Terms of Service

Effective Date: June 3, 2026  |  Last Updated: June 3, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Cabana Taco ("Company," "we," "us," or "our"), governing your access to and use of the website located at eat-cabanataco.click and all associated services, content, features, and functionality offered by Cabana Taco (collectively, the "Services").

By visiting, browsing, registering an account, placing an order, or otherwise interacting with our website or Services, you expressly agree to these Terms in their entirety. Your continued use of the website following the posting of any changes to these Terms constitutes your acceptance of those changes.

These Terms apply to all visitors, users, customers, and others who access or use our Services. If you are accessing or using the Services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" shall refer to both you individually and that entity.

You must be at least eighteen (18) years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may only use our Services under the supervision and with the express consent of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Cabana Taco is a food service business that operates through its website at eat-cabanataco.click. Our Services include, but are not limited to, the following:

• Online Menu Browsing: Customers may browse our food menu, view item descriptions, pricing, nutritional information, and available customization options through our website.
• Online Ordering: Customers may place food and beverage orders online for pickup, delivery (where available), or catering arrangements through our website platform.
• Catering Services: Cabana Taco may offer catering services for events, gatherings, parties, and corporate functions. Availability and pricing for catering services are subject to separate agreements and availability.
• Promotional Offers and Loyalty Programs: We may from time to time offer promotions, discounts, loyalty rewards, or special programs to our customers through the website.
• Customer Communications: We may provide informational communications, order confirmations, updates, and marketing materials through email, text message, or other channels, subject to applicable opt-in requirements.
• Account Management: Registered users may create and manage personal accounts to save preferences, track order history, and manage payment information.

Cabana Taco reserves the right to modify, suspend, expand, or discontinue any aspect of its Services at any time, without prior notice, at its sole discretion. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

All food products and menu items are subject to availability. We reserve the right to limit the quantities of any products or services that we offer. Descriptions of products on our website are provided for informational purposes only. We do not warrant that product descriptions or other content on the website are accurate, complete, reliable, current, or error-free.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or communicating with us.
• Maintain the confidentiality and security of your account credentials, including your username and password, and notify us immediately of any unauthorized use of your account.
• Use the website and Services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services.
• Treat Cabana Taco employees, contractors, and other users with respect and courtesy in all communications.
• Ensure that all payment information you provide is accurate and that you are authorized to use the payment method you provide.
• Review your order carefully before submission, as changes to confirmed orders may not always be possible.

3.2 Prohibited Activities

You agree that you will not, and will not permit or encourage others to:

• Use our website or Services for any fraudulent, unlawful, or unauthorized purpose.
• Submit false, misleading, or fraudulent orders or payment information.
• Attempt to gain unauthorized access to any portion of the website, server, network, or system connected to our Services.
• Use any automated software, bots, scrapers, crawlers, or other means to access, collect data from, or interact with our website without our prior written consent.
• Introduce any viruses, malware, ransomware, Trojan horses, or other harmful code to our website or systems.
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software used in connection with our Services.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.
• Use our website to transmit unsolicited commercial communications (spam) or to harass, threaten, or harm any individual.
• Circumvent or attempt to circumvent any security measures or content restrictions implemented on our website.
• Engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
• Use our Services to collect or compile personal information about other users without their consent.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Post or transmit any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable.

Cabana Taco reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Section, including reporting such conduct to law enforcement authorities.

4. Account Registration

Certain features of our Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete registration information and to update such information to keep it accurate, current, and complete. You are responsible for all activities that occur under your account.

You agree to immediately notify Cabana Taco of any unauthorized use of your account or any other breach of security. Cabana Taco will not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to refuse registration, suspend, or terminate your account at any time and for any reason, including if we believe that you have violated these Terms.

5. Ordering, Payment, and Pricing

5.1 Placing Orders

When you place an order through our website, you are making an offer to purchase the selected food items or services at the stated price. Your order constitutes a binding contract only when Cabana Taco accepts and confirms your order. We reserve the right to refuse or cancel any order for any reason, including errors in product descriptions or pricing, unavailability of items, or concerns about fraudulent activity.

Order confirmations will be sent to the email address you provide at the time of purchase. It is your responsibility to ensure that the email address provided is accurate. Please review your order confirmation carefully and contact us immediately if you identify any errors.

5.2 Pricing and Payment

All prices displayed on our website are listed in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable taxes, delivery fees, or service charges, which will be calculated and displayed at checkout prior to your final order confirmation.

We accept various forms of payment as indicated on our website at the time of checkout, which may include major credit cards, debit cards, and digital payment platforms. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

Payment is due at the time of order placement. Cabana Taco uses third-party payment processors to handle transactions. By providing your payment information, you authorize us and our payment processors to charge the applicable fees to your selected payment method.

All sales of food items are final once an order has been confirmed and preparation has begun. Refunds or credits may be issued at our sole discretion in cases of order errors attributable to Cabana Taco or food quality issues, subject to our Refund Policy.

5.3 Taxes

You are responsible for all applicable taxes associated with your purchase. Cabana Taco will collect and remit applicable sales taxes in accordance with applicable federal, state, and local tax laws, including those of the state in which the transaction occurs.

6. Food Allergen and Dietary Information

Cabana Taco makes reasonable efforts to provide accurate ingredient and allergen information on our website. However, our food is prepared in a kitchen environment where cross-contamination with common allergens including, but not limited to, gluten, dairy, nuts, eggs, shellfish, and soy is possible.

We make no warranties regarding the suitability of our food products for any particular dietary need, health condition, or personal preference. Customers with severe food allergies consume our products at their own risk. Cabana Taco shall not be held liable for any allergic reaction or adverse health event resulting from the consumption of our food products.

7. Intellectual Property Rights

All content, materials, and elements on the Cabana Taco website, including but not limited to the website design, layout, graphics, logos, trade names, trade dress, photographs, text, menu descriptions, software, source code, audio and video content, and all other intellectual property (collectively, "Content"), are owned by or licensed to Cabana Taco and are protected under United States copyright, trademark, trade secret, and other applicable intellectual property laws.

The "Cabana Taco" name, logo, and all related marks, names, and slogans are the trademarks or service marks of Cabana Taco. You may not use any of our trademarks or trade dress without our express prior written consent. Nothing in these Terms shall be construed as granting any license or right to use any trademark, logo, or trade name of Cabana Taco without our express written permission.

Subject to your compliance with these Terms, Cabana Taco grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our website and Services solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, copy, modify, create derivative works of, or publicly display any Content from our website.
• Use our Content for any commercial purpose or for any public display without our written permission.
• Remove or alter any copyright, trademark, or other proprietary notices from our Content.
• Frame or link to our website in any manner that could suggest affiliation with or endorsement by Cabana Taco without our express consent.

Any use of our Content that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws, and could result in civil or criminal penalties. We reserve all rights not expressly granted herein.

8. User-Generated Content

If our Services allow you to submit, post, upload, or otherwise provide any reviews, comments, photographs, feedback, or other content ("User Content"), you grant Cabana Taco a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, publish, distribute, and display such User Content in connection with our Services and business operations.

You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe or violate any third-party rights. You agree that you will not submit User Content that is unlawful, defamatory, harassing, obscene, or otherwise objectionable. Cabana Taco reserves the right to remove any User Content at its sole discretion.

9. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information. We encourage you to review our Privacy Policy, which is available on our website at eat-cabanataco.click.

By using our Services, you consent to the collection and use of your information as described in our Privacy Policy, including compliance with applicable United States federal and state privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive practices.

10. Third-Party Links and Services

Our website may contain links to third-party websites, applications, or services that are not owned or controlled by Cabana Taco. These links are provided for your convenience only and do not constitute an endorsement, sponsorship, or recommendation of such third-party websites or their content.

Cabana Taco has no control over and assumes no responsibility for the content, privacy policies, practices, or terms of any third-party websites. We strongly encourage you to review the terms of service and privacy policies of any third-party websites you visit. Your use of third-party websites is entirely at your own risk, and Cabana Taco shall not be liable for any damages or losses arising from your access to or use of any third-party websites.

11. Disclaimers and "As-Is" Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT PROVIDED THROUGH OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

CABANA TACO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS AVAILABLE THROUGH THE WEBSITE.
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.
• WARRANTIES REGARDING THE SUITABILITY OF ANY FOOD PRODUCTS FOR ANY PARTICULAR DIETARY NEED OR HEALTH CONDITION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CABANA TACO'S WARRANTIES SHALL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CABANA TACO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your access to or use of, or inability to access or use, the Services.
• Any conduct or content of any third party on or through the Services.
• Any content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any errors, inaccuracies, or omissions in any content on the website.
• Any food quality issues, allergic reactions, or health concerns arising from the consumption of our products.
• Delays or failures in delivery of food orders.

