Terms of Service

Effective Date: June 4, 2026  |  Last Updated: June 4, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Cabana Taco ("Company," "we," "us," or "our"), governing your access to and use of the website cabana-taco.digital (the "Site"), as well as all related services, features, content, and functionality offered by Cabana Taco, including online ordering, menu browsing, promotions, and customer engagement tools (collectively, the "Services").

By visiting the Site, placing an order, creating an account, subscribing to our communications, or otherwise interacting with our Services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or are a minor using the Site under the supervision of a parent or legal guardian who agrees to these Terms on your behalf;
• You have the legal authority and capacity to enter into this Agreement;
• Your use of the Services does not violate any applicable law or regulation.

If you are using the Site on behalf of a business, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and references to "you" shall include such entity.

Cabana Taco reserves the right to amend, modify, or update these Terms at any time. Continued use of the Site or Services after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Description of Services

Cabana Taco is a food service business that provides customers with access to a variety of Mexican-inspired and taco-centric food offerings. Our Services include, but are not limited to:

• Online Menu Access: Browsing our current food and beverage menu, including ingredients, nutritional information (where available), pricing, and seasonal specials;
• Online Ordering: Placing orders for food and beverages via our website for pickup, dine-in, or delivery (subject to availability and location);
• Catering Inquiries: Submitting catering requests for events, corporate gatherings, parties, and other occasions;
• Promotions and Loyalty Programs: Accessing special offers, discounts, loyalty rewards, and promotional campaigns;
• Customer Communications: Signing up to receive newsletters, updates, and promotional emails or text messages;
• Contact and Feedback: Submitting inquiries, reviews, comments, and feedback through our contact forms or third-party review integrations;
• Third-Party Delivery Integration: In some cases, facilitating food delivery through third-party platforms or services.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. Cabana Taco shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

Availability of menu items, pricing, hours of operation, and delivery zones may vary and are subject to change without prior notice. All menu offerings are subject to availability, and we cannot guarantee that any specific item will be in stock or available at the time of your order.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your access to and use of the Site and Services, you agree to:

• Provide accurate, current, and complete information when placing orders or creating an account;
• Maintain the security of your account credentials and notify us immediately of any unauthorized access;
• Use the Services solely for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations, including but not limited to those governing food safety, consumer protection, and electronic commerce;
• Respect the intellectual property rights of Cabana Taco and third parties;
• Conduct yourself respectfully in all communications with our staff and customer service representatives.

3.2 Prohibited Activities

You agree that you will not engage in any of the following activities:

• Using the Site or Services for any fraudulent, illegal, or unauthorized purpose;
• Submitting false, misleading, or fraudulent orders or payment information;
• Attempting to gain unauthorized access to any portion of the Site, our servers, or any systems or networks connected to the Site;
• Using automated tools, bots, scrapers, or scripts to access, scrape, or collect data from the Site without our express written permission;
• Transmitting any viruses, malware, worms, Trojan horses, or other harmful or destructive code;
• Harassing, threatening, defaming, or otherwise engaging in abusive conduct toward our employees, contractors, or other customers;
• Posting or transmitting any content that is obscene, offensive, discriminatory, or otherwise objectionable;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Interfering with or disrupting the integrity or performance of the Site or Services;
• Copying, reproducing, distributing, or creating derivative works from any content on the Site without prior written authorization;
• Engaging in any activity that places an unreasonably large load on our infrastructure;
• Circumventing any security features, encryption, or access controls implemented on the Site;
• Reselling, sublicensing, or commercially exploiting any portion of our Services without express written consent.

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

4. Intellectual Property Rights

All content, materials, features, and functionality available on the Site — including but not limited to text, graphics, logos, icons, images, photographs, audio and video clips, digital downloads, data compilations, and software — are the exclusive property of Cabana Taco or its licensors and are protected by applicable intellectual property laws, including the United States Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other proprietary rights.

The Cabana Taco name, logo, trade dress, and all related marks, names, and slogans are registered or unregistered trademarks and service marks of Cabana Taco. You may not use any of our trademarks, service marks, or trade names without our prior written consent. Unauthorized use of any Cabana Taco intellectual property may constitute trademark infringement, unfair competition, or other violations under applicable federal and state law.

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 Site and its content solely for your personal, non-commercial use in connection with our Services. This license does not include the right to:

• Reproduce, distribute, or publicly display any content;
• Modify or create derivative works based on the Site content;
• Use data mining, scraping, or similar data gathering tools;
• Frame or mirror any portion of the Site without written consent;
• Use the Site content for any commercial purpose.

Any unauthorized use of our intellectual property automatically terminates the license granted to you and may subject you to liability under applicable law. We reserve all rights not expressly granted in these Terms.

4.1 User-Submitted Content

If you submit, post, or otherwise provide reviews, comments, photos, feedback, or other content to us through the Site or via social media platforms ("User Content"), you grant Cabana Taco a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business operations and marketing activities.

You represent and warrant that you own or have the necessary rights to submit User Content and that your User Content does not infringe upon the intellectual property rights or other rights of any third party.

5. Ordering, Payments, and Pricing

5.1 Order Placement

When you place an order through our Site, you represent that all information provided is accurate and complete. We reserve the right to refuse or cancel any order for any reason, including but not limited to suspected fraud, pricing errors, or unavailability of menu items. You will be notified of any order cancellation and any applicable charges will be reversed.

5.2 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to change at any time without prior notice. Prices listed do not include applicable sales taxes unless expressly stated. You are responsible for paying all applicable federal, state, and local taxes on your purchases. Applicable taxes will be calculated and displayed at checkout.

5.3 Payment Processing

We accept payments via major credit cards, debit cards, and other payment methods as indicated on the Site. By providing your payment information, you authorize Cabana Taco or its designated third-party payment processor to charge your selected payment method for the total amount of your order, including any applicable taxes, fees, and delivery charges. Cabana Taco does not store full credit card numbers on its servers; payment processing is handled by secure, third-party payment processors in compliance with the Payment Card Industry Data Security Standard (PCI DSS).

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience an issue with your order — including incorrect items, quality concerns, or incomplete orders — please contact us within a reasonable time of receipt at [email protected]. Refunds or replacements will be issued at our sole discretion on a case-by-case basis. We are not obligated to provide refunds for change-of-mind cancellations after an order has been confirmed.

5.5 Promotional Offers and Discounts

Promotional codes, discounts, and special offers are subject to specific terms and conditions and may not be combined with other offers unless expressly stated. We reserve the right to modify or withdraw any promotional offer at any time.

6. Third-Party Links and Services

Our Site may contain links to third-party websites, delivery platforms, social media platforms, or other external services that are not owned or controlled by Cabana Taco. These links are provided for your convenience 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 such third-party sites.

Your interactions with third-party websites and services, including ordering through third-party delivery applications, are governed solely by the terms and policies of those third parties. We encourage you to review the terms and privacy policies of any third-party services you use.

7. Disclaimers and "As-Is" Basis

THE SITE AND ALL SERVICES PROVIDED BY CABANA TACO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY 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 SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE SITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED.

Cabana Taco does not warrant that the Site or Services will meet your specific requirements or expectations. We make no warranty with respect to the quality, safety, or fitness for consumption of food items not prepared or sold directly by us, including items from third-party partners or delivery services.

Nutritional information, allergen data, and ingredient details provided on the Site are for informational purposes only and may not be complete or fully accurate. Customers with food allergies, dietary restrictions, or medical conditions are strongly advised to consult directly with our staff before placing an order. Cabana Taco cannot guarantee that any menu item is free from specific allergens due to the risk of cross-contamination in food preparation environments.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE STATE CONSUMER PROTECTION STATUTES, CABANA TACO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• CONDUCT OF ANY THIRD PARTY ON THE SITE;
• ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.

IN NO EVENT SHALL CABANA TACO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE SITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CABANA TACO IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The foregoing limitations of liability shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise. Some jurisdictions do not allow certain limitations on liability; in such cases, our liability shall be limited to the greatest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Cabana Taco and its officers, directors, employees, agents, affiliates, licensors, and service providers (collectively, the "Indemnified Parties") 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;
• Your use of the Site or Services;
• Your User Content;
• Your violation of any applicable law, rule, or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any misrepresentation made by you in connection with your use of the Site or Services;
• Any dispute between you and another user, customer, or third party.

Cabana Taco reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with us in the defense of such matter.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Cabana Taco is registered and operates, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located within the applicable state for the resolution of any disputes not subject to arbitration under Section 11 below.

To the extent applicable, the following federal laws may govern certain aspects of these Terms and your use of our Services:

• Federal Trade Commission Act (15 U.S.C. § 41 et seq.): Governing unfair or deceptive acts and practices in commerce;
• Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.): Governing electronic communications and data privacy;
• Computer Fraud and Abuse Act (18 U.S.C. § 1030): Governing unauthorized access to computer systems;
• CAN-SPAM Act (15 U.S.C. § 7701 et seq.): Governing commercial electronic communications;
• California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA): If you are a California resident, you may have additional rights as described in our Privacy Policy.

If you are a consumer located in a state with specific consumer protection statutes, you may have additional rights under those laws that cannot be waived by these Terms. Nothing in this Agreement is intended to limit your statutory rights under applicable consumer protection laws.

11. Dispute Resolution

11.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or our Services (collectively, "Disputes"), you agree to first attempt to resolve the Dispute informally by contacting Cabana Taco at [email protected]. We will attempt to resolve the Dispute informally within thirty (30) days of receiving your written notice. If the Dispute is not resolved within that time period, either party may pursue formal dispute resolution as set forth below.

11.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION (AAA) CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT www.adr.org.

The arbitration shall be conducted by a single, neutral arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration shall take place in the state where Cabana Taco operates, or at such other location as agreed upon by the parties. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. NEITHER YOU NOR CABANA TACO MAY SEEK TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES.

11.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided the claim qualifies under the rules of the applicable small claims court and remains in that court.

11.5 Injunctive Relief

Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or other proprietary rights.

12. Term and Termination

These Terms shall remain in full force and effect while you use the Site or Services. Cabana Taco reserves the right to, in its sole discretion and without prior notice:

• Terminate or suspend your access to the Site and Services for any reason, including violation of these Terms;
• Delete any account you may have created;
• Cancel any pending orders in cases of suspected fraud or abuse;
• Pursue any and all available legal remedies for your violations of these Terms.

You may terminate your use of the Site and Services at any time by simply discontinuing your use. If you have an account with us, you may request account deletion by contacting us at [email protected].

Upon termination, all licenses granted to you under these Terms shall immediately cease, and you must stop all use of the Site and Services. The following provisions shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and Severability.

13. Changes to Terms

Cabana Taco reserves the right to modify, update, or revise these Terms at any time at our sole discretion. We will notify you of material changes by:

• Updating the "Last Updated" date at the top of this page;
• Posting a notice on our Site;
• Sending an email notification to the address associated with your account (if applicable).

Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must immediately cease using the Site and Services. We encourage you to review these Terms periodically to stay informed of any updates.

In cases where changes are material and affect your rights in a significant way, we will provide at least thirty (30) days' advance notice before the changes take effect. For non-material changes, the updated Terms will take effect immediately upon posting.

14. Accessibility

Cabana Taco is committed to ensuring that our Site and Services are accessible to all users, including individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and applicable accessibility requirements under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any difficulty accessing our Site or Services, please contact us at [email protected] so we can assist you and address any accessibility barriers.

15. Electronic Communications

By using our Site or Services, you consent to receiving electronic communications from Cabana Taco, including transactional communications, promotional messages, and policy updates via email or through the Site. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe link in our emails or by contacting us directly.

16. Entire Agreement

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

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted without affecting the remaining provisions of these Terms.

The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision, and all remaining provisions shall remain in full force and effect. The parties intend that all remaining provisions be given full effect according to their terms.

18. Waiver

No failure or delay by Cabana Taco in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. All rights and remedies available to Cabana Taco are cumulative and not exclusive of any other rights or remedies available at law or in equity.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Cabana Taco. Any purported assignment without such consent shall be null and void. Cabana Taco may assign or transfer these Terms and any rights hereunder at any time without restriction, including in connection with a merger, acquisition, sale of assets, or operation of law.

20. Force Majeure

Cabana Taco shall not be liable for any delay or failure to perform any obligation under these Terms to the extent such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, labor disputes, government actions, war, terrorism, civil unrest, supply chain disruptions, or failures of third-party service providers, telecommunications networks, or utilities.

21. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us using the information below. We are committed to addressing your inquiries in a timely and professional manner.

These Terms of Service were last reviewed and updated on June 4, 2026. Cabana Taco thanks you for your patronage and looks forward to serving you.