Cali F

TERMS AND CONDITIONS OF USE

Acceptance of Terms of Use

These Terms of Use govern your use of tapatiosfitchburg.com (the “Website”), and all smartphone and other applications and platforms available through third party devices, (the "Applications"), owned and/or operated by Cali Fresh LLC., and its affiliates and franchisees. If you do not agree to these Terms of Use, you should not use the Website or Applications. These Terms of Use are an ongoing contract between you and Cali Fresh LLC DBA Tapatios and apply to your use of the Website or Applications. These Terms of Use affect your rights and you should read them carefully. 

Changes to Terms of Use

Cali Fresh LLC DBA Tapatios may, without notice to you, change these Terms of Use in our sole discretion. The most current version of these Terms of Use is available by clicking on the "Terms of Use" at the bottom of the pages of the Website or on the Applications. The most current version of the Terms of Use will supersede all previous versions. 

Privacy and Personal Information

Cali Fresh LLC DBA Tapatios strives to protect the privacy of the personal information you provide on our Website and Applications. Any information submitted on the Website and Applications is subject to our Privacy Policy. 

Website and Application Access

Cali Fresh LLC DBA Tapatios hereby grants you permission to use the Website and Applications as set forth in this Terms of Use, provided that: (i) you only use the Website and Applications for personal, noncommercial purposes; (ii) you do not copy or distribute any part of the Website or Applications without Tapatios prior written consent; (iii) you do not modify any part of the Website or Applications, other than to use the Website or Applications for their intended purpose; and (iv) you otherwise comply with these Terms of Use.

You must create an account to access some features of the Website or Applications. When creating your account, you must provide accurate and complete information. If you are under 18, you may use the Website and Applications only with involvement of a parent or guardian.

You must keep your account and password confidential, and not allow any other person to use your account. You are solely responsible for all activity on your account. Notify Tapatios immediately of any breach of security or unauthorized use of your account. Although Tapatios will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tapatios or others due to such unauthorized use.

You agree not to collect or harvest any personally identifiable information, including account names, from the Website or Applications, nor to use the communication systems provided by the Websites or Applications for any commercial solicitation purposes. 

Cali Fresh LLC DBA Tapatios may refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Intellectual Property Rights

All content on the Website and Applications, except all User Submissions (as defined below), including text, software Tapatios, photos, sounds, and the like ("Content") are owned by or licensed to , subject to copyright and other intellectual property rights. Content on the Website and Applications is provided to you AS IS for your information and personal use only. 

You agree to not use, copy, or distribute any Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. 

User Submissions

The Website or Applications may permit users to submit photos, videos or other communications ("User Submissions"). You understand that Tapatios does not guarantee any confidentiality with respect to any User Submissions. You agree that Tapatios may publish your name and User Submission on the Website, Applications or in other press releases or media items. 

You also warrant that: (i) you own or have the necessary permissions to use and authorize Cali Fresh LLC DBA Tapatios to use all content in the User Submissions; and (ii) you have the written permission of each identifiable individual person in the User Submission to use their name or likeness in the User Submissions. You further agree that you will not: (i) submit material that is subject to third-party proprietary rights, unless you own such rights or have permission to post the material and to grant Tapatios all license rights granted herein; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iii) impersonate another person. 

Tapatios will block and remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Tapatios may remove Content and User Submissions without prior notice. 

Tapatios may also decide whether Content or a User Submission is appropriate and complies with these Terms of Use, and remove User Submissions and/or terminate a User's access at any time, without prior notice and at its sole discretion. 

You understand that you may be exposed to User Submissions that are inaccurate, offensive, or objectionable. You hereby waive any legal or equitable rights or remedies against Tapatios with respect thereto. 

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE TAPATIOS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TAPATIOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TAPATIOS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF ANY CONTENT ON THE WEBSITE OR APPLICATIONS. TAPATIOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TAPATIOS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TAPATIOS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE GOOD JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

Limitation of Liability

IN NO EVENT SHALL TAPATIOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE OR APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.


YOU SPECIFICALLY ACKNOWLEDGE THAT TAPATIOS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 


The Website and Applications are controlled and offered by Cali Fresh LLC DBA Tapatios from its facilities in the United States of America. Tapatios makes no representations that the Website and Applications are appropriate or available for use in other locations. Those who access or use the Website and Applications from other jurisdictions do so at their own volition and are responsible for compliance with local law. 

Indemnity

You agree to defend, indemnify and hold harmless Tapatios, its affiliates, franchisees, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and Applications; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website and Applications. 

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are competent to enter into the terms, conditions, and warranties set forth in these Terms of Use, and to comply with these Terms of Use. 

You also affirm that you are over the age of 13, as the Website and Applications are not intended for children under 13. If you are under 13 years of age, then please do not use the Website or Applications. Talk to your parents about what sites and applications are appropriate for you. 

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tapatios without restriction. 

Cali Fresh LLC DBA Tapatios Intellectual Property

The Website and Applications contain trademarks, service marks and logos owned and used by Cali Fresh LLC DBA Tapatios, its affiliates and franchisees. All applicable national and international laws protect these trademarks and related proprietary property from reproduction and simulation, without the express written permission of Tapatios.

The text, graphics and html code contained in the Website and Applications are the exclusive property of Cali Fresh LLC DBA Tapatios. Except where otherwise noted, the text, graphics and html code may not be copied, distributed, or transmitted in any form without the express written permission of Tapatios. 


Arbitration

BECAUSE OF THE MUTUAL BENEFITS WHICH PRIVATE BINDING ARBITRATION CAN PROVIDE, BOTH YOU AND CALI FRESH LLC DBA TAPATIOS AGREE THAT ANY CLAIM OR CONTROVERSY ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE APPLICATIONS SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. ALL MATTERS RELATING TO ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1‐16, AND NOT BY ANY STATE ARBITRATION LAW, AND SHALL BE ARBITRATED IN MADISON, WISCONSIN, PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. 


Nothing herein shall prevent Tapatios from obtaining from a temporary restraining order or preliminary injunctive relief to preserve the status quo or to prevent any irreparable harm pending the arbitration of the underlying claim or controversy.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE BASIS. WE ALSO AGREE THAT ANY ARBITRATION PROCEEDING BETWEEN US MAY NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION BETWEEN CALI FRESH LLC DBA TAPATIOS AND ANY OTHER PERSON. YOU AND TAPATIOS  BOTH UNDERSTAND THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH ARE GIVING UP THEIR RIGHT TO TRIAL BY JURY OF ANY INDIVIDUAL, CLASS-WIDE, OR OTHER CLAIM THAT EITHER MAY HAVE AGAINST THE OTHER, EXCEPT AS EXPRESSLY PROVIDED HEREIN. 


General

You agree that: (i) the Website and Applications shall be deemed solely based in Wisconsin; and (ii) the Website and Applications shall be deemed passive websites and applications that do not give rise to personal jurisdiction over Tapatios, either specific or general, in jurisdictions other than Wisconsin. These Terms of Use shall be governed by the laws of the State of Wisconsin. These Terms of Use, together with the Privacy Policy and any other legal notices published by Tapatios on the Website or Applications, shall constitute the entire agreement between you and Tapatios concerning the Website and Applications. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a continuing waiver of such term, and the failure by Tapatios to assert any right under these Terms of Use shall not constitute a waiver of such right. Tapatios may amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. YOU AND TAPATIOS AGREE THAT ANY CAUSE OF ACTION ARISING FROM OR RELATED TO THE WEBSITE AND APPLICATIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR BE PERMANENTLY BARRED. 

These Terms of Use were updated as of October 13, 2020. 

resh LLC DBA Tapatios