Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THE ONLINE SERVICES.

Fun Tacos Restaurant LLC (“FTR,” “we” or “our”), as a convenience to you grants you access to its website, accessible via www.funtacoslv.com, its mobile/tablet applications, loyalty programs, stored value cards and other online programs (collectively, the “Online Services”), conditioned on your acceptance of the terms, conditions and notices contained herein (these “Terms of Use”). For the purposes of these Terms of Use, “Content” means, collectively, any content, including, without limitation any text, software, source code, applications, specifications, images, audio files, articles, and other information or content available through the Online Services.

You are also subject to the FTR Privacy Policy. You agree that FTR may modify these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you. When you access, download or use any of the Online Services, you accept, without limitation or qualification, these Terms of Use as if you had signed them. You are responsible for regularly reviewing these Terms of Use. In addition, FTR may discontinue, or change from time to time, any Online Service without prior notice.

These Terms of Use are effective as of July 22, 2017.

1. ACCEPTANCE OF TERMS

Please read these Terms of Use and FTR’s Privacy Policy carefully. By accessing, downloading or using the Online Services, you agree to these Terms of Use, and you consent to the collection and use of information as described in our Privacy Policy. If you do not agree to these Terms of Use and the terms and conditions of our Privacy Policy, you must cease using the Online Services immediately and discontinue any use of any Content.

2. ADDITIONAL TERMS

Certain services offered by or through the Online Services, including mobile/tablet applications, loyalty programs, sweepstakes and other prize promotions may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms of Use and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms of Use, the additional terms will prevail.

3. USE OF THE ONLINE SERVICES

YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE ONLINE SERVICES. Some Online Services may require that you must be 18 or older to use the Online Service. The Online Services are not targeted toward, nor are they intended to be used by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Online Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Unless otherwise specified, the Online Services are for your personal and noncommercial use. You may not (i) modify, copy, distribute, reverse engineer, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content, other than for your use of the Online Services as expressly permitted in these Terms of Use; (ii) access or attempt to access any systems or servers on which the Online Services are hosted or modify or alter the Online Services in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Online Services; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Services or any business being conducted on the Online Services; (v) use the Online Services or any Content, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from different areas of the Online Services solely for your own noncommercial use. Any other use of materials on the Online Services, including but not limited to the modification, reproduction, distribution, republication, display or transmission of any Content, without prior written permission of FTR is strictly prohibited.

FTR does not accept or consider unsolicited suggestions and materials, including any ideas, comments, suggestions, or the like (collectively, “Information”). Please do not submit any Information to FTR by electronic mail, contact us forms or otherwise. Notwithstanding the foregoing and except as otherwise provided under the Privacy Policy concerning personally identifying information, if you submit Information to FTR, such Information will be treated as non-confidential and non-proprietary. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Information. FTR is free to use any Information, without limitation and without any compensation to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using Information or editing, altering, broadcasting, posting, publishing, copying, disclosing, distributing, incorporating and otherwise using Information. By submitting Information to FTR, you agree FTR is free to use the Information for any purpose whatsoever.

4. COPYRIGHTS

The Content and the Online Services, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of FTR and/or its licensors and are protected by patent, trademark, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with FTR’s express written consent. Other than as necessary for your use of the Online Services in accordance with these Terms of Use, FTR grants no other privileges or rights in the Content to you, and you must keep intact all patent, trademark, copyright and other proprietary notices on the Content. Any Content owned by FTR’s licensors may be subject to additional restrictions.

5. TRADEMARKS

All trademarks, service marks, trade names and tradedress, whether registered or unregistered (collectively the “Marks”) that appear within the Online Services are proprietary to FTR or other respective owners that have granted FTR the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of FTR, and you may not remove or otherwise modify any trademark notices from any Content.

6. USER CONTENT

This Online Services may allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures, digital images, or other content in any form (collectively “User Content”). By posting or submitting User Content on the Online Services, you hereby grant FTR an exclusive, unrestricted, transferable and sub-licensable, irrevocable, royalty-free and fully paid-up, world-wide, and perpetual license to reproduce, distribute, market, publicly display, modify, make, have made, sell and offer for sale, practice all applicable patent, copyright, moral right, mask work, trade secret, and other intellectual property rights, make derivative works of, exploit and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from FTR in connection with the FTR’s exercise of its license rights in and to the User Content you have posted on or submitted to the Online Services. By posting or submitting the User Content on the  Online Services, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.

7. NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Online Service’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. FTR respects the intellectual property of others, and we ask our users and visitors to do the same. FTR will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, FTR will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FTR the following information. Please be advised that to be effective, the notification must include ALL of the following:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Online Services;
  4. Your address, telephone number, and email address and all other information reasonably sufficient to permit FTR to contact you;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

Fun Tacos Restaurant LLC
Attention: Legal Department
2330 S. Rainbow Blvd.
Las Vegas, NV 89146

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING FTR THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

8. TERM & TERMINATION

These Terms of Use are applicable to you upon your accessing, downloading or using the Online Services. These Terms of Use may be modified, altered, updated or terminated by FTR without notice at any time for any reason. Your continued use of the Online Services after such modifications, alterations or updates, as the case may be, signifies your agreement to be bound by such modifications, alterations or updates. The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification, Applicable Laws, and General shall survive any termination of these Terms of Use.

9. ONLINE ORDERING

FTR may make available to you the ability to order online from our participating Fun Tacos Restaurants. These Terms of Use apply only to orders placed through the Online Services. Any applicable fees, taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Online Services. You are responsible for payment of your order by means of a payment option made available through the Online Services at the time of ordering. We use third party providers and may accept various third party services to process payments. The Fun Tacos Restaurant identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating Fun Tacos Restaurant location may not have all menu items identified through the Online Services.

10. LINKS TO THIRD PARTY SITES AND SOCIAL MEDIA PAGES

The Online Services may contain links to other third-party websites, including the franchised operators of Fun Tacos Restaurants, and social media platforms, such as Facebook, Twitter, or Foursquare (all links to third-party websites and social media platforms are collectively referred to herein as "External Sites"). External Sites are provided only for your convenience. However, even if the third party is affiliated with FTR, FTR has no control over the External Sites, all of which have separate privacy and data collection practices, independent of FTR. If you decide to visit any External Site, you do so at your own risk. FTR and its affiliates have no responsibility or liability for any External Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from an External Site, your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Site.

11. TRANSACTIONS WITH FTR AND THIRD PARTIES

If you wish to make purchases through the Online Services or an External Site, you may be asked by us or the merchant or operator from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold FTR liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such purchase shall be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make.

12. MOBILE APPS

In order to use Online Services made available through a mobile or tablet application (an “App”) you must have a compatible mobile device. FTR does not warrant that the App will be compatible with your mobile device.

If you access the App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and their subsidiaries, respectively, shall be a third-party beneficiary to these Terms of Use and you agree that these third-party beneficiaries have the right to enforce these Terms of Use against you. However, these third-party beneficiaries are not a party to these Terms of Use and are not responsible for the provision or support of the App. You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the App.

13. DISCLAIMERS

FTR makes no warranties or representations about the accuracy or completeness of the Online Service’s content or the content of any External Sites. FTR does not filter advertisements or other content that children may view through our Online Services or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

THE ONLINE SERVICES AND ANY CONTENT, PRODUCTS OR SERVICES PROVIDED VIA THE ONLINE SERVICES, INCLUDING LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FTR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FTR DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE  ONLINE SERVICES OR THE SERVER THAT MAKES THE ONLINE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FTR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE ONLINE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. AS A CONDITION OF YOUR USE OF THE ONLINE SERVICES, YOU WARRANT TO FTR THAT YOU WILL NOT USE THE ONLINE SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL FTR, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF FTR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE ONLINE SERVICES, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL FTR’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE ONLINE SERVICES EXCEED TEN DOLLARS.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FTR, and its parents, subsidiaries, and affiliates, and their respective officers, directors, employees, agents, licensors, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

16. APPLICABLE LAWS

Your use of the Online Services shall be governed in all respects by the laws of the State of Nevada, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Online Services shall be in the state or federal courts located in Nevada. Any cause of action or claim you may have with respect to the Online Services must be commenced within one (1) year after the claim or cause of action arises. FTR’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. FTR may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

17. GENERAL

FTR may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular sections or pages on or within the Online Services. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FTR as a result of these Terms of Use, our Privacy Policy or any use of the Online Services. FTR’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of FTR’s right to comply with law enforcement requests or requirements relating to your use of the Online Services or information provided to or gathered by FTR with respect to such use. Except as expressly provided herein, these Terms of Use and our Privacy Policy constitute the entire agreement between you and FTR with respect to the Online Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FTR with respect to the Online Services. We may provide notice to you hereunder by posting announcements to the Online Services.

18. NOTICES

Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the Online Services, you must provide all notices or complaints to FTR via email using our contact form here, or mail at Fun Tacos Restaurant LLC, Attention: Legal Department, 2330 S. Rainbow Blvd., Las Vegas, NV 89146.

^