Terms of Service

Effective Date: May 28, 2026  |  Last Updated: May 28, 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"), the owner and operator of the website tacocabana.rest (the "Website"). These Terms govern your access to and use of the Website, our online ordering system, mobile applications (if applicable), and all food products and related services offered by Cabana Taco (collectively, the "Services").

By visiting our Website, creating an account, placing an order, subscribing to any promotional communications, or otherwise interacting with our Services, you expressly agree to be bound by these Terms of Service, our Privacy Policy, and any additional guidelines, policies, or rules applicable to specific features of the Services, all of which are incorporated herein by reference.

If you are using our Services on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the references to "you" in these Terms shall refer to both you individually and that entity.

You must be at least 18 years of age to use our Services or place orders through our Website. By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are under 18, you may only use our Services with the direct involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Cabana Taco is a food service business that offers customers a variety of Mexican-inspired food products, including but not limited to tacos, burritos, quesadillas, nachos, beverages, sides, and seasonal or specialty menu items. Our Services include, without limitation:

• Online Ordering: The ability to browse our menu and place food orders directly through our Website for pickup, delivery, or catering purposes.
• Catering Services: Coordinated food services for events, parties, corporate functions, and other gatherings, subject to availability and specific catering agreements.
• Loyalty and Rewards Programs: Optional participation in promotional programs that may offer discounts, rewards points, or exclusive offers to registered customers.
• Informational Content: Menu information, nutritional details, promotional announcements, and other content published on the Website for your reference.
• Customer Support: Assistance provided via email, phone, or online communication channels to help resolve questions, concerns, or issues related to your orders or account.
• Newsletter and Promotional Communications: Optional subscription to marketing emails, text messages, or other communications about our products, promotions, and news.

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

All food products are subject to availability. Menu items, prices, and ingredients may change without prior notice. Cabana Taco makes reasonable efforts to ensure that the menu displayed on the Website is current and accurate, but does not guarantee that all items will be available at all times.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, complete, and current information when creating an account, placing an order, or communicating with us.
• Maintain the confidentiality of your account credentials and be fully responsible for all activities that occur under your account.
• Notify us immediately at [email protected] if you suspect unauthorized use of your account or any other breach of security.
• Use the Website and Services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services.
• Treat our staff, representatives, and other users with respect and professionalism in all communications.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website or Services for any fraudulent, deceptive, or unlawful purpose.
• Attempt to gain unauthorized access to any portion of the Website, our servers, or any systems or networks connected to our Services.
• Use automated tools, bots, scrapers, or similar technologies to access, collect, or harvest data from the Website without our express written permission.
• Post, transmit, or distribute any content that is defamatory, obscene, threatening, harassing, or otherwise objectionable.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Interfere with or disrupt the integrity or performance of the Website, servers, or networks.
• Upload or transmit viruses, malware, or any other malicious code designed to disrupt, damage, or limit the functioning of the Website or associated systems.
• Place fraudulent orders or engage in chargebacks without legitimate cause.
• Abuse, manipulate, or circumvent any loyalty program, coupon, discount, or promotional offer.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or Services without our express written consent.
• Violate any applicable federal, state, or local law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act, or any other applicable statute or regulation.

Violation of these prohibitions may result in immediate termination of your account and access to our Services, and may subject you to civil and/or criminal liability.

4. Account Registration

Certain features of our Services may require you to create an account. When registering, you agree to provide truthful and accurate information and to keep your account information updated. You are solely responsible for maintaining the security and confidentiality of your login credentials. You acknowledge that you are responsible for all activities that occur under your account, whether or not authorized by you.

We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion, without liability or notice to you, particularly if we believe that you have violated these Terms or applicable law.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase food products and/or services subject to these Terms. All orders are subject to acceptance by Cabana Taco. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity. If we cancel your order after payment has been processed, we will issue a full refund to your original payment method.

5.2 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes, delivery fees, service charges, and gratuities (where applicable) will be calculated and displayed at checkout prior to the final confirmation of your order. You agree to pay all charges associated with your order, including any applicable taxes and fees.

5.3 Payment Methods

We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as indicated on our Website at the time of your order. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order. All payment transactions are processed through secure, third-party payment processors. We do not store your full credit card information on our servers.

5.4 Refunds and Cancellations

Refund and cancellation policies are as follows:

• Orders may be cancelled without charge if the cancellation is made within a reasonable time before the order is prepared, as determined at our discretion.
• If a food item is incorrect or does not meet our quality standards, please contact us at [email protected] within 24 hours of receipt, and we will work to resolve the issue, which may include a replacement, store credit, or refund as appropriate.
• Refunds will not be issued for change-of-mind orders once food preparation has commenced.
• Catering deposits and advance payments for special orders may be subject to separate cancellation and refund terms, which will be outlined in the specific catering agreement.

5.5 Promotional Codes and Discounts

Promotional codes, discount vouchers, and loyalty rewards are subject to specific terms and conditions, have no cash value, are non-transferable, and cannot be combined with other offers unless expressly stated. We reserve the right to revoke promotional offers at any time if misuse or abuse is suspected.

6. Allergen and Nutritional Information

Cabana Taco takes food safety seriously and makes reasonable efforts to provide accurate allergen and nutritional information on our Website and in-store. However, our food products are prepared in kitchens that handle a variety of ingredients, including common allergens such as gluten, dairy, eggs, nuts, soy, and shellfish. We cannot guarantee that any menu item is completely free from allergens or cross-contamination.

If you have a food allergy or dietary restriction, it is your responsibility to notify us before placing an order and to exercise appropriate caution. Cabana Taco shall not be liable for any adverse reaction, injury, or illness resulting from consumption of our products by individuals with food allergies or sensitivities who fail to disclose such conditions prior to ordering.

7. Intellectual Property Rights

The Website and all of its content, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall look and feel of the Website ("Content"), are the exclusive property of Cabana Taco or its content suppliers and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

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 consent. All other names, logos, product and service names, designs, and slogans appearing on the 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 our Services. This license does not include the right to:

• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any Content;
• Use any data mining, robots, or similar data gathering and extraction tools;
• Download or copy account information for the benefit of any third party;
• Use any Content for commercial purposes without our express written consent.

Any unauthorized use terminates the license granted by Cabana Taco and may violate copyright, trademark, and other applicable laws. All rights not expressly granted herein are reserved by Cabana Taco.

8. User-Generated Content

If you submit, post, or otherwise make available any reviews, comments, feedback, suggestions, photos, or other content ("User Content") through our Website or social media channels, you grant Cabana Taco a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

You represent and warrant that you own or have the necessary rights to submit such User Content, and that the User Content does not violate the rights of any third party or any applicable law. We reserve the right to remove any User Content at our sole discretion without notice.

9. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services, including delivery platforms, social media networks, and payment processors. These links are provided for your convenience only. We have no control over the content, policies, or practices of third-party sites and do not endorse or assume responsibility for any third-party content, products, or services. Your use of third-party websites is subject to their respective terms of service and privacy policies. We encourage you to review those policies before providing any personal information to third parties.

10. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES PROVIDED BY CABANA TACO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

CABANA TACO DOES NOT WARRANT THAT:

• THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CABANA TACO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES;
• ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES;
• ANY FOOD-RELATED ILLNESS, INJURY, OR ADVERSE REACTION THAT DOES NOT RESULT FROM OUR DIRECT NEGLIGENCE.

IN NO CASE SHALL CABANA TACO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO CABANA TACO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CABANA TACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless Cabana Taco and its respective officers, directors, employees, agents, shareholders, licensors, service providers, contractors, successors, and assigns (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 of Service;
• Your use of or access to the Website or Services;
• Your violation of any third-party right, including any intellectual property, privacy, or other proprietary right;
• Your violation of any applicable federal, state, or local law or regulation;
• Any User Content you submit, post, or transmit through the Website;
• Your negligent or wrongful conduct.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

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 regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction within the United States, and you hereby consent to the personal jurisdiction and venue of such courts.

Notwithstanding the foregoing, Cabana Taco reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or other proprietary rights.

Our Services are operated from within the United States. We make no representation that the Services are appropriate or available for use in locations outside the United States. If you access the Services from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the Services informally by contacting us at [email protected]. You and Cabana Taco agree to negotiate in good faith to resolve the dispute. If the dispute is not resolved within thirty (30) days of informal notice, either party may proceed to formal dispute resolution as set forth below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except as otherwise provided herein, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services, including the validity, enforceability, or scope of this arbitration provision, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The arbitration shall be conducted in the English language and shall take place in the United States. The arbitrator's decision shall be final, binding, and non-appealable, except as permitted by applicable federal law.

14.3 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

14.4 Exceptions

Notwithstanding the agreement to arbitrate, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, including unauthorized use of intellectual property or data breaches, pending arbitration.

15. Consumer Protection Compliance

Cabana Taco operates in compliance with applicable United States consumer protection laws, including:

• Federal Trade Commission Act (15 U.S.C. § 45): We do not engage in unfair or deceptive acts or practices in or affecting commerce.
• CAN-SPAM Act: All commercial email communications comply with applicable requirements, including clear identification and opt-out mechanisms.
• Americans with Disabilities Act (ADA): We strive to make our Website accessible to individuals with disabilities.
• California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA): If you are a California resident, you have specific rights regarding your personal information. Please refer to our Privacy Policy for full details.

16. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use or access our Website or Services. We reserve the right, in our sole discretion and without liability, to:

• Terminate or suspend your account or access to the Services at any time, with or without cause and with or without notice;
• Refuse service to any person for any reason at any time;
• Discontinue, modify, or suspend all or any part of the Services at any time.

Upon termination of your account or access to the Services, all provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, disclaimers of warranties, limitations of liability, indemnification obligations, and dispute resolution provisions.

You may terminate your use of the Services at any time by ceasing to use the Website and, if applicable, requesting deletion of your account by contacting us at [email protected].

17. Changes to Terms of Service

Cabana Taco reserves the right, at its sole discretion, to modify, update, or replace these Terms of Service at any time. When we make material changes to these Terms, we will provide notice by updating the "Last Updated" date at the top of this page, posting a prominent notice on our Website, and/or sending an email notification to registered users where required by law.

Your continued use of the Website or Services after any such modification constitutes your acceptance of the new Terms of Service. If you do not agree to the modified Terms, you must stop using the Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

18. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms, and the remaining provisions of these Terms shall continue in full force and effect.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision. The failure of Cabana Taco to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us 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 agreements, representations, warranties, and understandings, whether written or oral, with respect to such subject matter.

No waiver by Cabana Taco of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. Section headings used in these Terms are for convenience only and shall not affect the interpretation of any provision.

20. Force Majeure

Cabana Taco shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, government actions or orders, war, terrorism, civil unrest, fire, flood, power outages, internet or telecommunications failures, labor disputes, or supply chain disruptions. In the event of such a force majeure event, we will make reasonable efforts to notify affected customers and resume normal operations as quickly as practicable.

21. No Agency Relationship

Nothing in these Terms of Service shall be construed to create a partnership, joint venture, employment relationship, franchise, or agency relationship between you and Cabana Taco. You do not have the authority to bind Cabana Taco in any manner.

22. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms of Service without the prior written consent of Cabana Taco. Any attempted assignment in violation of this provision shall be null and void. Cabana Taco may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of its assets.

23. Contact Information

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