Terms of Service

Effective Date: May 20, 2026  |  Last Updated: May 20, 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 cabana-taco.rest (the "Website") and all related services, features, content, and functionality offered by Cabana Taco (collectively, the "Services").

By accessing our Website, placing an order, making a reservation, signing up for a loyalty program, subscribing to our newsletter, or otherwise interacting with our Services, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you are accessing or using the Services on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in that case, "you" and "your" shall refer to that entity.

These Terms apply to all visitors, users, customers, and any other persons who access or use the Services, regardless of whether they have created an account with us. Your continued use of the Website or Services after any modifications to these Terms constitutes your acceptance of such changes.

2. Description of Services

Cabana Taco is a food service business operating within the United States. Our Services include, but are not limited to, the following:

• Restaurant Services: We provide dine-in, takeout, and catering food and beverage services, including Mexican-inspired cuisine, tacos, and related food offerings.
• Online Ordering: Through our Website, customers may browse our menu, place food orders for pickup or delivery, and make payments online.
• Catering and Special Events: We offer catering packages and event services for private, corporate, and social gatherings.
• Reservations: Customers may use our Website to book reservations for in-person dining experiences.
• Loyalty and Rewards Programs: We may offer loyalty programs, promotions, discount codes, and special offers to registered users and repeat customers.
• Informational Content: Our Website provides menu information, nutritional details (where available), hours of operation, location information, and other content related to our food services.
• Newsletter and Communications: Users may subscribe to receive updates, promotions, and news from Cabana Taco via email or other communication channels.

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

Cabana Taco does not guarantee that the Services will be available at all times or that menu items will always be in stock or available for order. We may limit quantities, restrict availability of certain items, or impose geographic restrictions on delivery services at our sole discretion.

3. Eligibility and User Obligations

3.1 Eligibility

To use our Services, you must be at least thirteen (13) years of age. If you are under the age of eighteen (18), you must have the consent of a parent or legal guardian to use our Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

You must also be a resident of the United States or accessing the Services from within the United States to place orders, make reservations, or otherwise engage in transactions with Cabana Taco.

3.2 Account Registration

Certain features of our Services may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, complete, and current information.
• Maintain and promptly update your account information to keep it accurate and current.
• Maintain the security and confidentiality of your password and account credentials.
• Notify us immediately of any unauthorized use of your account at [email protected].
• Accept responsibility for all activities that occur under your account.

We reserve the right to terminate accounts, remove or edit content, and cancel orders at our discretion, including if we believe that account information provided is inaccurate, incomplete, or fraudulent.

3.3 User Conduct Obligations

As a user of our Services, you agree to use the Website and Services only for lawful purposes and in a manner that does not infringe upon the rights of others. You agree to comply with all applicable local, state, federal, and international laws and regulations.

4. Prohibited Activities

You agree not to engage in any of the following prohibited activities when using our Website or Services:

• Fraudulent Conduct: Providing false information, impersonating any person or entity, or misrepresenting your affiliation with any person or organization.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, other accounts, or computer systems or networks connected to the Website through hacking, password mining, or any other means.
• Malicious Activity: Uploading, transmitting, or distributing any viruses, malware, spyware, or any other malicious code intended to damage or interfere with the Website or Services.
• Scraping and Data Mining: Using any automated means, including robots, spiders, scrapers, or data mining tools, to collect information from our Website without our prior written consent.
• Spam and Unsolicited Communications: Sending unsolicited commercial messages, spam, or any other form of unauthorized advertising or promotional material through our Services.
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of our Website or any underlying software.
• Intellectual Property Infringement: Reproducing, distributing, modifying, creating derivative works of, publicly displaying, or otherwise exploiting any content on our Website without our prior written consent.
• Order Manipulation: Placing fraudulent orders, chargebacks without valid basis, or exploiting promotions or discount codes in bad faith or in ways not intended by Cabana Taco.
• Interference: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure or that interferes with the proper functioning of the Website.
• Harassment: Engaging in any behavior that harasses, threatens, intimidates, or abuses any other user, customer, employee, or representative of Cabana Taco.
• Illegal Activity: Using our Services for any illegal purpose or in violation of any applicable federal, state, or local law or regulation, including but not limited to consumer protection laws, privacy laws, and food safety regulations.

