TACO DEL MAR WEBSITE

ONLINE TERMS OF USE

These terms and conditions of use apply exclusively to your access to and use of the Taco del Mar Franchising Corp. ("Taco del Mar") website (the "Site") and do not alter in any way the terms and conditions of any other agreement you may have with Taco del Mar for products, services or otherwise.

If you do not agree with any of these terms, do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.

Privacy Policy

Your use of the Site is governed by the Taco del Mar Privacy Policy, which is available at http://www.tacodelmar.com/privacy.html and incorporated by reference into these terms.

Parental Consent

Although users are able to access some areas of the Site without registering, a parent or legal guardian must register and activate an account in order for those under the age of 18 to access certain content on the Site. Parents will be asked to submit certain personal information, and to authorize Taco del Mar to use that information in a limited number of ways. By clicking on the Parental Consent Button, and reviewing and submitting the Parental Consent Form, parents may consent to their child's use of the Site under the terms and conditions contained in these Terms of Use and in the Taco del Mar Privacy Policy.

Use of Copyrighted Materials/Trademarks

Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the "Materials") are copyrighted materials owned by or licensed to Taco del Mar. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Taco del Mar and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal use and not for resale or further distribution, subject to the following conditions:

1. Any copy of the Materials or portion thereof must include the Taco del Mar copyright notice.
2. Taco del Mar reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Taco del Mar.

Any product, process or technology described in the Materials or offered for sale through the Site may be subject to other intellectual property rights reserved by Taco del Mar, its affiliates, or third parties. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Taco del Mar, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Taco del Mar, its affiliates, and/or any third party, as applicable.

Hyperlinks to this Site

You are granted a limited, nonexclusive right to create a "hypertext" link to the Site provided that such link is to the entry page of this website and does not portray Taco del Mar or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Taco del Mar trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Taco del Mar.

Links to Third Party Websites

The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Taco del Mar. If you use these links, you may leave the Site. Taco del Mar has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Taco del Mar does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.

Password Restricted Areas of the Website

Certain areas of the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Taco del Mar if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Taco del Mar of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.

Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site though email or otherwise (each a "Submission"), and that you, and not Taco del Mar, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality and copyright. As such, you agree to indemnify and hold Taco del Mar entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by Taco del Mar in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party

Any material, information or ideas you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Taco del Mar or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Taco del Mar will be handled in accordance with the Taco del Mar Privacy Policy.

Third Party Beneficiary

You acknowledge and agree that Taco del Mar^TM licensors are third party beneficiaries ("Third Party Beneficiaries") of this Agreement between Taco del Mar and you.

DISCLAIMER OF WARRANTIES

Taco del Mar and its Third Party Beneficiaries make no, and hereby disclaim all warranties, express, implied and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, compliance with Federal, State and local regulations, the accuracy, timeliness, relevance or completeness of the course contents or any other warranties regarding the service, site, content, or the quality, suitability, truth, accuracy, timeliness, relevance and completeness of any content contained on the site or included as part of the service. You acknowledge and agree that Taco del Mar and its Third Party Beneficiaries do not warrant that access to the service and the site will be uninterrupted, error-free or without compromise or infiltration of security systems.

LIMITATION OF LIABILITY

Neither Taco del Mar nor its Third Party Beneficiaries will be liable to you or any third party claiming through you for any damages in connection with your inability to use the service and the site or any content appearing on the site. In no event will Taco del Mar or its Third Party Beneficiaries be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Taco del Mar or its Third Party Beneficiaries have been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Taco del Mar or its Third Party Beneficiaries for damages under this Agreement exceed one hundred dollars ($100.00).

Revisions to this Agreement

You agree that Taco del Mar can revise these Terms at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.

General Provisions

Enforcement of these Terms and Conditions will be governed by Washington law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Site will lie in the state and federal courts having jurisdiction for King County, Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Taco del Mar to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Taco del Mar in writing. In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

Contact Us

Taco del Mar can be reached using the following contact information: