Please review the following terms and conditions carefully. This agreement is a legally binding contract between you (“You” or “Your”) and the Company, Tacos and Company, otherwise known as Tacos and Company. By accessing the Site, You agree to the terms and conditions as outlined in this legal notice. We reserve the right to change these terms and conditions from time to time at Our sole discretion by posting such revised terms and conditions on the Site. Your continued use of the Site following any such change constitutes Your agreement to follow and be bound by the terms and conditions as changed. If You do not agree, You should not use this Site.
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USE OF SITE AND ITS MATERIALS
Subject to your compliance with the terms and conditions which follow, the Company grants you a non-exclusive, non-transferable, limited right to access, use and display this Site. The company authorizes you to view, download, copy and print the information (“Materials”) at this Site only for your personal, informational, non-commercial use. This authorization is not a transfer of title or intellectual property rights in the Materials, and/or copies of the Materials and is subject to the following restrictions:
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TRADEMARKS AND OWNERSHIP OF INTELLECTUAL PROPERTY
Tacos and Company is a service mark of Tacos and Company and is registered in the U.S. and other countries. The absence of a product or service name or logo belonging to Tacos and Company anywhere in the text of this Site does not constitute a waiver of Tacos and Company trademark or other intellectual property rights concerning that name or logo used or referenced on this Site.
The trademarks, logos, service marks, and all other source identifying names and graphics displayed on the Site, and the Site and all of its contents including, but not limited to, all text, images and audio (collectively, the “Intellectual property”), are owned and copyrighted by Tacos and Company with all rights reserved unless otherwise noted. Tacos and Company does not permit the use of its Intellectual Property in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without Tacos and Company., prior express written permission.
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YOUR CONDUCT
You agree not to:
- upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (y) infringes any third party’s intellectual property; or (z) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site;
- impersonate any person or entity, including, but not limited to, Our official or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- attempt, through any means, to gain unauthorized access to the Site, or another user’s account on the Site; or
- use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained herein without our prior expressed written permission. Additionally, You agree that You will not take any action that imposes an unreasonable or disproportionately large load on Our infrastructure.
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SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other information communicated to Us through the Site (together, the “Submission”) will forever be Our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in Our future operations. Without limitation, We will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. By communicating a Submission to us, You hereby assign such Submission to Us. We will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Us have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
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LINKS TO OTHER WEBSITES
The Site contains links to third party sites. The linked sites are not under Our control and We do not endorse, adopt or undertake any responsibility for the content or privacy practices of any linked site.
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DISCLAIMER OF WARRANTIES
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
- WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS, IF ANY, THAT MAY BE OBTAINED FROM THE USE OF THE SITE.
- YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
- YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
- WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
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LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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INDEMNIFICATION
You agree to indemnify, hold harmless and release Us, and each of Our respective subsidiaries, affiliates, officers, agents, licensees, co-branders or other partners, and employees, from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to Your use of the Site and/or any content contained therein and/or any transaction You enter into with a third party based on information or contacts obtained from the Site.
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CHANGES TO THE SITE
We reserve the right to modify, suspend or discontinue all or any portion of the Site at any time, with or without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms of Use. All areas of the Site are currently accessible to users without charge, however We reserve the right to charge users for access to or use of any portion of the Site in the future. These Terms of Use may be modified by Us at any time. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.
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FAILURE TO ABIDE BY THESE TERMS
We may in Our sole discretion terminate or suspend Your account and any current activities at the Site immediately without notice to You if You breach these Terms of Use or if We are unable to verify or authenticate any information that You provide to Us. We reserve the right, in Our sole discretion, to refuse access to any user at any time to those portions of the Site that require registration. You agree that We shall not be liable to You or any third party for any termination of Your access to any Material and/or the Site.
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GOVERNING LAW: CONSENT TO JURISDICTION
You agree that these Terms of Use are governed by the laws of the State of California (notwithstanding any principles of conflict of laws) and that proper and convenient venue lies exclusively with the courts State and federal courts sitting in the Central District of California. You agree to be subject to the personal jurisdiction of the State and federal courts sitting in or having jurisdiction over Ventura County, California, U.S.A. in the event that any litigation results concerning any aspect arising out of these Terms of Use.
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MISCELLANEOUS
These Terms of Use constitute the entire agreement between You and Us with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE.