your responsibility to monitory changes to the Service. Furthermore, as permitted by applicable law, in the event of any errors relating to the pricing, availability, or specifications, Tijuana Flats shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from Tijuana Flats is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.

 

10. THIRD-PARTY SERVICES

 

A. Third-Party Content and Sites. The Service may contain third party plug-ins, applications, ads, tools or other content, or links to or from third-party websites or other services that are not owned, controlled or operated by Tijuana Flats, including services operated by licensors, licensees, and certain other third parties who may have business relationships with Tijuana Flats (collectively, “Third-Party Services”). We may also host our content, apps, and tools on Third-Party Services. You may need a separate account on Third-Party Services to use them in connection with the Service. Tijuana Flats may have no or limited control over the content, operations, policies, terms, or other elements of Third-Party Services, and does not assume any obligation to review them. Tijuana Flats does not necessarily review, endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Tijuana Flats is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Services.

AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

Any activities you engage in connection with Third-Party Services may be subject to that Third-Party Services’ privacy policy and terms of use which you should read before engaging in such activities. You are at all times responsible for knowing, understanding and complying with the privacy policy and/or the terms and conditions of such Third-Party Services.

B. Terms applicable for Apple IOS and Other Platforms and Devices. If you are accessing or using the Service through Apple, Android, or other third-party platforms or services, those Third-Party Services’ terms and policies apply to such access and usage. Without limitation, Additional Terms for Apple or Android Users, or users of any other third-party platform or service required to access Tijuana Flats’ Service which are applicable to you are incorporated by reference herein. You are responsible for locating, reading and understanding those terms directly.

 

11. INFRINGEMENT AND DISPUTE TERMS

 

A. Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, the UGC, these Terms or any applicable Additional Terms, whether before the Effective Date of these Terms or after arising (collectively, “Dispute”) shall be in Orange County in the State of Florida. Each party submits to personal jurisdiction and venue in Orange County in the State of Florida for any and all purposes. We recognize that it is possible for you to obtain access to the Service from any jurisdiction in the world, but we have no practical ability to prevent such access. The Service has been designed to comply with the laws of Florida and of the United States. If any material on the Service, or your use of all or any part of the Service, is contrary to the laws of the place where you are when you access it, the Service (or any part affected thereby) is not intended for you, and we ask you not to use such Service. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

B. Pre-Arbitration Notification. Tijuana Flats and you agree that any and all disputes or claims that have arisen or may arise between the parties, EXCEPT FOR A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, TIJUANA FLATS’, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS, shall be resolved exclusively through confidential, final and binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. If a dispute arises between you and Tijuana Flats, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Please contact us regarding disputes between you and Tijuana Flats related to the Service, Content, or other matter, including, without limitation, its products and services. Either party with a Dispute shall send a letter giving notice to the other side briefly summarizing the claims and the request for relief. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to arbitration. Either party may seek provisional remedies (such as preliminary injunctive relief, subject to the provisions herein) before the expiration of this sixty (60)-day period.

C. Arbitration of Claims. Any dispute, claim or controversy arising out of or relating to this Agreement 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 arbitration in Orange County, Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules for disputes over $250,000 and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures for disputes $250,000 or less. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Orange, Florida or, if sought by Tijuana Flats, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the courts of Orange County, Florida or the Florida Supreme Court.

D. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY TIJUANA FLATS PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY TIJUANA FLATS PARTY.

E. Governing Law. These Terms and any applicable Additional Terms, Disputes and any claim brought by you against Tijuana Flats, or by Tijuana Flats against you related to the Service, Content, Tijuana Flats Licensed Elements, UGC or other Tijuana Flats products or services, shall be governed by, construed, and resolved in accordance with, the laws of the State of Florida, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.

F. Class Action Waiver. You and Tijuana Flats agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding in any court of competent jurisdiction in Orange County, Florida, and not in arbitration.

G. Jury Waiver. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

 

12. LINKS

 

The Service may contain links to other websites, including but limited to Tijuana Flats online ordering, the Email Club, fundraising, and inquiries about or submissions of applications for employment, that are not maintained or related to Tijuana Flats, and operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein and are not sponsored by or affiliated with Tijuana Flats, its website or any of its Service. We have not reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Tijuana Flats is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. The links are to be accessed at the user’s own risk, and Tijuana Flats makes no representations or warranties about the content, completeness, or accuracy of these links or the websites hyper-linked to this Service.

 

13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

 

A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, Tijuana Flats and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Tijuana Flats Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, Tijuana Flats Licensed Elements, UGC or other Tijuana Flats products or services.

B. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, TIJUANA FLATS PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE; NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT INFORMATION ON THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY DATA OR INFORMATION YOU SUBMIT WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION.

C. TIJUANA FLATS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE. IF YOU DOWNLOAD ANY MATERIALS FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIJUANA FLATS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SERVICE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

14. LIMITATIONS OF OUR LIABILITY

 

A. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT THE SERVICE IS MADE AVAILABLE TO YOU AT NO CHARGE.

B. YOU ACKNOWLEGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY TIJUANA FLATS PARTIES OR THIRD-PARTY CONTENT PROVIDERS BE RESPONSIBLE OR LIABLE FOR ANY HARM, LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, consequential or other losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, or arising out of without limitation: 1) the Service, Content, Tijuana Flats Licensed Elements, UGC or other Tijuana Flats products or services, 2) ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SERVICE, 3) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, 4) ANY DELAY OR INABILITY TO USE THE SERVICE, 5) ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, 6) TIJUANA FLATS’ REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SERVICE, OR 7) ANY HARM, LOSS OR DAMAGE OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TIJUANA FLATS PARITES OR ANY OF ITS SUPPLIERS OR THIRD PARTY VENDORS OR CONTENT PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

C. THIS DISCLAIMER AND LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER TIJUANA FLATS PARTIES NOR THEIR SUPPLIERS, THIRD-PARTY CONTENT PROVIDERS OR THIRD-PARTY VENDORS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH TIJUANA FLATS PARITES IS TO DISCONTINUE YOUR USE OF THE SERIVCE.

D. The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Tijuana Flats Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

E. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIJUANA FLATS PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID TIJUANA FLATS IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

 

15. UPDATES TO TERMS

 

Tijuana Flats reserves the right in its sole discretion to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, by posting revised terms on the relevant Service. It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service. EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR USE AND TRANSACTIONS OF THE SERVICE AND CONTENT. Any new Terms or Additional Terms, including but not limited to any changes, modifications or deletions to these Terms, will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms only by discontinuing use of the Service.

 

16. GENERAL PROVISIONS

 

A. Tijuana Flats’ Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants Tijuana Flats a right of consent or approval, or permits Tijuana Flats to exercise a right in its “sole discretion,” Tijuana Flats may exercise that right in its sole and absolute discretion. No Tijuana Flats consent or approval shall be effective unless in writing, signed by an authorized officer of Tijuana Flats. The failure of Tijuana Flats to enforce any provision of these Terms shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision thereafter.

B. Indemnity. As permitted by applicable law, you shall defend, indemnify, and hold harmless Tijuana Flats Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise or result from or are related to any claim, suit, action, demand, or proceeding made or brought against any Tijuana Flats Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Tijuana Flats Parties’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate fully as required by Tijuana Flats Parties, in the defense of any Claims and Losses. If you cause a technical disruption of all or any part of the Service or the systems transmitting such Service to you or others, you further agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Notwithstanding the foregoing, Tijuana Flats Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Tijuana Flats Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Tijuana Flats Party.

In connection with the foregoing, if you are a California resident or resident of a state with a similar applicable law, you hereby expressly waive California Civil Code section 1542 (or such other similar applicable law in Your state), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

C. Operation of Service.. Tijuana Flats controls and operates the Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

D. Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

E. Severability; Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you shall waive any applicable statutory and common law that may permit a contract to be construed against its drafter.

F. Investigations; Cooperation with Law Enforcement; Termination; Survival.  Tijuana Flats reserves the right, without limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by Tijuana Flats in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Tijuana Flats under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Tijuana Flats, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Tijuana Flats in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, class action waiver, and mandatory arbitration.

G. Assignment. Tijuana Flats may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an authorized officer of Tijuana Flats.

H. Complete Agreement; No Waiver. These Terms as well as any Additional Terms and any additional policies or operating rules posted on the Service, constitute the complete agreement with respect to the Service and supersede any prior agreements, representations, warranties, assurances or discussion whether oral or written related to the Service.

 

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If you have any questions about these Terms or the Service, or if you believe that something on the Service violates the Terms, please contact us or at social@tijuanaflats.com