Terms of Service

Effective Date: May 23, 2026  |  Last Updated: May 23, 2026

1. Acceptance of Terms

Welcome to Cabana Taco. 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 located at taco-cabana.click (the "Website") and all related services, content, features, and functionality offered through the Website (collectively, the "Services").

By visiting our Website, placing an order, creating an account, subscribing to communications, or otherwise engaging with our Services in any manner, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are using the 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 references to "you" shall apply to that entity.

These Terms apply to all visitors, users, customers, and others who access or use our Website or Services. Your continued use of the Website following any modifications to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.

If you are under the age of 13, you are not permitted to use this Website or Services. Users between the ages of 13 and 18 may use the Website only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Cabana Taco operates as a food service business offering customers the ability to browse our menu, place food and beverage orders, make reservations, access nutritional and allergen information, participate in loyalty and rewards programs, and engage with promotional content through our Website located at taco-cabana.click.

Our Services include, but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for pickup, delivery, or dine-in through the Website or integrated third-party ordering platforms.
• Account Management: Users may create personal accounts to manage their order history, saved preferences, payment methods, and loyalty rewards.
• Loyalty and Rewards Programs: Eligible customers may enroll in promotional programs that offer points, discounts, or complimentary items based on qualifying purchases.
• Promotional Offers and Coupons: We may, at our discretion, offer limited-time promotions, discount codes, or special offers through our Website or email communications.
• Customer Support: Users may contact our team via email or other communication channels for assistance with orders, billing inquiries, and general questions.
• Nutritional Information: We provide general nutritional and allergen information for menu items as a convenience, subject to the disclaimers set forth herein.

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

Availability of menu items, pricing, and promotions may vary by location, day, and time. All offerings are subject to availability. We do not guarantee the availability of any specific product or service at any given time.

3. User Obligations and Prohibited Activities

By using our Services, you agree to comply with all applicable federal, state, and local laws and regulations of the United States, including but not limited to consumer protection laws enforced by the Federal Trade Commission ("FTC") under the FTC Act (15 U.S.C. § 45 et seq.).

You agree to use the Website and Services solely for lawful, personal, and non-commercial purposes unless expressly authorized by us in writing. You represent and warrant that all information you provide to us is accurate, current, and complete, and that you will maintain and update such information as necessary.

3.1 User Obligations

• Provide accurate and complete registration and account information.
• Maintain the confidentiality and security of your account credentials and notify us immediately of any unauthorized access or breach.
• Use the Website only for lawful purposes consistent with these Terms.
• Comply with all applicable laws, including food safety regulations, consumer protection statutes, and applicable state laws.
• Promptly pay for any orders placed through our Website in accordance with the payment terms specified.
• Treat our staff, agents, and other users with respect in all interactions.

3.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Using the Website or Services for any unlawful, fraudulent, deceptive, or unauthorized purpose.
• Impersonating any person, business, or entity, including our staff, representatives, or other users.
• Attempting to gain unauthorized access to our systems, databases, servers, or other computer infrastructure.
• Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful code.
• Scraping, crawling, or using automated tools to extract content or data from our Website without prior written consent.
• Engaging in any conduct that could damage, disable, overburden, or impair the functioning of our Website or servers.
• Circumventing, disabling, or otherwise interfering with security-related features of the Website.
• Using our Services to send unsolicited commercial communications (spam) to other users or third parties.
• Placing fraudulent orders or providing false payment information.
• Abusing promotional offers, coupons, or loyalty reward programs, including creating multiple accounts to obtain unauthorized benefits.
• Harassing, threatening, or intimidating other users or our staff.
• Reproducing, copying, selling, reselling, or exploiting any portion of our Website or Services without express written permission.
• Engaging in any activity that violates any applicable federal, state, or local law or regulation.

Violation of any prohibited activities may result in immediate termination of your account, cancellation of orders, referral to law enforcement authorities, and civil legal action for damages as permitted by law.

4. Intellectual Property Rights

All content, materials, and features available through the Website, including but not limited to text, graphics, logos, icons, photographs, menu designs, video clips, digital downloads, data compilations, software, and the overall appearance and design of the Website (collectively, the "Content"), are the exclusive property of Cabana Taco or its content suppliers and are protected by United States intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable trade secret laws.

The Cabana Taco name, logo, and all related trade names, trademarks, service marks, logos, product and service names, designs, and slogans are trademarks of Cabana Taco or its affiliates or licensors. 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.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with the Services. This license does not include the right to:

• Reproduce, distribute, publish, or publicly display any Content without prior written consent.
• Modify, create derivative works from, or alter the Content in any way.
• Use the Content for any commercial purpose or for any public display (commercial or non-commercial) without express written permission.
• Remove or alter any proprietary notices, labels, or marks on the Content.
• Transfer the Content to any other person or "mirror" the Content on any other server.

Any unauthorized use of the Content terminates the permission or license granted by Cabana Taco. We reserve all rights not expressly granted in these Terms. If you believe that any Content on our Website infringes upon your intellectual property rights, please contact us using the information provided in the Contact section below.

5. Payment Terms

When you place an order or make a purchase through our Website, you agree to provide current, complete, and accurate payment information. By submitting payment information, you authorize Cabana Taco and its third-party payment processors to charge the applicable fees to your selected payment method.

5.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. We reserve the right to modify prices for any reason at any time. Applicable sales taxes, fees, and delivery charges (if any) will be calculated and disclosed at checkout prior to the completion of your order.

5.2 Payment Processing

We use third-party payment processors to handle all transactions. By providing your payment information, you agree to the terms and conditions of our payment processors. Cabana Taco does not store complete credit card or debit card numbers on its servers. We are not responsible for errors or issues caused by your financial institution or payment processor.

5.3 Order Confirmation and Cancellation

Once an order is submitted and payment is processed, you will receive an email confirmation. Orders may not be canceled or modified once submitted, depending on the stage of preparation. If you have concerns about a completed order, please contact us at [email protected] within 24 hours of the transaction.

5.4 Refunds and Disputes

Refund eligibility is determined on a case-by-case basis. If you experience an issue with your order, including incorrect items, quality concerns, or order errors attributable to our staff, please contact us promptly. We will work in good faith to resolve the issue, which may include providing a replacement, credit, or refund at our discretion. Chargebacks or payment disputes filed without first contacting us may result in the suspension of your account.

6. Disclaimers

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, 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, TITLE, AND NON-INFRINGEMENT.

Cabana Taco does not warrant that:

• The Website or Services will be uninterrupted, timely, secure, or error-free.
• The results obtained from using the Website or Services will be accurate or reliable.
• Any errors or defects in the Website or Services will be corrected.
• The Website is free from viruses or other harmful components.

6.1 Food and Allergen Disclaimer

Nutritional and allergen information provided on our Website is for general informational purposes only and is based on standard recipes. Actual nutritional content may vary due to differences in ingredient suppliers, regional variations, preparation techniques, substitutions, and portion sizes. Individuals with food allergies or dietary restrictions should exercise caution and consult directly with our staff before consuming any item. Cabana Taco cannot guarantee that any menu item is free from allergens, including but not limited to nuts, gluten, dairy, eggs, soy, or shellfish, due to possible cross-contamination during preparation.

6.2 Third-Party Links

Our Website may contain links to third-party websites or services that are not owned or controlled by Cabana Taco. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party sites you visit.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL CABANA TACO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, THE AGGREGATE LIABILITY OF CABANA TACO AND ITS AFFILIATES UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO CABANA TACO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CABANA TACO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN FULL. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

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

• Your violation of these Terms or any applicable law or regulation.
• Your use or misuse of the Website or Services.
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights.
• Any content or information you submit, post, or transmit through the Website.
• Your fraudulent, negligent, or willful misconduct.
• Any dispute between you and any third party arising in connection with your use of the Services.

Cabana Taco reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of Cabana Taco.

9. Governing Law and Jurisdiction

These Terms 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 operates, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the applicable jurisdiction for the resolution of any disputes not subject to arbitration under these Terms.

