Terms and Conditions
PLEASE CAREFULLY REVIEW THE TERMS & CONDITIONS OF USE OF THIS SITE.
Tacomania reserve the right to change or modify these Terms or any policy or guideline of the Site, at any time and at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.
Except as expressly indicated otherwise, contents, materials, and other information found on this Site may not be copied, distributed, republished, uploaded, downloaded, posted, or transmitted in any way, without the prior written consent of Tacomania.
COPYRIGHT AND TRADEMARK.
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks, and/or other intellectual properties owned by Tacomania or by other parties that have licensed their material to us. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without Tacomania ’s express written consent. All rights not expressly granted are reserved.
Your use of the contents and materials included on this Site is for informational purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to Tacomania and that in the event of an unauthorized use Tacomania shall be entitled to equitable relief, including without limitation, injunctive relief, and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or equity.
SUBMISSIONS AND USE OF THIS SITE.
You agree not to tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site.
Tacomania do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans, or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Tacomania ’s products or marketing strategies might seem similar to ideas submitted to Tacomania. So, please do not send your unsolicited ideas to Tacomania or anyone at Tacomania.
If, despite our request that you do not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that:
The submission will immediately become the sole and exclusive property of Tacomania without compensation to you or any other person or party;
Tacomania will consider the submission to be non-confidential and non-proprietary;
Tacomania shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission;
Tacomania may use or redistribute the submission or its content for any purpose and in any way it chooses; and
The submission does not contain trade secrets or proprietary information owned by another.
PRODUCT SALES AND AVAILABILITY.
Tacomania reserve the right to discontinue or change the specifications or price of any products or services offered or mentioned on this Site without prior notice and without incurring any obligations.
Tacomania gift cards are subject to certain restrictions. Please refer to the page where those cards may be purchased for specific purposes applicable to Tacomania gift cards.
Some links on this Site will redirect you to sites not under the control of Tacomania. The appearance of a link on this Site does not imply Tacomania ’s support or endorsement, nor is Tacomania responsible for the content found on any linked site. You access linked sites at your own risk.
Except concerning principles of conflicts of laws, any dispute arising from these terms or any other use of this Site shall be resolved by the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.
You agree to indemnify, defend and hold harmless Tacomania, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of this Site, (ii) your violation of these terms, or (iii) your conduct in connection with the Site.
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, Tacomania makes NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
Tacomania does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Tacomania are aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. Any use of information on this Site is at your own risk.
LIMITATION OF LIABILITY.
TACOMANIA WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. TACOMANIA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF TACOMANIA ARE NEGLIGENT OR IF TACOMANIA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL TACOMANIA BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. TACOMANIA TOTAL LIABILITY FOR ANY LOSS, DAMAGES, OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid, or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
Failure or delay by Tacomania to exercise any right, power, privilege, or remedy shall not constitute a waiver thereof. No modification or waiver by Tacomania of any provision shall be deemed to have been made unless made in writing.