Go Back

legal

  • Legal

POLLO TROPICAL TERMS OF USE

Welcome to the Pollo Operations, Inc. (“Pollo Tropical “) website. Your use and access of this website and, as applicable, the websites of our affiliates, subsidiaries, and related entities such as Taco Cabana, Inc., Fiesta Restaurant Inc., Texas Taco Cabana, L.P., and Cabana Grill, Inc. (“Affiliates”), (Pollo Tropical and its Affiliates are referred to as “we”, “us”, or “our”), along with all content, data, and information contained in the websites or mobile applications or communications from us (collectively, our “Sites”), is governed by these terms and conditions (“Terms of Use”). By choosing to use our Sites, you agree to these Terms of Use. If you do not agree or fully understand these Terms of Use, you should not use our Sites. Your use and browsing of our Sites is at your risk. If you are dissatisfied, your sole and exclusive remedy is to discontinue accessing and using our Sites.

Special Assistance

Special assistance is available for persons with disabilities. If you need assistance with our Sites or with placing an online order, please call us toll free at 866-769-7696

Disclaimer – No Warranties

OUR SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AS TO THE OPERATION OF OUR SITES OR THE INFORMATION INCLUDED ON OUR SITES, INCLUDING THAT THEY WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION OR FREEDOM FROM COMPUTER VIRUS, OR QUIET ENJOYMENT. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE.

Limitation of Liability

We will not be liable for any damages or injury including but not limited to any damages or injury caused by any failure of performance, error, omission, delay in operation of transmission, computer virus, or online failure. We will not be liable for any damages or injury including but not limited to special or consequential damages that result from the use of or the inability to use our Sites. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Our total liability to you (for all losses, damages, and causes of action, or otherwise) will not be greater than the amount you paid to access our Sites or one hundred dollars ($100.00), whichever is greater. We do not warrant or make any representations regarding the use of the material contained on our Sites in terms of correctness, accuracy, reliability, or otherwise. We assume no responsibility and shall not be liable for any damages to, or viruses that may infect computer equipment or other property due to your access, browsing on, or use of our Sites or downloading of any materials, data, text, images, video, or audio from our Sites. Our Site may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time.

Restrictions on Use and Conduct

Materials from our Sites may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. Unless otherwise specified, all materials on our Sites are made available only to provide information and are for personal and non-commercial use. Modification or use of the materials on our Sites for any other purpose except as expressly provided violates intellectual property rights. You agree not to: use or access our Sites for any purpose that is unlawful or prohibited by these Terms of Use; use or access our Sites in a manner that could damage, disable, overburden, or impair our servers or the networks connected to our servers; interfere with any third party’s use and enjoyment of our Sites; or attempt to gain unauthorized access to accounts, computer systems or networks connected to any of our servers through hacking, password mining, or any other means. In some cases, our Sites allow adults to make online purchases. If you under the age of 18, you may need the involvement of a parent or guardian to use our Sites. We reserve the right to refuse service or cancel orders in our sole discretion. If we believe that a violation of these Terms of Use has occurred, we may edit, modify, or delete any Submission, terminate accounts or take other corrective action. We will fully cooperate with any law enforcement authorities or court order related to Submissions that violate applicable law or these Terms of Use and you waive and hold us harmless for any such cooperation.

Intellectual Property Information

All trademarks, logos, trade names, and service marks displayed on our Sites are our registered or unregistered trademarks, or those of third parties who have authorized their use (the “Marks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way. The use of our Marks on any other website is strictly prohibited. All of the materials contained on our Sites are copyrighted except where explicitly noted otherwise. The absence of a trademark, trade name or service mark does not constitute a waiver of our intellectual property rights concerning the trademark, trade name, or service mark. We will aggressively enforce our intellectual property rights to the fullest extent of the law including criminal prosecution. We do not warrant or represent that your use of materials displayed on our Sites will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on our Sites is at your own risk. All other trademarks used on our Sites are the property of the respective trademark owners and used with their permission.

Indemnification

By using our Sites, you accept all responsibility for, and hereby agree to indemnify and hold harmless Pollo Operations Inc. and each of its related entities, and its and their respective owners, officers, directors, employees, shareholders, contractors, agents, successors, and assigns from and against any claims, damages, costs, and expenses, including attorneys’ fees and costs, that may arise from or relate to your breach of any of these Terms of Use or to any actions taken by you in connection with our Sites, including but not limited to any Submissions.

