Terms of Use

Last Modified: September 7, 2021

Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and Taco John’s International, Inc. (“TJI,” “we,” or “us”). Your use of websites, apps, and other online services owned, operated, licensed, or controlled by TJI on which these terms reside (collectively our “Sites”), and use of the features, loyalty programs, events, or other services offered on our Sites, is subject to these Terms of Use. These Terms of Use apply to all users and visitors of our Sites, including users who contribute content, information, and other materials.

Please read the Terms of Use carefully before you start to use our Sites. By using our Sites, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree, you should not use our Sites.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Sites thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on our Sites.

Your continued use of our Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing our Sites and Account Security

We reserve the right to withdraw or amend our Sites, and any service or material we provide on our Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Sites are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of our Sites.

You are responsible for:

  • Making all arrangements necessary for you to have access to our Sites; and
  • Ensuring that all persons who access our Sites through your internet connection are aware of these Terms of Use and comply with them.

To access our Sites or some of the services they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of our Sites that all the information you provide on our Sites is correct, current, and complete. You agree that all information you provide to register with our Sites or otherwise, including, but not limited to, the use of any interactive features on our Sites, is governed by our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

Our Sites and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TJI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use our Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of our Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from our Sites.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Sites.

You must not access or use for any commercial purposes any part of our Sites or any services or materials available through our Sites.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Sites in breach of the Terms of Use, your right to use our Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Sites or any content on our Sites is transferred to you, and all rights not expressly granted are reserved by TJI. Any use of our Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The terms Taco John’s®, Potato Olés®, Taco Bravo®, Wake Up Wednesday!®, Six-Pack and a Pound®, Nachos Navidad®, the Taco John’s® logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TJI or its affiliates or licensors. You must not use such marks without the prior written permission of TJI. All other names, logos, product and service names, designs, and slogans on our Sites are the trademarks of their respective owners.

Prohibited Uses

You may use our Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Sites:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate TJI, a TJI employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Sites, or which, as determined by us, may harm TJI or users of our Sites, or expose them to liability.

Additionally, you agree not to:

  • Use our Sites in any manner that could disable, overburden, damage, or impair our Sites or interfere with any other party’s use of our Sites, including their ability to engage in real time activities through our Sites.
  • Use any robot, spider, or other automatic device, process, or means to access our Sites for any purpose, including monitoring or copying any of the material on our Sites.
  • Use any manual process to monitor or copy any of the material on our Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of our Sites.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Sites, the server on which our Sites are stored, or any server, computer, or database connected to our Sites.
  • Attack our Sites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of our Sites.

User Contributions

Our Sites may contain message boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through our Sites.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on our Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not TJI, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Sites.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Sites or the public, or could create liability for TJI.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Sites.
  • Terminate or suspend your access to all or part of our Sites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Sites. YOU WAIVE AND HOLD HARMLESS TJI AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on our Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, threatening, harassing, violent, hateful, racist, inflammatory, incites criminal or abusive acts, or is otherwise objectionable as determined by TJI.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of TJI to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through our Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Sites, or by anyone who may be informed of any of its contents.

Our Sites may include content provided by third parties, including materials provided by other users or third-party licensors. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TJI, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TJI. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to our Sites

We may update the content on our Sites from time to time, but all content is not necessarily complete or up-to-date. Any of the material on our Sites may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to our Sites

All information we collect on our Sites is subject to our Privacy Policy. By using our Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our Sites are serviced by a third party vendor and are governed by the vendor’s own terms of use.

Linking to our Sites and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Our Sites may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on our Sites.
  • Send emails or other communications with certain content, or links to certain content, on our Sites.
  • Cause limited portions of content on our Sites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause our Sites or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of our Sites other than the homepage.
  • Otherwise take any action with respect to the materials on our Sites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Availability of Products and Services

Taco John’s® restaurants are available in many parts of the United States. However, some locations have limited time offerings or local favorites, and our Sites may describe products and services that are not available at every location.

