Terms of Service

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

1. Acceptance of Terms

By accessing, browsing, or using the Website at food-cabanataco.click, placing an order, or otherwise engaging with Cabana Taco in any capacity, you ("User," "Customer," or "you") agree to be legally bound by these Terms of Service and all applicable federal, state, and local laws and regulations of the United States. These Terms constitute a legally binding agreement between you and Cabana Taco.

If you are using our Website or 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 in such case, "you" and "your" will refer to that entity. If you do not have such authority, you must not accept these Terms or use our services on behalf of that entity.

We reserve the right to modify, revise, or update these Terms at any time. Continued use of the Website following the posting of revised Terms constitutes your acceptance of any such changes. It is your responsibility to review these Terms periodically for updates.

You must be at least 13 years of age to use this Website. By using our Website, you represent and warrant that you are at least 13 years old. If you are under the age of 18, you must have the consent of a parent or legal guardian to use our services and make purchases.

2. Description of Services

Cabana Taco is a food service business operating in the United States. We offer a range of food-related products and services, including but not limited to:

• Preparation and sale of tacos, burritos, and related Mexican-inspired food items
• Online ordering and reservation services through our Website
• Catering and event food services
• Pick-up and/or delivery of food orders (where available)
• Promotional offers, loyalty programs, and special event services
• Informational content related to our menu, ingredients, and business

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. Availability of menu items and services may vary by location, time, and operational capacity.

All food items are subject to availability. We make reasonable efforts to maintain accurate menu and pricing information on our Website; however, we do not warrant that product descriptions, pricing, or other content is accurate, complete, or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

2.1 Online Ordering

Where our Website supports online ordering, you agree that all information submitted when placing an order — including your name, delivery address, contact details, and payment information — is accurate, complete, and current. You are solely responsible for any errors in orders placed through our Website. Order confirmations sent to you by email or through our Website do not constitute a guarantee of fulfillment; they are an acknowledgment that we have received your order request.

2.2 Catering Services

Catering inquiries and bookings are subject to separate agreements and confirmation from Cabana Taco. Catering orders may require advance notice and a deposit. All catering arrangements must be confirmed in writing before they are considered accepted by us.

3. User Obligations and Prohibited Activities

By using our Website and services, you agree to comply with all applicable laws, regulations, and these Terms. You represent and warrant that you will use our Website and services only for lawful purposes and in a manner consistent with these Terms.

3.1 User Obligations

You agree to:

• Provide accurate, truthful, and complete information when creating an account or placing an order
• Maintain the confidentiality of any account credentials associated with your use of our Website
• Promptly notify us of any unauthorized use of your account or any breach of security
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services
• Use our services in good faith and in a manner that does not harm Cabana Taco or any third party
• Pay all amounts due in a timely manner in accordance with these Terms

3.2 Prohibited Activities

You agree that you will NOT:

• Use our Website or services for any unlawful, fraudulent, or malicious purpose
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity
• Transmit any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, or any other form of solicitation
• Attempt to gain unauthorized access to any portion or feature of our Website, or any other systems or networks connected to our Website
• Engage in any conduct that restricts or inhibits any other user from using or enjoying our Website or services
• Use any robot, spider, scraper, or other automated means to access our Website for any purpose without our express written permission
• Collect or store personal data about other users without their express consent
• Upload or transmit any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of our Website or any software used in connection with it
• Use our Website in any manner that could damage, disable, overburden, or impair our servers or networks
• Circumvent, disable, or otherwise interfere with security-related features of the Website
• Place fraudulent, fictitious, or bad-faith orders
• Engage in any activity that infringes upon the intellectual property rights of Cabana Taco or any third party

Violation of any of the above prohibited activities may result in the immediate termination of your access to our Website and services, and may subject you to civil and/or criminal liability under applicable law.

4. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, photographs, images, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), is the property of Cabana Taco or its content suppliers and is protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, patent, and trade secret laws.

