Terms of Service

Please read these Terms of Service carefully before using the website cabana.rest or any services offered by Cabana Taco. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

By accessing and using the website located at cabana.rest (the "Website"), or by using any services provided by Cabana Taco (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (the "Terms"), as well as our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must immediately discontinue use of the Website and our Services. Your continued use of the Website or Services after any modification to these Terms constitutes your acceptance of the revised Terms.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Cabana Taco ("Company," "we," "us," or "our"). This agreement is governed by the laws of the United States and the applicable state laws of the jurisdiction in which Cabana Taco operates.

You represent and warrant that you are at least eighteen (18) years of age, or if you are a minor, that you have obtained the consent of a parent or legal guardian to enter into this agreement. You further represent that you have the legal authority to enter into these Terms on behalf of yourself or any entity you represent.

2. Description of Services

Cabana Taco is a food service business that provides customers with freshly prepared Mexican-inspired cuisine, including but not limited to tacos, burritos, quesadillas, sides, beverages, and other food and drink items (the "Food Products"). Our Services include, without limitation:

• In-person dining at our physical location(s)
• Takeout and pickup orders placed in person, by phone, or via our Website
• Online ordering through the Website at cabana.rest
• Catering and event food services (where available)
• Delivery services through Cabana Taco directly or through authorized third-party delivery platforms
• Promotional offers, loyalty programs, and special events
• Customer support and communications via email at [email protected]

We reserve the right to modify, suspend, expand, or discontinue any aspect of our Services at any time, with or without notice, and without liability to you. The availability of specific menu items, pricing, hours of operation, and service options may vary by location and are subject to change without prior notice.

Cabana Taco does not guarantee that all menu items will be available at all times. Seasonal items, limited-edition offerings, and promotional items are subject to availability and may be discontinued at our sole discretion.

3. Use of the Website

3.1 Eligibility

To use the Website and place online orders, you must be at least eighteen (18) years of age or have the consent of a parent or legal guardian. By using the Website, you represent and warrant that you meet this eligibility requirement.

3.2 Account Registration

Certain features of our Website may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other security breach.

Cabana Taco reserves the right to terminate or suspend your account at any time, for any reason, including but not limited to violation of these Terms, without prior notice or liability.

3.3 Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes related to ordering food and engaging with our Services. Any other use of the Website requires our prior written consent.

4. User Obligations and Prohibited Activities

As a condition of your use of the Website and Services, you agree to comply with all applicable federal, state, and local laws and regulations. You further agree that you will not engage in any of the following prohibited activities:

• Fraudulent Activity: Using the Website or Services for any fraudulent, deceptive, or unlawful purpose, including but not limited to submitting false orders, providing fraudulent payment information, or impersonating another person or entity.
• System Interference: Attempting to gain unauthorized access to any part of the Website, our servers, computer systems, or networks connected to the Website through hacking, password mining, or any other means.
• Harmful Code: Transmitting any viruses, malware, spyware, or any other malicious or technologically harmful material through the Website.
• Data Scraping: Using any automated tools, bots, scrapers, crawlers, or similar technology to collect data from our Website without our express written consent.
• Interference with Operations: Taking any action that places an unreasonable or disproportionately large load on our Website's infrastructure or that interferes with the proper working of the Website.
• Unauthorized Commercial Use: Reselling, republishing, or otherwise exploiting any portion of the Website or Services for commercial purposes without our prior written consent.
• Harassment: Harassing, threatening, intimidating, or abusing any other user, employee, or representative of Cabana Taco.
• False Information: Submitting false or misleading information, including false reviews, ratings, or customer feedback.
• Intellectual Property Infringement: Copying, distributing, reproducing, or creating derivative works from any content on the Website without our express written permission.
• Circumventing Security: Attempting to circumvent any content-filtering techniques, security measures, or access controls implemented by Cabana Taco.
• Violation of Laws: Violating any applicable federal, state, or local laws, regulations, or ordinances in connection with your use of the Website or Services.

Violation of these prohibitions may result in immediate termination of your access to the Website and Services, and may subject you to civil and/or criminal liability. Cabana Taco reserves the right to investigate any suspected violations and to cooperate with law enforcement authorities in connection therewith.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through the Website, you are making an offer to purchase the selected Food Products at the stated price. Cabana Taco reserves the right to accept or decline any order at our sole discretion. An order is not confirmed until you receive a confirmation email or notification from us.

Prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. All prices are exclusive of applicable sales taxes, which will be added at the time of checkout in accordance with applicable state and local tax laws.

5.2 Payment Methods

We accept the following forms of payment for online orders, where available:

• Major credit and debit cards (Visa, MasterCard, American Express, Discover)
• Digital payment platforms (such as Apple Pay, Google Pay, or other platforms as indicated on the Website)
• Gift cards or promotional credits issued by Cabana Taco

By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete. You authorize Cabana Taco to charge your selected payment method for the total amount of your order, including applicable taxes and fees.

5.3 Pricing Errors

In the event that a Food Product is listed at an incorrect price due to a typographical error or technical error, Cabana Taco reserves the right to cancel any orders placed at the incorrect price, notify you of the error, and offer you the opportunity to reorder at the correct price.

5.4 Refunds and Cancellations

Refund and cancellation policies are handled on a case-by-case basis. If you wish to cancel or modify an order, please contact us as soon as possible at [email protected]. Once an order has entered the preparation stage, cancellations may not be possible. Refunds, if applicable, will be issued to the original payment method within a commercially reasonable time frame.

For concerns about food quality or order accuracy, please contact us at [email protected] within twenty-four (24) hours of receiving your order. We will work with you in good faith to resolve any issues.

5.5 Third-Party Delivery Platforms

If you place an order through a third-party delivery platform (such as DoorDash, Uber Eats, or Grubhub), the terms and conditions, payment policies, and refund policies of that third-party platform will govern your transaction. Cabana Taco is not responsible for the acts or omissions of third-party delivery platforms.

6. Food Safety and Allergen Information

Cabana Taco is committed to food safety and quality. However, our food is prepared in a kitchen that handles common allergens, including but not limited to gluten, dairy, eggs, tree nuts, peanuts, soy, fish, and shellfish. We cannot guarantee that any menu item is completely free from allergens.

Customers with food allergies or dietary restrictions are strongly encouraged to:

• Inform our staff of any allergies or dietary restrictions before placing an order
• Contact us at [email protected] for detailed allergen information
• Exercise caution and consult with a healthcare professional regarding their dietary needs

Cabana Taco shall not be liable for any adverse reactions, injuries, or health consequences arising from the consumption of our food products by individuals with known or unknown food allergies or dietary sensitivities.

7. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, menu designs, trade dress, software, and the compilation thereof (collectively, "Content"), is the property of Cabana Taco or its content suppliers and is protected by United States copyright laws, trademark laws, and other applicable intellectual property laws and international treaties.

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

You are granted a limited, non-exclusive, non-transferable license to access and view the Content on the Website solely for your personal, non-commercial use. You may not:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or Content without our express written permission
• Modify or create derivative works based on the Content
• Use any data mining, robots, or similar data gathering and extraction tools on the Content
• Frame or mirror any Content without our express written consent
• Remove or alter any copyright, trademark, or other proprietary notices from any Content

Any unauthorized use of our intellectual property may give rise to a claim for damages and/or may constitute a criminal offense under applicable law.

8. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CABANA TACO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, 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, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

CABANA TACO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety. In such jurisdictions, the foregoing disclaimers will apply to the greatest extent permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL CABANA TACO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF CABANA TACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO:

• Your use of, or inability to use, the Website or Services
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any errors, mistakes, or inaccuracies of content on the Website
• Any interruption or cessation of transmission to or from the Website
• The consumption of any Food Products purchased through our Services
• Any third-party conduct or content

IN NO EVENT SHALL CABANA TACO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CABANA TACO IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The limitations set forth in this section shall apply regardless of the theory of liability, whether based on warranty, contract, tort (including negligence), statute, or otherwise. Some states do not allow limitations on implied warranties or liability for incidental or consequential damages, so the above limitations may not apply to you in full. In such states, our liability shall be limited to the greatest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Cabana Taco and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Website or Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights
• Any content or information you submit, post, or transmit through the Website
• Your negligence or willful misconduct

Cabana Taco reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of Cabana Taco.