Violation of any of the above prohibited activities may result in the immediate suspension or termination of your access to the Services and may subject you to civil or criminal liability.

5. Ordering, Payment Terms, and Cancellations

5.1 Online Orders

When you place an order through our Website, you represent that you are authorized to use the payment method provided and that the billing information you submit is accurate. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion, including if we suspect fraudulent activity or if the item is no longer available.

5.2 Prices and Taxes

All prices listed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales tax, delivery fees, or service charges, which will be calculated and displayed at checkout. You are responsible for paying all applicable taxes and fees associated with your order.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By providing your payment information, you authorize us to charge the full amount of your order, including any applicable taxes and fees, to your designated payment method.

5.4 Refunds and Cancellations

Orders may be cancelled prior to preparation. Once an order has entered the preparation stage, cancellations may not be accepted. Refunds for valid cancellations or errors will be processed to the original payment method within seven (7) to ten (10) business days. Please contact us at [email protected] if you experience issues with your order.

5.5 Promotional Codes and Discounts

Promotional codes and discount offers are subject to specific terms and expiration dates and may not be combined with other offers unless explicitly stated. We reserve the right to cancel or modify promotions at any time and to refuse or revoke any promotion if we determine it is being abused or used fraudulently.

6. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, photographs, menu designs, audio clips, video clips, digital downloads, data compilations, and software, is the property of Cabana Taco or its content suppliers and is protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and applicable trademark laws.

The "Cabana Taco" name, logo, and all related marks, trade names, and trade dress are trademarks or registered trademarks of Cabana Taco. You may not use any of our trademarks without our prior written permission.

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

• Any resale or commercial use of the Website or its contents.
• Any collection and use of product listings, descriptions, or prices for competitive purposes.
• Any derivative use of the Website or its contents.
• Any downloading or copying of account information for the benefit of any third party.
• Any use of data mining, robots, or similar data gathering and extraction tools.

If you believe that any content on our Website infringes upon your copyright, please contact us at [email protected] with a detailed description of the alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

7. Food Allergen and Dietary Information Disclaimer

Cabana Taco makes reasonable efforts to provide accurate information regarding ingredients, allergens, and nutritional content for our menu items. However, we cannot guarantee that our food is free from any specific allergen, as our kitchen prepares items that may contain common allergens including, but not limited to, wheat, dairy, eggs, soy, nuts, shellfish, and gluten.

Menu items and ingredients are subject to change without notice. We encourage customers to inquire about current ingredients and allergen information directly with our staff at the time of ordering.

8. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER 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, AND NON-INFRINGEMENT.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCT SOLD OR PROVIDED THROUGH OUR SERVICES.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, the warranty is limited to the maximum extent permitted by applicable law.

We do not warrant or represent that information on our Website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING STANDARDS ESTABLISHED BY THE FEDERAL TRADE COMMISSION (FTC) ACT (15 U.S.C. § 41 ET SEQ.), CABANA TACO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

IN NO EVENT SHALL CABANA TACO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CABANA TACO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

These limitations apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. This limitation of liability reflects the allocation of risk between the parties and forms an essential basis of the bargain between the parties.

10. Indemnification

You agree to defend, indemnify, and hold harmless Cabana Taco and its officers, directors, employees, agents, licensors, suppliers, and partners (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to the Website or Services.
• Your violation of any provision of these Terms.
• Your violation of any applicable federal, state, or local law or regulation.
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or contractual rights.
• Any content you submit, post, or transmit through our Services.
• Your negligence or willful misconduct.
• Any claim that your use of our Services caused damage to a third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with our defense of such claims. You shall not settle any claim without our prior written consent.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or platforms, including delivery service providers, payment processors, and social media platforms. These links are provided for your convenience only and do not constitute an endorsement or approval of such third parties or their content, products, or services.

Cabana Taco has no control over and assumes no responsibility for the content, privacy policies, practices, or operations of any third-party websites or services. We encourage you to read the terms of service and privacy policies of any third-party sites you visit. Your interactions with third-party services are solely between you and such third parties.

12. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share your personal information in compliance with applicable United States federal and state privacy laws.

To the extent you are a California resident, your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are described in detail in our Privacy Policy. These rights include the right to know what personal information we collect, the right to delete personal information, and the right to opt out of the sale or sharing of personal information.

We implement reasonable technical and organizational measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of internet transmission or electronic storage is completely secure, and we cannot guarantee absolute security.

13. 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 applicable state law, without regard to any conflict of law principles that would require the application of the laws of a different jurisdiction.

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in the United States. You hereby irrevocably consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue in such courts.

Nothing in this section shall limit Cabana Taco's 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 our intellectual property rights or other proprietary rights.

These Terms are also subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce. Nothing in these Terms shall limit any rights you may have under applicable federal consumer protection laws.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally by contacting Cabana Taco at [email protected]. We will make good-faith efforts to resolve any dispute within thirty (30) days of receiving your written notice describing the nature of the dispute and the relief sought.

14.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal means within thirty (30) days, either party may elect to resolve the dispute through binding arbitration. Any such arbitration shall be conducted on an individual basis and not as a class, collective, or representative action. The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

14.4 Exceptions

Notwithstanding the arbitration agreement, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent imminent harm, and either party may bring claims in small claims court if the claim qualifies under applicable rules of such court.

15. 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, in our sole and absolute discretion, to:

• Suspend or terminate your access to the Services at any time, with or without cause, and with or without notice.
• Disable your account if we reasonably believe you have violated these Terms or applicable law.
• Refuse service to any person for any lawful reason at our discretion.
• Discontinue all or any portion of the Services at any time.

You may terminate your use of the Services at any time by ceasing all use of the Website and, if applicable, by deleting your account. Upon termination for any reason, all rights and licenses granted to you under these Terms will immediately terminate.

The following sections of these Terms shall survive termination: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

16. Changes to Terms

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

• Posting the revised Terms on our Website with an updated "Last Updated" date.
• Sending an email notification to registered users at the email address associated with your account.
• Displaying a prominent notice on our Website homepage.

Your continued use of the Website or Services after the effective date of any revised Terms constitutes your acceptance of such revised Terms. If you do not agree to the revised Terms, you must stop using the Website and Services immediately.

We encourage you to review these Terms periodically to stay informed about your rights and obligations. The most current version of these Terms will always be available at cabana-taco.rest.

17. Force Majeure

Cabana Taco shall not be liable for any failure or delay in the performance of our obligations under these Terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, governmental actions, war, terrorism, civil unrest, labor disputes, power failures, internet disruptions, supply chain disruptions, or any other events constituting force majeure.

In such events, we will make reasonable efforts to resume normal operations as soon as practicable and will communicate any significant service disruptions to our customers through our Website or email notifications.

18. Severability

If any provision, clause, or portion of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, consistent with the intent of the original provision. If such modification is not possible, the invalid, illegal, or unenforceable provision shall be deemed severed from these Terms.

The severability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect. The parties agree that any such invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision.

19. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines published by Cabana Taco on the Website, constitute the entire agreement between you and Cabana Taco regarding your use of the Services and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, relating to the subject matter herein.

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 breach or default under these Terms shall be deemed a waiver of any subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of Cabana Taco to be effective.

20. Notices

All notices and communications required or permitted under these Terms shall be in writing and shall be delivered by email, first-class mail, or overnight courier. Notices to Cabana Taco shall be sent to the contact information provided in the Contact Information section below. Notices to you will be sent to the email address or physical address provided in your account or communicated to us in connection with your use of the Services.

Notices sent by email shall be deemed received upon confirmation of delivery. Notices sent by mail shall be deemed received three (3) business days after mailing. Electronic notices via our Website shall be deemed received upon posting.

21. Accessibility

Cabana Taco is committed to ensuring that our Website and Services are accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and applicable provisions of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you encounter any accessibility barriers on our Website, please contact us at [email protected] so we may assist you and address any issues.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to exercise any rights granted to you under these Terms, please contact Cabana Taco using the following information: