1 TRADEMARK AND COPYRIGHT NOTICES The Sites on which these Terms and Conditions are located ("Sites") contain many of the valuable trademarks and service marks owned and used by U.S. Taco Co. throughout the world. These trademarks and service marks distinguish U.S. Taco Co. s quality products and services. The content, arrangement and layout of the Sites, including, but not limited to, the trademarks, service marks, package designs, text, art work, graphics, images, buttons, screen shots, music, digitally downloadable files, other content, and the compilation of the foregoing ( Content ) are the property of U.S. Taco Co., except where otherwise noted, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displaying, distributing, or transmitted without the express written permission of U.S. Taco Co. The Sites may also contain references to other company, brand and product names. These company, brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Sites are either the property of, or used with permission by U.S. Taco Co. U.S. Taco Co. may be, but is not necessarily sponsored by or affiliated with any of owners of the other company, brand and product name appearing on the Sites, and makes no representations about them, their owners, their products or services. Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Sites, or trademarks, service marks, or trade dress found within the Sites may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Sites the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Sites. You agree not to display or use any Content or third party content located on the Sites in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits U.S. Taco Co. and/or its licensors, that dilutes the strength of U.S. Taco Co. or its licensor s property, or that otherwise infringes U.S. Taco Co. or its licensor s intellectual property rights. NO WARRANTY; LIMITATION OF LIABILITY U.S. Taco Co. strives to ensure that the information contained in this web site is accurate and reliable. However, U.S. Taco Co. and the World Wide Web (or Web Site Host) are not infallible and errors may sometimes occur. Therefore, U.S. TACO CO. HEREBY NOTIFIES YOU THAT THESE SITES ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS, AND to the fullest extent permissible by applicable law, U.S. Taco Co. disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to these Sites, including without limitation the merchantability or fitness for any particular purpose. U.S. Taco Co. will not be liable or responsible for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL damages or injuries caused by use or inability to use these Sites OR ANY FEATURE ON THESE SITES (such as viruses, omissions,
2 misstatements, mistakes, interruptions, or ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND U.S. TACO CO. S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE S RECORDS, PROGRAMS, OR SERVICES). In no event shall U.S. Taco Co. s total liability for all damages, losses, and causes of action exceed five dollars ($5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, as a result, the above limitation or exclusion may not apply to you. You acknowledge that any reliance on the Sites or any Content will be at your own risk. U.S. Taco Co. also makes no representations regarding the amount of time that any Content will be preserved. U.S. Taco Co. may from time to time revise the information, services and the resources contained in these Sites and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. In no event shall U.S. Taco Co. be liable for any indirect, special, incidental, or consequential damages arising out of any use of the information contained herein. You acknowledge that U.S. Taco Co. may, in its sole discretion and at any time, discontinue these Sites or any part thereof, with or without notice. You agree that you do not have any rights in these Sites, and that U.S. Taco Co. will have no liability to you if these Sites are discontinued or your ability to access it is terminated. INTERACTIVE FEATURES AND USER GENERATED CONTENT On certain areas of our Sites, such as video upload features, message boards, or chat rooms, you may be allowed to interact with other users, and may also be able to create a unique account that may be used solely by you. You may not share or transfer your account with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password. U.S. Taco Co. will suspend access or change access to your account immediately upon notification by you that your password has been lost, stolen, or otherwise compromised. Use of your account and the interactive features of these Sites are governed by and subject to the following terms ( Posting Rules ). U.S. Taco Co. may terminate your account if we believe, using our sole discretion, that you have violated any of these Posting Rules, the terms in these Terms and Conditions, or any law. We reserve the right to monitor any and all messages, postings, or other content sent to the Sites, and reserve the right to remove or to refuse to post anything that we in our sole discretion view to be in violation of these Posting Rules, the law, or are otherwise inappropriate. U.S. Taco Co. does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Sites. Responsibility of Postings: You understand and acknowledge that messages and postings are the sole responsibility of the author, and that U.S. Taco Co. is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other interactive feature ( Messages ). Opinions expressed in Messages do not necessarily reflect the opinions of U.S. Taco Co.
3 No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for the content of your Messages, and agree not to include anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate. No Violations of Third Party Rights: You agree that you will not post in your Messages any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of U.S. Taco Co. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party. No Commercial Use: The message boards, chat rooms, and other forums we provide on these Sites are intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that you will not post in your Messages any content that contains business solicitation of any type, including advertising a product or service, offering a product ore service for sale, or directing readers to a location for more information about a product or service. No Viruses, Corrupting Files or Interference: You agree that you will not include in any Messages any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of U.S. Taco Co. s system or a third party s computer. You further agree that you will not post any content that undermines the operation of the Sites, a message board, chat room, forum, or other feature. If you believe that a Message was posted in violation of these Posting Rules or Terms and Conditions, please copy the text of the Message into an and submit to U.S. Taco Co. may, but typically will not, acknowledge receipt of your complaint. You agree that U.S. Taco Co. cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Sites. For more information on submitting complaints, please contact Violation of any of the above rules may result in a warning notification, removal of offending content or termination of your account. VIOLATIONS OF THE TERMS AND CONDITIONS If you believe that something on one of our Sites violates the Terms and Conditions or you wish to send an to U.S. Taco Co., please us at If you are a copyright or trademark owner and you believe your rights have been violated, please us at COMMUNICATING WITH U.S. TACO CO.
5 (d) you shall waive any moral rights that you may have in the Submission; (e) You will not issue any publicity concerning U.S. Taco Co. and/or the Promotion; (f) you are not entitled to any compensation or other payment from U.S. Taco Co. in connection with the Submission; and (g) U.S. Taco Co. has not made any promises or representations to you in order to induce you to provide the Submission. You understand that U.S. Taco Co. will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon these grant of rights, representations, warranties and indemnities should U.S. Taco Co. use your Submission. 3. You represent and warrant that: (a) You have the full power and authority to enter into this Agreement, to grant the rights herein and to perform all of your obligations set forth in this Agreement; (b) You are the author of the Submission and that each and every element of the Submission is an original work created by you; (c) You are the sole and exclusive owner of the Submission and all of the trademark and copyrights therein; (d) No third party is entitled to any compensation or payment as a condition for U.S. Taco Co. s use and exploitation of the Submission; (e) The Submission conforms to the Posting Rules. 4. You agree to defend, indemnify, and hold harmless U.S. Taco Co. and its agents, their parents, officers, directors, employees, consultants, licensees, agents, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys fees) resulting from claims made against U.S. Taco Co. or its agents by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder. 5. You shall not sue, and you irrevocably, unconditionally and entirely release, waive and forever discharge U.S. Taco Co. and its agents, their parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, successors and assigns, jointly and individually (hereinafter collectively referred to as Releasees ), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Releasees with respect to U.S. Taco Co. s use of the Submission, the Promotion and/or your decision to provide U.S. Taco Co. with your Submission. Without limiting the generality of the foregoing, you specifically acknowledge that you shall not be entitled to equitable or injunctive relief, which you knowingly and voluntarily waive and you shall not prevent or inhibit the exhibition, distribution, broadcast or other use or exploitation of the Submission and/or the Promotion. 6. You acknowledge that the Submission may contain concepts, ideas, materials, proposals, suggestions and the like relating to the Promotion and/or other U.S. Taco Co. initiatives (the Material ). With respect to the Material you acknowledge that: (a) U.S. Taco Co. receives numerous submissions from many parties and/or may have independently developed and/or considered similar Material and that U.S. Taco Co. s review of the Material is not an admission of novelty, priority or originality; and (b) U.S. Taco Co. s use of any similar Material whether based on your Submission, provided to U.S. Taco Co. by third parties, or independently developed or considered by U.S. Taco Co., shall be without obligation to you.
7 This Agreement sets forth the entire understanding between you and U.S. Taco Co. with respect to the subject matter of this Agreement.