To the extent any federal law applies, including the FTC Act (15 U.S.C. § 45 et seq.) for consumer protection and unfair or deceptive trade practices, such federal law shall govern. For users located in the State of California, additional rights may apply under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and we are committed to honoring those rights as set forth in our Privacy Policy.

Any legal action or proceeding relating to your access to or use of the Website or Services must be commenced within one (1) year after the cause of action arises. Failure to initiate legal proceedings within this period constitutes a waiver of any and all claims.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Cabana Taco at [email protected] to attempt to resolve any dispute informally. We will make good-faith efforts to resolve the matter within thirty (30) days of receipt of your written notice describing the nature of the dispute, your desired resolution, and your contact information. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution as described below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Except for claims that qualify for small claims court, and except as otherwise set forth herein, you and Cabana Taco agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court.

The arbitration will be conducted in English. The arbitrator shall have the authority to award any relief that a court of competent jurisdiction could award. The arbitrator's decision shall be final and binding, and judgment may be entered upon it in any court having jurisdiction. Arbitration fees and costs shall be allocated in accordance with the AAA Consumer Arbitration Rules.

10.3 Class Action Waiver

YOU AND CABANA TACO AGREE THAT EACH PARTY 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 ACTION. 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.

10.4 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, provided such action remains in small claims court and does not seek class or representative relief.

11. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Website or Services. We reserve the right to terminate or suspend your access to the Website or Services, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of any provision of these Terms.
• Engaging in fraudulent, abusive, or unlawful conduct.
• Failure to pay for orders or services rendered.
• Actions that we believe, in our sole discretion, may harm Cabana Taco, its employees, other users, or third parties.
• Any other conduct that we determine, in our sole discretion, to be inappropriate or harmful.

Upon termination:

• Your right to use the Website and Services will immediately cease.
• Any pending or in-progress orders may be canceled at our discretion, subject to applicable refund policies.
• All provisions of these Terms that by their nature should survive termination shall survive, including intellectual property rights provisions, warranty disclaimers, indemnity, and limitations of liability.

You may also terminate your use of the Services at any time by deleting your account (if applicable) and ceasing all use of the Website. Account deletion requests may be submitted via email to [email protected].

12. Changes to Terms

Cabana Taco reserves the right, in its sole discretion, to modify, update, or replace these Terms at any time. We will notify users of any material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by providing additional notice such as a notification on our Website or an email to the address associated with your account.

It is your responsibility to review these Terms periodically for changes. Your continued use of the Website or Services after the posting of revised Terms constitutes your acknowledgment and acceptance of those changes. If you do not agree to the modified Terms, you must immediately cease using our Website and Services.

We may also, in our discretion, provide you with advance notice of significant changes and, where required by law, seek your consent before implementing such changes. However, minor editorial changes, corrections of typographical errors, or modifications that do not materially affect your rights or obligations do not require advance notice.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or through arbitration, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, without affecting the validity and enforceability of the remaining provisions. If such modification is not possible, the invalid, illegal, or unenforceable provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

The failure of Cabana Taco to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any term shall be effective unless made in writing and signed by an authorized representative of Cabana Taco. A waiver of any provision on one occasion shall not be deemed a waiver of any other provision or the same provision on any other occasion.

14. Additional Legal Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices 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 communications, understandings, and agreements, whether written or oral, between the parties regarding the subject matter herein.

14.2 Assignment

You may not assign, delegate, or transfer any of your rights or obligations under these Terms without our prior written consent. Cabana Taco may assign these Terms, in whole or in part, without restriction or notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

14.3 Force Majeure

Cabana Taco shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, governmental actions, labor disputes, power outages, internet service failures, or any other circumstances beyond our reasonable control.

14.4 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective permitted successors and assigns. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature under or by reason of these Terms.

14.5 Accessibility

Cabana Taco is committed to making our Website accessible to users with disabilities in compliance with the Americans with Disabilities Act (ADA) and other applicable accessibility standards. If you encounter any accessibility barriers on our Website, please contact us at [email protected] so that we may address the issue.

15. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters related to food safety, health concerns, or suspected fraud, please clearly indicate the urgency of your matter in your communication.