11. Third-Party Links and Services

The Website may contain links to third-party websites, services, or platforms that are not owned or controlled by Cabana Taco. These links are provided for your convenience and informational purposes only. Cabana Taco has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We do not endorse or make any representations about third-party websites or services. Your access to and use of any linked third-party websites is at your own risk and subject to the terms and conditions of those third-party websites. We encourage you to review the privacy policies and terms of service of any third-party websites you visit.

12. Privacy Policy

Your privacy is important to us. Our Privacy Policy, available on our Website, describes how we collect, use, store, and share information about you when you use our Website and Services. By using our Website and Services, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent applicable, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) for consumer protection purposes.

13. 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 or formation (including non-contractual disputes or claims) 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 is registered and operates, without giving effect to any choice of law or conflict of law principles that would cause the application of the laws of any other jurisdiction.

Subject to the dispute resolution provisions below, you agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located in the state where Cabana Taco is headquartered. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such legal action in such courts.

These Terms are subject to applicable federal laws of the United States, including the Federal Trade Commission Act, which prohibits unfair or deceptive acts or practices in commerce, as well as any other applicable federal regulations governing food service and e-commerce businesses.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to contact Cabana Taco at [email protected] and provide a written description of your complaint, including your name, contact information, and a detailed description of the dispute. We will make good faith efforts to resolve the dispute informally within thirty (30) calendar days of receiving your written notice.

14.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or our Services, or the breach, termination, or invalidity thereof, shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND CABANA TACO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Cabana Taco agree otherwise in writing, 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.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek 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, confidential information, or other proprietary rights.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you continue to access or use the Website or Services. Cabana Taco reserves the right, in its sole discretion, to:

• Terminate or suspend your access to the Website or Services, with or without notice, for any reason, including if we believe you have violated these Terms
• Discontinue or modify the Website or any part thereof at any time without liability
• Remove any content or information you have submitted in violation of these Terms

Upon termination, your right to access and use the Website and Services will immediately cease. The following provisions shall survive termination of these Terms: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law and Jurisdiction, and any other provisions that by their nature should survive termination.

You may terminate your use of the Website and Services at any time by discontinuing your use of the Website and, if applicable, deleting your account. Termination of your account does not relieve you of any obligations you may have incurred prior to termination.

16. Changes to Terms of Service

Cabana Taco reserves the right to modify, update, or revise these Terms at any time at our sole discretion. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page. In the event of material changes to these Terms, we may also provide additional notice, such as by sending an email to the address associated with your account or by posting a notice on the Website.

Your continued use of the Website or Services after any modification to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must immediately discontinue your use of the Website and Services.

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

17. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to applicable law, 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 remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity, illegality, or unenforceability of any single provision.

The invalidity of a provision in one jurisdiction shall not affect the validity of that provision in any other jurisdiction where it may be valid and enforceable.

18. Entire Agreement

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

No failure or delay by Cabana Taco in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, and no single or partial exercise of any right, power, or privilege shall preclude the exercise of any other right, power, or privilege. The waiver by Cabana Taco of any breach of these Terms shall not be construed as a waiver of any subsequent breach.

19. Force Majeure

Cabana Taco shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, earthquake, governmental actions, war, terrorism, civil unrest, labor disputes, supply chain disruptions, internet or telecommunications outages, or any other event that is unforeseeable and outside our reasonable control (each, a "Force Majeure Event").

In the event of a Force Majeure Event, Cabana Taco will make commercially reasonable efforts to notify affected customers and to resume normal operations as soon as reasonably practicable.

20. Electronic Communications

By using the Website or communicating with us via email or other electronic means, you consent to receive communications from Cabana Taco electronically. We may communicate with you by email or by posting notices on the 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.

You may opt out of non-essential marketing communications from Cabana Taco at any time by following the unsubscribe instructions included in our emails or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional communications related to your orders and account.

21. Accessibility

Cabana Taco is committed to ensuring that our Website is accessible to individuals with disabilities, in accordance with applicable federal and state accessibility standards, including the Americans with Disabilities Act (ADA). If you experience difficulty accessing any part of our Website, please contact us at [email protected] so that we may assist you or provide the information you need through an alternative means.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need to contact Cabana Taco for any reason, please reach out to us using the following contact information:

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters related to food safety or order issues, please contact us as soon as possible at [email protected].