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

THE LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT CABANA TACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless Cabana Taco and its officers, directors, employees, agents, licensors, service providers, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your access to or use of the Services.
• Your violation of any provision of these Terms.
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property rights or privacy rights.
• Any User Content you submit, post, or transmit through the Services.
• Your negligence, willful misconduct, or fraud in connection with the Services.
• Any misrepresentation made by you in connection with your use of the Services.

Cabana Taco reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with us in the defense of any such claim. You agree not to settle any matter without the prior written consent of Cabana Taco.

14. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Cabana Taco is registered and operates, without regard to any conflict of law principles that would require the application of the law of another jurisdiction.

Subject to the Dispute Resolution provisions set forth in Section 15, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the appropriate federal or state courts of competent jurisdiction in the United States. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action or proceeding.

These Terms are also subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) with respect to consumer protection and unfair or deceptive trade practices. If you are a California resident, California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) and the California Privacy Rights Act may provide you with additional rights regarding your personal information.

If you access our Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your local jurisdiction.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Cabana Taco in writing at [email protected] and describe the nature of your dispute in reasonable detail. Cabana Taco will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within that period, either party may proceed with the formal dispute resolution process described below.

15.2 Binding Arbitration

Except for claims that qualify for small claims court, you and Cabana Taco agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services that cannot be resolved informally shall be resolved by binding individual arbitration. This agreement to arbitrate is intended to be interpreted broadly and includes all disputes and claims related to our Services.

The arbitration shall be administered by a recognized arbitration organization in accordance with its then-current arbitration rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on the parties, subject only to limited judicial review as permitted under applicable law.

The costs of arbitration, including filing fees and arbitrator fees, shall be allocated in accordance with the applicable arbitration rules and applicable law.

15.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CABANA TACO EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

15.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Claims under applicable consumer protection statutes may also be exempt from the arbitration requirement to the extent required by law.

16. Term and Termination

These Terms shall remain in full force and effect while you use our Services. Cabana Taco reserves the right, in its sole discretion, to:

• Terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
• Refuse service to any person or entity for any reason at any time.
• Delete, disable, or deactivate your account and any associated data.

Upon termination of your account or access to the Services, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall so survive, including without limitation: Sections 7 (Intellectual Property Rights), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Governing Law), 15 (Dispute Resolution), and 18 (General Provisions).

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations to pay outstanding amounts owed to Cabana Taco.

17. Changes to Terms of Service

Cabana Taco reserves the right to modify, update, or revise these Terms of Service at any time in our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice through email notification, a prominent notice on our website, or other means.

Your continued use of the Services following the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms. It is your responsibility to review these Terms periodically to stay informed of any changes. If you do not agree to the revised Terms, you must stop using our Services immediately.

For significant changes that materially affect your rights or obligations, we will endeavor to provide at least thirty (30) days' notice before such changes take effect, where reasonably practicable.

18. General Provisions

18.1 Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

18.2 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or agreements incorporated herein by reference, constitute the entire agreement between you and Cabana Taco with respect to your use of the Services, and supersede all prior and contemporaneous written or oral agreements, understandings, representations, warranties, and communications between you and Cabana Taco relating to the subject matter of these Terms.

18.3 Waiver

No failure or delay by Cabana Taco to exercise any right or remedy under these Terms shall operate as a waiver of such right or remedy. No single or partial exercise of any right or remedy shall preclude any further or other exercise of that right or remedy or the exercise of any other right or remedy. Any waiver by Cabana Taco must be in writing and signed by an authorized representative of Cabana Taco to be effective.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms to any third party without the prior written consent of Cabana Taco. Cabana Taco may freely assign or transfer these Terms, in whole or in part, to any affiliate, successor, or acquirer without restriction. Any purported assignment by you in violation of this Section shall be null and void.

18.5 Force Majeure

Cabana Taco shall not be liable or responsible for any failure or delay in performance of its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions, wars, terrorism, civil unrest, labor disputes, supply chain disruptions, power outages, or internet service interruptions.

18.6 No Third-Party Beneficiaries

These Terms are entered into for the sole benefit of Cabana Taco and you. Nothing in these Terms shall create or be deemed to create any rights in any third party, nor shall these Terms be construed to create any third-party beneficiary rights.

18.7 Electronic Communications

By using our Services or communicating with us electronically, you agree to receive communications from us electronically, including by email or through notices posted on our website. 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, to the fullest extent permitted by applicable law.

19. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below:

We will make every effort to respond to your inquiry in a timely and professional manner. For order-related concerns, please have your order confirmation number readily available when contacting us.