Effective Date:  June 17, 2020.

By using the Mariscos Casa Del Pollo U.S. Site(s) and/or App(s), or other Service (each as defined below in our Terms of Use), as applicable, you are agreeing to be bound by the following Terms and Conditions.

Welcome!  You have arrived at our U.S web site located at www.MariscosCasaDelPollo.com,  and/or are otherwise interacting with our Service (defined below), which is owned and operated by Mariscos Casa Del Pollo or our affiliates (collectively, “Mariscos Casa Del Pollo” “we,” “our,” or “us”).  These Terms govern your use of any online service location (e.g., website or mobile app) that posts a link to these Terms (each a “Site” except when we refer only to our mobile apps, in which case an “App”) (including both mobile and online versions).  It also applies to your use of all features, widgets, plugins, applications, content, downloads and/or other services that (i) we own and control and make available through a Site, and/or (ii) that post or link to these Terms (collectively, with the Sites and Apps, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise.  Our Services are intended for use by U.S. residents.

By using the Service, you acknowledge and accept the Service’s Privacy Notice available at www.MariscosCasaDelPollo.com and, subject to special rights for the Service set forth herein, consent to the collection and use of your data in accordance with the Privacy Notice and further agree that Mariscos Casa Del Pollo may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Service.

In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”), including without limitation the use of  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. 

Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any applicable Additional Terms then posted (subject to Section IV (Standard Terms), Subsection A below.  Therefore, do not use the Service if you do not agree.  The business realities associated with operating the Service are such that, without the conditions that are set forth in these Terms (subject to applicable law) – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes (and class action and jury waiver) – we would not make the Service available to you.

Click on one of the links below to jump to the listed section:1 RIGHTS AND RESPONSIBILITIES TERMS 1.1 A. SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS 1.2 B. CONTENT YOU SUBMIT1.3 C. SERVICE AND CONTENT USE RESTRICTIONS1.4 D. LINKS BY YOU TO THE SERVICE1.5 E. INDEMNITY1.6 F. CALIFORNIA CONSUMER RIGHTS AND NOTICES2 II. ACCOUNTS AND FEATURES TERMS2.1 A. ACCOUNTS2.2 B. THIRD PARTY SERVICES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES2.3 C. WIRELESS, MESSAGING AND LOCATION-BASED FEATURES2.4 D. DEVICES AND CONNECTIVITY2.5 E. NOTICES, QUESTIONS AND CUSTOMER SERVICE3 III. INFRINGEMENT AND DISPUTES TERMS3.1 A. PROCEDURE FOR ALLEGED COPYRIGHT INFRINGEMENT3.2 B. APPLICABLE LAW3.3 C. DISPUTE RESOLUTION3.4 D. DISPUTE RESOLUTION WHERE ARBITRATION IS NOT AVAILABLE3.5 E. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS3.6 F. LIMITATIONS OF LIABILITY3.7 G. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF4 IV. STANDARD TERMS AND CONDITIONS4.1 A. UPDATES TO TERMS4.2 B. Accuracy, Completeness and Timeliness of Information on the Service4.3 C. Mariscos Casa Del Pollo’S CONSENT OR APPROVAL4.4 D. EXPORT CONTROLS4.5 E. SEVERABILITY; INTERPRETATION4.6 F. ELECTRONIC COMMUNICATIONS AND CONTRACTING4.7 G. INVESTIGATIONS; COOPERATION WITH THE LAW; TERMINATION; SURVIVAL4.8 H. ASSIGNMENT4.9 I. TERMS FOR APPLE USERS4.10 J. ENTIRE AGREEMENT; ADMISSIBILITY; NO WAIVER5 Mariscos Casa Del Pollo Guest Wi-Fi Terms

RIGHTS AND RESPONSIBILITIES TERMS 

A. SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS 

1. Limited Usage License.

All content on the Service (including, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) (“ Content”), is the exclusive property of and owned by Mariscos Casa Del Pollo, its licensors or its content providers and is protected by copyright, trademark and other applicable laws.  Subject to your strict compliance with these Terms and the Additional Terms, Mariscos Casa Del Pollo grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download and copy (temporary storage only), display, view, use, and play the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “ Device”), and/or print one copy of the Content (excluding source and object code in raw form or otherwise ) as it is displayed to you, in each case for your personal, non-commercial use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print.  Any other use of Content on the Service, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Service, or use of the Service for purposes competitive to Mariscos Casa Del Pollo, is expressly prohibited without the prior written consent of Mariscos Casa Del Pollo.  You agree to abide by all additional restrictions displayed on the Service as it may be updated from time to time.  Mariscos Casa Del Pollo does not have a confidential, fiduciary, or any other special relationship by virtue of your use of the Service or your communications to us through or related to the Service.  Mariscos Casa Del Pollo, or its licensors or content providers, retain full and complete title to the material provided on the Service, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Mariscos Casa Del Pollo’s sole discretion.  Mariscos Casa Del Pollo neither warrants nor represents that your use of materials on the Service will not infringe rights of third parties not affiliated with Mariscos Casa Del Pollo.

2. Our Trademarks and Copyrights.

You or third parties acting on your behalf are not allowed to use our name, logo and proprietary marks (“Trademarks”) in a manner that dilutes or disparages them, suggests an endorsement or makes a trademark use of them.  You may not use frames or utilize framing techniques or technology to enclose any Content included on the Service without Mariscos Casa Del Pollo’s express written consent.  Further, you may not utilize any of our Trademarks or Content in any meta tags or any other “hidden text” techniques or technologies without Mariscos Casa Del Pollo’s express written consent.  The Service and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.  Any unauthorized use of any Content or the Service for any purpose is prohibited.

3. Rights of Others.

In using the Service, you must respect the intellectual property and other rights of Mariscos Casa Del Pollo and others.  Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.  Mariscos Casa Del Pollo respects the intellectual property rights of others.  If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section III (Infringement/Disputes), Subsection A below.

4. Reservation of All Rights Not Granted as to Content and Service.

Trademarks, logos and service marks displayed on the Service are registered and unregistered trademarks of Mariscos Casa Del Pollo, its licensors, or suppliers, other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Service without the owner’s prior written permission, except as otherwise described herein. All rights not expressly granted to you are reserved by Mariscos Casa Del Pollo and its licensors and other third parties. 

B. CONTENT YOU SUBMIT

Mariscos Casa Del Pollo may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a Mariscos Casa Del Pollo sweepstakes or contest, or by mail) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding and Content or other Mariscos Casa Del Pollo materials included therein, “User-Generated Content”).  You acknowledge that you are responsible for any User-Generated Content you may submit, including the legality, reliability, appropriateness, originality and copyright of any such material.  You may not submit any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, advertising or promotion of your or third parties’ products or services, or any form of “spam.”  You may not submit a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.  You may not submit commercial content. 

If you do submit User-Generated Content, and unless we indicate otherwise, you continue to own your User-Generated Content, but to the extent permitted by applicable law you grant Mariscos Casa Del Pollo an unrestricted, non exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media, and by all manners, now and hereafter known or devised, whether in connection with the particular promotion, if any, for which the User-Generated Content was submitted or otherwise.  Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services.  You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so.  In order to further effect the rights and license that you grant to Mariscos Casa Del Pollo to your User-Generated Content, to the extent permitted by applicable law, you also hereby grant to Mariscos Casa Del Pollo, and agree to grant to Mariscos Casa Del Pollo, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you.  Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section I (Rights/Responsibilities), Subsection B.

Without limiting the above grant of rights, you further acknowledge and agree that Mariscos Casa Del Pollo is free to use any ideas, concepts, know-how that you or individuals acting on your behalf submit to Mariscos Casa Del Pollo without any obligation to you or others (including compensation or attribution).  Except as otherwise described in the Service’s Privacy Notice posted at www.MariscosCasaDelPollo.com, or any Additional Terms, you agree that your User-Generated Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned.  You represent and warrant that you own or otherwise control all the rights to the content you submit; that you have permission from all individuals who appear or who are mentioned in the content you submit or participated in the creation of the submission; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify and hold Mariscos Casa Del Pollo harmless for all claims resulting from content you supply.  Upon Mariscos Casa Del Pollo’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any applicable Additional Terms.

Mariscos Casa Del Pollo may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and we may, in our sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner.  Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.  Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display.  See the Privacy Notice available at www.MariscosCasaDelPollo.com. for more information. 

C. SERVICE AND CONTENT USE RESTRICTIONS

1. Service Use Restrictions.

You agree that you will not: (i) aside from your purchase of goods or services offered for sale by Mariscos Casa Del Pollo, use the Service for any political or commercial purpose (including, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use contact information provided on the Service for unauthorized purposes, including marketing; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, discriminatory, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Mariscos Casa Del Pollo; (iv) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service or alter transmission data; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Mariscos Casa Del Pollo, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such users in compliance with applicable laws); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; (ix) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or provide false or misleading representations in the sender information, subject line, locator, or content of any electronic message for the purpose of misleading others; or (x) otherwise violate these Terms or any applicable Additional Terms or applicable law. 

2. Content Use Restrictions.

You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not use the Content or Service in a manner that is competitive with or harmful to Mariscos Casa Del Pollo; (iii) will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (iv) will not use such Content in a manner that suggests an unauthorized association with any of our, or our licensors’, products, services, or brands; (v) will not make any modifications to such Content (other than to the extent expressly permitted by Additional Terms, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Mariscos Casa Del Pollo, or, in the case of Content from a licensor, the owner of the Content; and (vii) will not insert any code or product to manipulate such Content in any way that adversely affects any user experience. 

3. Availability of Service and Content.

As permitted by applicable law, Mariscos Casa Del Pollo may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Mariscos Casa Del Pollo’s sole discretion, and without advance notice or liability.

D. LINKS BY YOU TO THE SERVICE

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Mariscos Casa Del Pollo or cause any other confusion, and (c) the links and the content on your website do not portray Mariscos Casa Del Pollo or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Mariscos Casa Del Pollo.  Mariscos Casa Del Pollo reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party. 

E. INDEMNITY

You agree to, and you hereby, defend, indemnify, and hold Mariscos Casa Del Pollo and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Mariscos Casa Del Pollo Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorney’s fees) that directly or indirectly arise from or are related to any claim, suit, action, demand or proceeding made or brought against any Mariscos Casa Del Pollo Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your (or anyone acting under your user name and password) use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriate any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Mariscos Casa Del Pollo Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”).  You will cooperate as fully required by Mariscos Casa Del Pollo Parties in the defense of any Claim and Losses.  Notwithstanding the foregoing, Mariscos Casa Del Pollo Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses.  Mariscos Casa Del Pollo Parties reserve the right to assume the exclusive defense and control of any Claims and Losses.  You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Mariscos Casa Del Pollo.  This Section E is not intended to limit any right you may have (if any) under applicable law, subject to the remainder of these Terms and any applicable Additional Terms, to seek to recover direct damages to you, including for personal injury arising out of product liability, to the extent caused by us.

F. CALIFORNIA CONSUMER RIGHTS AND NOTICES

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.  Their website is located at: HTTP://WWW.DCA.CA.GOV.

California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act in our Privacy Notice posted at www.MariscosCasaDelPollo.com.

Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us at the e-mail address set forth in Section II (Accounts/Features), Subsection G below.

II. ACCOUNTS AND FEATURES TERMS

A. ACCOUNTS

In order to access or use some (or potentially all) of the features on the Service, you may first be required to register an account.  By registering at and in consideration of your use of the Service you agree to provide true, accurate, current and complete information about yourself.  The Service’s practices governing any resulting collection use, disclosure and management of your personal information are disclosed in its Privacy Notice posted at www.MariscosCasaDelPollo.com. If you are under the age of thirteen (13), then you are not permitted to register as a user or otherwise use the Service or submit personal information to us.

Some features on the Service may require use of a password.  If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may provide you a randomly generated initial password) and you agree that: (i) you will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive;  we may reject the use of any password, username, or email address for any other reason in our sole discretion; (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it including on your profile page, continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) you will not sell, transfer, or assign your account or any account rights. 

If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Mariscos Casa Del Pollo immediately as set forth in Section II (Accounts/Features), Subsection G below.  You agree that you are solely responsible for any activity that occurs under your account.  While we try to address actual and suspected account fraud, we undertake no responsibility for any loss that you may incur as a result of someone else using your account, either with or without your knowledge and regardless of Mariscos Casa Del Pollo’s knowledge or suspicion.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. 

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any applicable Additional Terms, or any applicable law, then we may suspend or terminate your account.  We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

B. THIRD PARTY SERVICES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES

1. Third-Party Content and Sites; Advertisements.

The Service may contain or may interact with or otherwise be associated with third party platforms, services, plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by Mariscos Casa Del Pollo (collectively, “Third-Party Services”), including services operated by advertisers, licensors, licensees, e-commerce partners and certain other third parties who may have business relationships with Mariscos Casa Del Pollo.  This may include the ability to register or sign in to our Services using Facebook Connect or other third party tools, and to post content on third party sites and services using their plug-ins made available on our Services.  We may also host our content, apps and tools on Third-Party Services.  Mariscos Casa Del Pollo may have no control over the content, operations, policies, terms, or other elements of Third-Party Services, and Mariscos Casa Del Pollo does not assume any obligation to review any Third-Party Services. 

Mariscos Casa Del Pollo does not necessarily endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items.  Furthermore, Mariscos Casa Del Pollo is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Services.  Some Third-Party Services may impose fees for access to their resources through our Service and/or your account and you are responsible for all such fees.  Finally, to the extent permitted by law, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Services.  Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Services.  Mariscos Casa Del Pollo DISCLAIMS ALL LIABILITY IN CONNECTION THEREWITH.  

2. Dealings with Third Parties.

Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like).  For more information about the implications of activating these Third-Party Services and our use, storage and disclosure of information related to you and your use of such services within our Service, please see our Privacy Notice posted at www.MariscosCasaDelPollo.com. You hereby agree to indemnify Mariscos Casa Del Pollo Parties against all claims, injury and/or damages including, without limitation, legal and attorneys’ fees, that arise out of your use of any Third Party Service, including without limitation from any material that you post on any forum or social networking site in connection with us and/or any other claim related to your use of social media.

As permitted by applicable law, you hereby grant Mariscos Casa Del Pollo an irrevocable, perpetual license to use, reproduce, edit, create derivative works from, distribute, display, copy, transmit or otherwise use in any way, commercially or otherwise, any material that you post to any social networking site or other Third-Party Service in connection with us or our Service.

C. WIRELESS, MESSAGING AND LOCATION-BASED FEATURES

1. Wireless Features.

The Service may offer certain features and services that are available to you via your wireless Device.  These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”).  Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features, for which you are responsible.  Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance.  Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device.  You should check with your carrier to find out what plans are available and how much they cost.  Contact your carrier with questions regarding these issues.

2. Terms of Wireless Features.

You agree that as to the Wireless Features for which you are registered for, we may send communications via such features or apps to your wireless Device regarding us or other parties.  Further, we may collect information related to your use of the Wireless Features consistent with our Privacy Notice posted at www.MariscosCasaDelPollo.com.  If you have registered via the Service for Wireless Features, then you agree to notify Mariscos Casa Del Pollo of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes.

3. Messaging.

You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited.  Such consent is not required to purchase any product or service aside from the text subscription itself.  For each subscription, text “HELP” for help and text “STOP” to terminate (i.e., opt-out) of that subscription.  Subsequent or different subscriptions will be unaffected by an opt-out.  You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages.  For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent.  Alerts auto-renew unless otherwise specified when you consented.  You understand that we will send mobile text messages using automated technology. If you subscribe to text messages you represent that you are the age of majority where you reside, or have obtained parental consent.  Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible.  Contact your carrier for details.  If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent.  Not all phones and/or carriers are supported.  We are the sponsor of our text messages and may be contacted regarding them at:  348 San Juan Grade Rd. Ste-2, Salinas, California, 93906 (Attn: Legal Department).

You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails.  This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited.  Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.

4. Location-Based Features.

If you have enabled GPS, geo-location or other location-based features on any mobile app(s) or feature(s), or on your Device, or use our or third party Wi-Fi or Bluetooth services, you acknowledge that your Device location may be tracked and may be shared with others consistent with the Privacy Notice posted at www.MariscosCasaDelPollo.com.  Some mobile app(s) or feature(s), and your Device may, allow for you to disable some location-based features or manage preferences related to them.  However, you can terminate Device location tracking by us through our App by uninstalling the App.

D. DEVICES AND CONNECTIVITY

We do not warrant that the software provided by Mariscos Casa Del Pollo to utilize the Service or any other software used in connection with the Service will be compatible with other third party software nor do we warrant that operation of the Service and the associated software will not damage or disrupt other software or hardware.  You are responsible for obtaining and maintaining all Devices and other equipment and software, and all Internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.  You further agree to look solely to the entity that manufactured and/or sold you the Device for any issues related to the Device and its compatibility with the Service and/or the Mariscos Casa Del Pollo software.

By using the Service, you agree that Mariscos Casa Del Pollo may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service (e.g., save content, access data, enable services, etc.) as permitted by applicable law.  For instance, our U.S. Rewards App may access and read accounts, data and/or content on your Device, add content to your Device, and change settings of your Device, for reasons such as showing you the location of things or people near you; saving App images, sound files and writing usage logs to the Device; sending Facebook, Twitter and other messages you initiate; sending and receiving data needed for App operations; and to provide you notice when you are not connected to a network.  As permitted by applicable law, you consent to these activities by installing the App or otherwise using the Service.  Your Device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the App by uninstalling the App.

You must be connected to the Internet for the entire time you are using the Service, the cost and provisions of which is your responsibility.  The quality of the display of the Content may vary from Device to Device, and may be affected by a variety of factors, such as your Device, your location, the bandwidth available through and/or speed of your Internet connection.  Mariscos Casa Del Pollo makes no representations, conditions or warranties about the quality of your Service experience on your Device or the ability of any Device to access or display the Content. In order to stream or download Content, your equipment must meet certain system requirements, including but not limited to having high-speed Internet access.

Any issues related to the Service and/or the Mariscos Casa Del Pollo software, including any system requirements, are covered and limited by this Agreement.  Please refer to the Disclaimer of Representations and Warranties in Section III (F) and Limitations of Liability in Section III (G) provisions set forth in these Terms. 

E. NOTICES, QUESTIONS AND CUSTOMER SERVICE

You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the Service, or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you.  You acknowledge that any customer support we provide is at Mariscos Casa Del Pollo’s sole discretion and that we have no obligation to provide you with customer support of any kind.

If you have any questions or comments about these Terms of Use or the Service, please contact us by:

1-831-443-4010 

COMPLIANCEETHICS@MARISCOSCASADELPOLLO.COM

Mariscos Casa Del Pollo Compliance and Ethics Office

348 San Juan Grade Rd. Ste-2

Salinas, California, 93906

III. INFRINGEMENT AND DISPUTES TERMS

A. PROCEDURE FOR ALLEGED COPYRIGHT INFRINGEMENT

1. In General.

Mariscos Casa Del Pollo is under no obligation to post, host, display, store or otherwise provide any material available on the Service, including material you provide to us, and we reserve the right to take actions reasonably calculated in our discretion to maintain the Service and its content in keeping with our brand and the purpose of the Service.  However, we have no obligation to monitor the Service for infringing or offensive content and our only commitment to respond to infringement complaints is as set forth in this Section III (Infringement/Disputes), Subsection A.  

2. DMCA Notice.

We respect the intellectual property rights of others and request that you do the same.  You are hereby informed that in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Mariscos Casa Del Pollo has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the Service who are repeat copyright infringers.  If you believe your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed via the Service, you may notify our agent:

Tere Villalpando

Mariscos Casa Del Pollo 

348 San Juan Grade Rd. Ste-2

Salinas, California, 93906

1-831-443-4010 

LEGAL@MARISCOSCASADELPOLLO.COM

To be effective, your notification must (i) be in writing, (ii) be provided to our agent, and (iii) include substantially the following:

1. A legend or subject line that says: “DMCA Copyright Infringement Notice”; 
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 
6. A statement under penalty of perjury from the complaining party that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and 
7. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Mariscos Casa Del Pollo may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Mariscos Casa Del Pollo may elect to remove allegedly infringing material that comes to its attention through notices that do not substantially comply with the DMCA. We also may send the information that you provide in your notice to the person who provided the allegedly infringing work.  

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

3. Counter-Notification.

If access on the Service to a work that you submitted to Mariscos Casa Del Pollo is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may notify our agent at the above address through a DMCA Counter-Notification.

To be effective, your DMCA Counter-Notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

1. A legend or subject line that says: “DMCA Counter-Notification”; 
2. Identification of the work claimed that was removed or access to which was disabled, or, if works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that was removed or access to which was disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement from the complaining party that it consents to the jurisdiction of the Federal District Court for the judicial district in which its address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the Federal Court in the County of Orlando, Florida), and that the complaining party will accept service of process from the person who provided DMCA notification to us or an agent of such person;
6. A statement under penalty of perjury from the complaining party that it has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
7. A physical or electronic signature of a person authorized to act on behalf of the owner of the work that was removed or access to which was disabled.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification.  However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service.  You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

B. PROCEDURE FOR ALLEGING INFRINGEMENT OF OTHER INTELLECTUAL PROPERTY

If you believe your intellectual property other than copyrights, or the intellectual property other than copyrights of a person on whose behalf you are you are authorized to act has been infringed, you may notify our agent at the above address.

To be effective, your notification must (i) be in writing, (ii) be provided to our agent, and (iii) include substantially the following:

1. A legend or subject line that says:  “Intellectual Property Infringement Notice”;
2. Identification of the intellectual property claimed to have been infringed, or, if multiple properties at a single online Site are covered by a single notification, a representative list of such properties at that Site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the intellectual property in the manner complained of is not authorized by the owner, its agent, or the law; 
6. A statement under penalty of perjury from the complaining party that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and  
7. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will act on such notices in our sole discretion.  Any user of the Service that fails to respond satisfactorily to Mariscos Casa Del Pollo with regard to any such notice is subject to suspension or termination.  We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

B. APPLICABLE LAW

As permitted by applicable law, the laws of the State of Florida, without regard to conflict of law provisions that would apply other law, govern these Terms of Use and your use of the Service.  Except to the extent that arbitration is required in Section III (Infringement/Disputes), Subsection D(2), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Orange County, Florida.  Accordingly, you and we consent to the exclusive personal jurisdiction and venue of such courts for such matters.  

We recognize that it is possible for you to obtain access to the Service from any jurisdiction in the world, but we have no practical ability to prevent such access.  The operation of the Service is subject to the laws of the State of California and of the United States.   If any material on the Service, or your use of the Service, is contrary to the laws of the place where you are when you access it, the Service is not intended for you, and we ask you not to use the Service.  You are responsible for informing yourself of the laws of your jurisdiction and complying with them.  