Links from our Sites

Our Sites may contain links to other sites and resources provided by third parties which are provided for your convenience only and are not maintained by TJI. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of any link to such sites does not imply endorsement by TJI of the sites. If you decide to access any of the third-party websites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of our Sites is based in the State of Wyoming in the United States. We provide our Sites for use only by persons located in the United States. We make no claims that our Sites or any of their content is accessible or appropriate outside of the United States. Access to our Sites may not be legal by certain persons or in certain countries. If you access our Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES IS AT YOUR OWN RISK. OUR SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TJI NOR ANY PERSON ASSOCIATED WITH TJI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SITES. WITHOUT LIMITING THE FOREGOING, NEITHER TJI NOR ANYONE ASSOCIATED WITH TJI REPRESENTS OR WARRANTS THAT OUR SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, TJI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TJI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO OUR SITES, ANY CONTENT ON OUR SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless TJI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our Sites, including, but not limited to, your User Contributions, any use of our content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from our Sites.

Governing Law and Jurisdiction

All matters relating to our Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or our Sites shall be instituted exclusively in the courts of the State of Wyoming, in each case located in the County of Laramie, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of our Sites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Wyoming law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by TJI of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TJI to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Career Opportunities

Information on our Sites is subject to change without notice. The career opportunities listed on our Sites may include opportunities with locations owned and operated by TJI (Company restaurants) as well as locations owned and operated by Taco John’s® franchisees (Franchise restaurants). The positions in Company restaurants may be subject to different terms and conditions, including, but not limited to, benefits and employment policies, than those positions in Franchise restaurants. TJI accepts no responsibility or liability with respect to the terms and conditions of employment with a Taco John’s franchisee. Specific information about the terms and conditions of employment associated with a particular position will be provided on the date of hire. Postings on our Sites do not represent an offer of employment. Any offer of employment must be made in person by an authorized representative of TJI or of a franchisee in accordance with TJI’s or the franchisee’s hiring policies and procedures.

Email, Mobile, SMS Opt-In

By submitting your email address or mobile telephone number, with explicit opt-in consent, within our Sites or at Taco John’s restaurants, you are agreeing to receive recurring messages from TJI. When you opt-in to the service, we will send you an SMS message to confirm your signup.

For mobile opt-in, message and data rates may apply. You agree that texts may be sent using an automatic telephone dialing system and that your consent to receive texts is not required for any purchase. You can cancel the SMS service at any time. Text “STOP” to 25519. After this, you will no longer receive SMS messages from us. If you want to re-join, you must sign up again.

Text “HELP” to 25519 for help. You can also get help by calling 1-800-854-0819.

Carriers are not liable for delayed or undelivered messages. Message and data rates may apply. You will receive messages approximately four times a month with offers and news. If you have any questions about your text plan or data plan, contact your wireless provider.

If you have any questions regarding privacy, please read our Privacy Policy.

Supported Carriers

ACS Wireless, AIO Wireless, ALLTEL, AT&T, Bluegrass Cellular, Boost, Carolina West Wireless, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Chat Mobility, Cincinnati Bell, Cricket, ECIT, Element Wireless, GCI, Golden State Cellular, Illinois Valley, Immix Wireless, Inland Cellular, iWireless, LongLines Wireless, MetroPCS, Nex-Tech, Northwest Missouri Cellular,  NTelos, Plateau Wireless, PTCI, Sprint, T-Mobile, Thumb Cellular, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless and other carriers that may be added from time to time. Service may not be compatible with all handsets.

Entire Agreement

The Terms of Use and any documents incorporated by reference constitute the sole and entire agreement between you and TJI regarding our Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Sites.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to our Sites should be directed to:

TACO JOHN’S INTERNATIONAL, INC.

808 WEST 20TH ST. | CHEYENNE, WY  82001

[email protected]

© 2021 Taco John’s International, Inc.