The Cabana Taco name, logo, brand elements, and all related names, logos, product and service names, designs, and slogans are trademarks of Cabana Taco or its affiliates. You may not use such marks without the prior written permission of Cabana Taco. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4.1 Limited License

Subject to your compliance with these Terms, Cabana Taco grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial use. This license does not include any right to:

• Resell or make any commercial use of the Website or its Content
• Collect and use any product listings, descriptions, or prices
• Make any derivative use of the Website or its Content
• Download or copy account information for the benefit of another merchant
• Use any data mining, robots, or similar data gathering and extraction tools

4.2 User-Submitted Content

If you submit, post, or otherwise make available any content on our Website (such as reviews, comments, photos, or suggestions), you grant Cabana Taco a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate any third-party rights or applicable law.

5. Payment Terms

Certain services provided by Cabana Taco require payment, including online food orders and catering services. By placing an order or engaging our services, you agree to the following payment terms:

5.1 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, service fees, or delivery charges unless explicitly stated. Applicable taxes will be calculated and added to your order at checkout in accordance with applicable federal, state, and local tax laws.

5.2 Payment Methods

We accept payment through the methods indicated on our Website at the time of checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including all applicable fees and taxes.

5.3 Order Cancellations and Refunds

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you believe there is an error with your order or a quality issue, please contact us immediately at [email protected]. Refunds and cancellations will be evaluated on a case-by-case basis at the sole discretion of Cabana Taco. Catering deposits may be non-refundable depending on the advance notice provided at the time of cancellation.

5.4 Failed Payments

If your payment is declined or fails for any reason, your order may not be processed or fulfilled. You are responsible for ensuring that your payment information is accurate and that sufficient funds are available. We reserve the right to cancel any order for which payment cannot be successfully processed.

6. Food Safety, Allergens, and Dietary Information

Cabana Taco takes food safety seriously and strives to comply with all applicable federal, state, and local food safety regulations in the United States, including those administered by the U.S. Food and Drug Administration (FDA) and relevant state and local health authorities.

However, we cannot guarantee that our food products are free from allergens or cross-contamination. Our kitchen may process or handle products containing common allergens including but not limited to: peanuts, tree nuts, milk, eggs, wheat, soybeans, fish, and shellfish. If you have a food allergy or dietary restriction, it is your sole responsibility to inform us prior to placing your order. We strongly recommend that individuals with severe food allergies exercise caution when ordering from us.

Nutritional and ingredient information provided on our Website is for general informational purposes only and may not be completely accurate. Menu items and recipes are subject to change. We disclaim all liability for any adverse reactions or health consequences arising from consumption of our food products.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CABANA TACO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
• DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• DAMAGES RESULTING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON OUR WEBSITE
• ANY OTHER DAMAGES ARISING FROM YOUR USE OF OUR WEBSITE OR SERVICES

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CABANA TACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. IN ANY CASE, CABANA TACO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO CABANA TACO IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00), WHICHEVER IS GREATER.

8. Disclaimers

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CABANA TACO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED

Cabana Taco does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website, and Cabana Taco will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you, and your legal rights may vary accordingly.

9. Indemnification

You agree to defend, indemnify, and hold harmless Cabana Taco and its officers, directors, employees, agents, contractors, licensors, and suppliers 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 of Service
• Your use or misuse of our Website or services
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property right, privacy right, or right of publicity
• Any content you submit, post, or make available through our Website
• Your negligence, willful misconduct, or fraudulent activity
• Any dispute or issue between you and any third party

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses. You agree not to settle any such matter without our prior written consent.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Cabana Taco principally operates, without regard to its conflict of law provisions.

To the extent that any dispute is not subject to binding arbitration as described in Section 11 below, you and Cabana Taco agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the United States. You waive any objection to the laying of venue of any such proceedings in such courts and waive any claim that such proceedings have been brought in an inconvenient forum.

Our services are controlled and operated from within the United States. We do not represent that materials on our Website are appropriate or available for use in locations outside of the United States. If you access our Website from a location outside of the United States, you do so on your own initiative and are solely responsible for compliance with applicable local laws.