C. DISPUTE RESOLUTION

Certain portions of this Section III(D) are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.  You and Mariscos Casa Del Pollo agree that we intend that this Section III(D) satisfies the “writing” requirement of the Federal Arbitration Act.  This Section III(D) can only be amended by mutual agreement.

1. First – Try to Resolve Disputes.

If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User-Generated Content, these Terms, or any Additional Terms (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it.  Our notice to you will be sent to you based on the most recent contact information that you provide us.  But if no such information exists or if such information is not current, then we have no obligation under this Section III(D)(1).  Your notice to us must be sent in writing to:  Mariscos Casa Del Pollo Management LLC, 450 S. Orange Ave., Suite 800, Orlando, FL 32801-3383, (Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, Mariscos Casa Del Pollo and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Mariscos Casa Del Pollo to resolve the Dispute on terms with respect to which you and Mariscos Casa Del Pollo, in each of our sole discretion, are not comfortable.

2. Alternative Dispute Resolution.

As permitted by applicable law, if a Dispute arises and the parties have not been successful in resolving such dispute through negotiation, as set forth in Section III(D)(1) within sixty (60) days of receipt of the notice, the parties agree to attempt to resolve the dispute through mediation by submitting the dispute to a sole mediator selected by the parties or, at any time at the option of a party, to mediation by the American Arbitration Association (“ AAA”).  Any such mediation will be held in Orange County, Florida, or at your request telephonically. Each party shall bear its own expenses, except Mariscos Casa Del Pollo shall pay the expenses of the mediator and the mediation fees of the AAA.  All defenses based on passage of time shall be suspended pending the termination of the mediation.  Subject to Section III(D)(3), nothing in this clause shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending mediation.  In the event mediation is unsuccessful, the parties agree to submit the matter for binding arbitration by AAA and in accordance with the AAA then-current Consumer Arbitration Rules.

a. Process and Forums.

If the Dispute has a claimed valued of less than $10,000, the proceeding will be resolved by written submissions unless you request a telephonic or live hearing, or unless the arbitrator determines one is necessary.  If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes.  If the Dispute has a claimed value of more than $250,000, or if Mariscos Casa Del Pollo elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules.  The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms and any Additional Terms, will be bound by these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim.

b. Nature, Limitations, and Location of Alternative Dispute Resolution.

In arbitration, the arbitrator must honor the terms of these Terms (and any Additional Terms) and can award the prevailing party damages and other relief.  HOWEVER, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.  All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.  If an in-person arbitration hearing is required, then as permitted by applicable law it will be conducted in the closest major metropolitan area (for the U.S. determined as “metropolitan statistical area” defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration.  You and we will pay the arbitration administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Mariscos Casa Del Pollo to pay a greater portion or all of such fees and costs in order for this Section III(D) to be enforceable, then Mariscos Casa Del Pollo will have the right to elect to pay the fees and costs and proceed to arbitration.  Discovery will be permitted pursuant to the applicable arbitration rules.  The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based.  Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties.  This arbitration provision shall survive termination of these Terms or the Service.

3. Injunctive Relief.

Subject to Section III (Infringements/Disputes), Subsection H, the foregoing provisions of this Section III(D) will not apply to any legal action taken by either party to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to your breach or alleged breach of these Terms of Use or Additional Terms and/or either party’s intellectual property rights (including such Mariscos Casa Del Pollo may claim that may be in dispute).

4. No Class Action Matters.

To the extent permitted by applicable law, disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.  YOU AND Mariscos Casa Del Pollo AGREE THAT EACH 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 PROCEEDING.  There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought to a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.  But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section III(D)(2) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section III(D)(5).  Notwithstanding any other provision of this Section III(D)(4), any and all issues relating to the scope, interpretation and enforceability of this Section III(D)(4), including the class action waiver provisions contained herein, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.

5. Federal and State Courts in Orange County, Florida and No Jury Trial.

The following provisions apply to the extent permitted by applicable law. Except to the extent that arbitration is required in Section III(D)(2), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Orlando, Orange County, Florida.  Accordingly, you and Mariscos Casa Del Pollo consent to the exclusive personal jurisdiction and venue of such courts for such matter.  EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.

6. Small Claims Matters Are Excluded From Arbitration Requirement.

Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes in small claims court, subject to Section III(D)(5).

7. Disputes with Other Users

You are solely responsible for your interaction with other users of the Service, whether online or offline.  We are not responsible or liable for the conduct or content of any user.  We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.  

D. DISPUTE RESOLUTION WHERE ARBITRATION IS NOT AVAILABLE

This Subsection III(E) applies if, and only to the extent that, the mandatory laws in your jurisdiction of residence do not permit arbitration of Disputes in accordance with Section III(D) or the parties have not otherwise agreed to arbitration if required by applicable law.

1. Section III(E) Disputes.

To the fullest extent permitted by applicable law, if any controversy, allegation, or claim arises out of or relates to the Site, the Content, your User-Generated Content,  these Terms, or any Additional Terms, or to any of Mariscos Casa Del Pollo’s actual or alleged intellectual property rights (collectively, a “Section III(E) Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section III(E), along with a proposed resolution of it.  Our notice to you will be sent to you based on the most recent contact information that you provide us.  But if no such information exists or if such information is not current, then we have no obligation under this Subsection C.5.  Your notice to us must be sent to:  Mariscos Casa Del Pollo Management LLC, 450 S. Orange Ave., Suite 800, Orlando, FL 32801-3383 (Attn: Legal Department).  Subject to applicable law, for a period of sixty (60) days from the date of receipt of notice from the other party, Mariscos Casa Del Pollo and you will engage in a dialogue in order to attempt to resolve the Section III(E), though nothing will require either you or Mariscos Casa Del Pollo to resolve the Section III(E) on terms with respect to which you and Mariscos Casa Del Pollo, in each of our sole discretion, are not comfortable

2. Jurisdiction.

The parties agree that the state or federal courts in Orlando, Florida shall have non-exclusive jurisdiction of any Section III(E), unless otherwise required by applicable laws of your jurisdiction of residency.

3. Governing Law.

To the maximum extent permitted by the mandatory laws in your jurisdiction of residence, these Terms and any Section III(E) arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of Florida without regard to its conflicts of law provisions.

4. Injunctive Relief.

The foregoing provisions of this Section III(E) will not apply to any legal action taken by either party to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to your breach or alleged breach of these Terms of Use or Additional Terms and/or either party’s intellectual property rights (including such Mariscos Casa Del Pollo may claim that may be in dispute).

E. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS

AS PERMITTED BY APPLICABLE LAW: (1) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK; (2) THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (3) WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME; (4) Mariscos Casa Del Pollo EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SERVICE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY; (5) IF YOU DOWNLOAD ANY MATERIALS FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Mariscos Casa Del Pollo OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR CONDITION OF ANY KIND; (6) Mariscos Casa Del Pollo DOES NOT MAKE ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SERVICE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. 

The above disclaimer of warranties (i) does not apply to product warranties from manufacturers or, for purposes of certainty, the products and services obtained at our brick and mortar restaurants; and (ii) does not limit any otherwise legally available right of relief you may have under applicable laws (if any) to recover for personal injury arising out of product liability.

F. LIMITATIONS OF LIABILITY

AS PERMITTED BY APPLICABLE LAW: (1) YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE; (2) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK; (3) UNDER NO CIRCUMSTANCES WILL ANY Mariscos Casa Del Pollo PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, OR ANY OTHER THIRD-PARTY SERVICES YOU ACCESS THROUGH A LINK FROM THE SERVICE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, Mariscos Casa Del Pollo’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Mariscos Casa Del Pollo OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES; (4) THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS; AND, (5) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER Mariscos Casa Del Pollo NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE.

AS PERMITTED BY APPLICABLE LAW, EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, IN NO EVENT WILL Mariscos Casa Del Pollo PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID Mariscos Casa Del Pollo IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.  FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY Mariscos Casa Del Pollo OR A MANUFACTURER OF A PHYSICAL PRODUCT.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Mariscos Casa Del Pollo Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service). 

The above limitations or exclusions (i) do not apply to product warranties from manufacturers or, for purposes of certainty, the products and services obtained at our brick and mortar restaurants; and (ii) does not limit any otherwise legally available right of relief you may have under applicable laws (if any) to recover for personal injury arising out of product liability.

G. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY Mariscos Casa Del Pollo (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF Mariscos Casa Del Pollo; PROVIDED, HOWEVER, SUCH SHALL NOT LIMIT YOUR ABILITY TO SEEK OTHER EQUITABLE RELIEF, SUBJECT TO THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS .

IV. STANDARD TERMS AND CONDITIONS

A. UPDATES TO TERMS

As permitted by applicable law, these Terms (or, if applicable, Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use).  AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED AS PERMITTED BY APPLICABLE LAW.  ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS.  Therefore, you should review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission).  As permitted by applicable law, any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you.  However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use and any specific term to which we previously committed to apply those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed.  In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You should frequently check the home page and the e-mail you associated with your account for notices, both of which you agree are reasonable manners of providing you notice.  You can reject any new, revised or additional terms by discontinuing use of the Service and related services. 

B. Accuracy, Completeness and Timeliness of Information on the Service

Mariscos Casa Del Pollo is not responsible if information made available on the Service is not accurate, complete or current.  The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on the Service is at your own risk.  The Service may contain certain historical information.  Historical information necessarily is not current and is provided for your reference only.  We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information on the Service.  You agree that it is your responsibility to monitor changes to the Service.

C. Mariscos Casa Del Pollo’S CONSENT OR APPROVAL

As to any provision in these Terms or any Additional Terms that grants Mariscos Casa Del Pollo a right of consent or approval, or permits Mariscos Casa Del Pollo to exercise a right in its “sole discretion,” Mariscos Casa Del Pollo may exercise that right in its sole and absolute discretion.  No Mariscos Casa Del Pollo consent or approval may be deemed to have been granted by Mariscos Casa Del Pollo without being in writing and signed by an officer of Mariscos Casa Del Pollo.

D. EXPORT CONTROLS

Software related to or made available by the Service may be subject to export controls of the U.S.A.  You are responsible for complying with all applicable trade regulations and laws both foreign and domestic.  Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

E. SEVERABILITY; INTERPRETATION

If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms (which will remain in full force and effect).  To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.  Wherever the word “including” is used in these Terms or any applicable Additional Terms, the word will be deemed to mean “including, without limitation.”  The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.

F. ELECTRONIC COMMUNICATIONS AND CONTRACTING

When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically as permitted by applicable law.  We will try to promptly respond to all inquiries, but we are not obligated to do so.  As permitted by applicable law, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and that any time you electronically transact, agree or consent via the Service is intended to be an electronic signature which binds you as if you had signed on paper.  As permitted by applicable law, you agree that your use of the Service, other than to read the Terms and Privacy Policy, constitutes agreement to the Terms, and any applicable Additional Terms, then posted without further action by you.  

G. INVESTIGATIONS; COOPERATION WITH THE LAW; TERMINATION; SURVIVAL

As permitted by applicable law, you agree that Mariscos Casa Del Pollo shall have the right, without limitation and without any obligation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms or any potential harm to our users or third parties, (iii) use and/or disclose any information obtained by Mariscos Casa Del Pollo in connection with the forgoing or to comply with law enforcement requests or legal requirements in accordance our Privacy Notice posted at www.MariscosCasaDelPollo.com, (iv) involve and cooperate with law enforcement authorities in connection with any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any applicable Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.   Any suspension or termination will not affect your obligations to Mariscos Casa Del Pollo under these Terms or any applicable Additional Terms.  Upon suspension or termination of your access to the Service, or upon notice from Mariscos Casa Del Pollo, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service.  The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Mariscos Casa Del Pollo in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

H. ASSIGNMENT

Mariscos Casa Del Pollo may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice.  These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Mariscos Casa Del Pollo. 

I. TERMS FOR APPLE USERS

If you are accessing or using the Service through an Apple Device, then the additional terms and conditions provided below are applicable to you.

Terms Applicable For Apple iOS.

1. To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms are entered into between you and Mariscos Casa Del Pollo and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
2. The license granted to you in Section I (Rights/Responsibilities), Subsection B of these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service. 
3. You acknowledge that Mariscos Casa Del Pollo, and not Apple, is responsible for providing the Service and Content thereof.
4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
5. To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
6. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Mariscos Casa Del Pollo, Mariscos Casa Del Pollo, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
7. Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. 
9. When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
10. Your use of real time route guidance on the Service is at your sole risk.  Location data may not be accurate.

J. ENTIRE AGREEMENT; ADMISSIBILITY; NO WAIVER

These Terms, and any applicable Additional Terms, constitute the entire agreement and understanding between you and Mariscos Casa Del Pollo with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.  A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Except as expressly set forth in these Terms, or any applicable Additional Terms, (i) no failure or delay by you or Mariscos Casa Del Pollo in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms, or any applicable Additional Terms, will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

 Initially effective as of June 17, 2020

 © 2020 Mariscos Casa Del Pollo 

Mariscos Casa Del Pollo Guest Wi-Fi Terms

Welcome to Mariscos Casa Del Pollo’s guest Wi-Fi! By using this service, you accept these terms, our online services Terms of Use (at HTTPS://www.MariscosCasaDelPollo.com/TERMS-CONDITIONS) and our data practices as set forth in our Privacy Notice (at HTTPS://www.MariscosCasaDelPollo.com/PRIVACY-POLICY). You should click on those links and read our full Terms of Use and Privacy Notice, but here are a few highlights:

Subject to applicable law, the Terms of Use provide for your grant and waiver of rights and remedies, limitations on our liability, your indemnity of us, and arbitration of certain disputes (and class action and jury waiver).