Governing Law and Commencement of Actions

These Terms of Use and our Privacy Policy shall be governed and interpreted pursuant to the laws of the State of Texas, United States, notwithstanding any conflict of law principles. YOU AGREE THAT JURISDICTION OVER AND VENUE FOR ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OUR PRIVACY POLICY, OUR SITES, OR THE USE OR ACCESS THEREOF WILL BE IN THE STATE OR FEDERAL COURTS LOCATED IN DALLAS COUNTY, TEXAS. Any claim you may have related to these Terms of Use, our Privacy Policy, our Sites, or the use or access thereof must be commenced within one (1) year after the claim or cause of action arose.

Submissions

Except for Personal Information that we collect from you in accordance with the terms of our Privacy Policy, we are free to use any comments, information, ideas, concepts, graphics, photographs, music, artwork, copy, suggestions, know-how, or techniques contained in any communication that you may send to us through our Sites or related to promotions or sweepstakes, or otherwise (together, the “Submissions”), except employment applications. We will not treat any Submissions as confidential or proprietary (unless required by law or if we agreed to treat it as confidential in other documentation). By providing Submissions to us, you expressly grant us an unrestricted, irrevocable, perpetual, assignable, worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submissions along with your name, photograph, voice, likeness and other information, ideas, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You acknowledge that you are responsible for your Submissions, and you, not us have the full responsibility for ensuring that your Submissions comply with these Terms of Use and all applicable laws. You may not include any content that is the property of another unless you have express, written permission to do so.

Violations of these Terms of Use

You agree that we may, in our sole discretion and without prior notice, block or terminate your access to our Sites if we determine that you have violated these Terms of Use. You also agree that any violation or threatened violation by you of these Terms of Use constitutes unlawful and unfair business practice and will cause us irreparable and unquantifiable harm for which monetary damages would be inadequate. You therefore consent to our obtaining injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If we take legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to us. We will not be liable to you or to any third party for termination of your access to our Sites.

International Users

We maintain our Sites from our corporate offices in State of Texas and we make no representation that these materials are appropriate or available for use in other locations. If you access our Sites from locations outside of the United States of America, you are responsible for compliance with applicable local laws. The information on our Sites is intended only for use and access by persons residing in the United States and its territories. You may not use our Sites in violation of U.S. export laws and regulations.

Employment

We are an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.

Linked Sites

Our Sites and communications may contain links to other third-party websites (“Linked Site”). We are not responsible for the privacy practices, policies, or content of any Linked Sites, even if you link to them from our Sites or communications. These Terms of Use do not apply to any Linked Sites. We have no control over any Linked Site and we do not endorse any Linked Site. We encourage you to read and understand the terms and conditions of use of any Linked Sites that you visit.

Modifications to these Terms of Use

These Terms of Use may be updated periodically and without prior notice to you. Your continued use of our Sites following any such changes constitute your unconditional agreement to be bound by these Terms of Use. You are responsible for reviewing these Terms of Use each time you use or access our Sites.

Privacy Policy

Our Privacy Policy applies to use of our Sites, and it is made a part of these Terms of Use by this reference. By accessing our Sites, you indicate your acceptance of our Privacy Policy.

Entire Agreement, Severability, and Assignment

These Terms of Use along with the Privacy Policy and any additional terms of use governing particular offers, events, or promotions, as each is currently posted on our Sites, are the entire agreement between the parties relating to use of our Sites and supersede all prior agreements.

Neither these Terms of Use nor any features or services of our Sites create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use may not be modified except in writing, signed by both parties. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. Neither course of conduct nor trade practice shall modify these Terms of Use. We may assign our rights and duties hereunder to any party at any time without any notice to you. These Terms of Use may not be assigned by you without our prior written consent.

Contact Us

If you have any questions about these Terms of Use, please contact us by e-mail at contact@frgi.com. If you believe that our Sites contain materials that infringe a copyright or other proprietary right, please notify us immediately.

Effective Date

January 1, 2016

Top