These Terms are subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., as well as applicable state consumer protection statutes. Where applicable and relevant, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) may also apply to our data practices, as further described in our Privacy Policy.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting Cabana Taco at [email protected] and providing a written description of the dispute, your desired resolution, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within that period, either party may pursue formal dispute resolution as described below.

11.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

The arbitration shall be conducted in the English language. The arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could order or grant, except that the arbitrator shall not have authority to award punitive damages in excess of what a court could award under applicable law.

11.3 Class Action Waiver

YOU AND CABANA TACO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cabana Taco 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.

11.4 Exceptions

Notwithstanding the foregoing arbitration agreement, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

12. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you continue to use our Website or services. We reserve the right, in our sole discretion, to:

• Suspend or terminate your access to our Website or services at any time, with or without cause or notice
• Discontinue, modify, or restrict any portion of our services
• Remove any content submitted by you from our Website

Grounds for termination include, but are not limited to, your violation of these Terms, your engagement in fraudulent or illegal activity, your failure to pay amounts owed, or any conduct that we determine, in our sole discretion, is harmful to our business, other users, or third parties.

Upon termination, your right to use our Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

If you wish to terminate your relationship with Cabana Taco, you may do so by discontinuing use of our Website and services and by providing written notice to us at [email protected].

13. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Cabana Taco. These links are provided solely for your convenience and informational purposes. Cabana Taco has no control over, and assumes no responsibility for, the content, privacy policies, practices, or terms of any third-party websites or services. We do not endorse or make any representations about third-party websites or services.

We strongly encourage you to review the privacy policies and terms of service of any third-party websites or services that you visit through links on our Website. Your use of third-party websites or services is subject to those parties' terms and policies, not ours. Cabana Taco shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available through third-party websites or services.

14. Privacy Policy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to our Privacy Policy. Our Privacy Policy describes how we collect, use, store, and share information about you when you use our Website and services. We encourage you to review our Privacy Policy, available on our Website, to understand our practices.

We are committed to protecting your privacy in accordance with applicable federal and state privacy laws, including where applicable, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive practices related to data privacy.

15. Changes to Terms of Service

Cabana Taco reserves the right to modify, revise, update, or replace these Terms of Service at any time and for any reason, in its sole discretion. We will post the updated Terms on this page along with the revised "Last Updated" date. Where required by applicable law, we may also provide you with additional notice of material changes, such as by sending an email to the address associated with your account.

Your continued use of our Website or services after the posting of revised Terms constitutes your binding acceptance of such changes. If you do not agree to the revised Terms, you must immediately stop using our Website and services. It is your responsibility to regularly check this page for updates. We encourage you to review these Terms periodically to ensure you are aware of any changes.

No modification to these Terms by you shall be effective unless made in writing and signed by an authorized representative of Cabana Taco.

16. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The failure of Cabana Taco to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Cabana Taco.

17. Entire Agreement

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

No oral explanations or oral information given by any party shall alter the interpretation of these Terms. You agree that you have not relied upon, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms.

18. Force Majeure

Cabana Taco shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government orders or restrictions, fire, flood, earthquake, civil unrest, war, terrorism, labor disputes, utility failures, internet service disruptions, or supply chain disruptions. In the event of a force majeure event, Cabana Taco will make commercially reasonable efforts to minimize disruption to our services and to resume normal operations as soon as reasonably practicable.

19. Electronic Communications and Notices

By using our Website and services, you consent to receive communications from Cabana Taco electronically, including via email and through notices posted on our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

For legal notices to Cabana Taco, written notice must be sent to our contact information provided in Section 20 below. Electronic mail is sufficient for non-legal correspondence. Notices sent to Cabana Taco by email shall be deemed received when we send an email acknowledgment or reply. Notices posted on our Website shall be deemed received when posted.

20. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any reason related to your use of our Website or services, please reach out to us using the following information:

We will make every effort to respond to your inquiry within a reasonable timeframe. For urgent food safety concerns or order issues, please contact us directly via email at [email protected] and include "URGENT" in the subject line.