Terms of Service - Ernesto's Mexican Taco Shop

Welcome to Ernesto’s Mexican Taco Shop. These Terms of Service (“Terms”) govern your access to and use of our website, services, and any related products (collectively, the “Services”). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

1. Use of Services

a. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into a binding agreement.

b. Account Registration

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.

c. Prohibited Conduct

You agree not to:

Use the Services for any illegal or unauthorized purpose.
Interfere with or disrupt the integrity or performance of the Services.
Attempt to gain unauthorized access to any part of the Services or related systems.
Use the Services to transmit any harmful, offensive, or unlawful content.

2. Orders and Payments

a. Placing an Order

When you place an order through our Services, you agree to provide accurate and complete information. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order at our discretion.

b. Pricing and Payment

All prices are listed in dollar and are subject to change without notice. Payment must be made at the time of order using an accepted payment method. By providing payment information, you represent and warrant that you are authorized to use the payment method.

c. Delivery and Pickup

We will make reasonable efforts to deliver your order within the estimated timeframe. However, we are not responsible for delays or failures in delivery due to circumstances beyond our control. If you choose to pick up your order, you agree to do so within the time specified at the time of order.

d. Refunds and Cancellations

Refunds and cancellations are subject to our [Refund and Cancellation Policy]. Please review this policy before placing an order.

3. Intellectual Property

a. Ownership

All content, trademarks, logos, and other intellectual property on our Services are the property of Ernesto’s Mexican Taco Shop or its licensors. You may not use, reproduce, distribute, or create derivative works from any content on our Services without our prior written consent.

b. User-Generated Content

If you submit any content (e.g., reviews, comments) to our Services, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, display, reproduce, and distribute your content in connection with our Services. You represent and warrant that you own or have the right to submit such content and that it does not violate any third-party rights.

4. Disclaimers and Limitation of Liability

a. Disclaimers

Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

b. Limitation of Liability

To the fullest extent permitted by law, Ernesto’s Mexican Taco Shop and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill, arising out of your access to or use of, or inability to access or use, the Services.

5. Indemnification

You agree to indemnify and hold harmless Ernesto’s Mexican Taco Shop, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

6. Governing Law and Dispute Resolution

a. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Miami, Florida, without regard to its conflict of law principles.

b. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization] or through small claims court if the claim qualifies. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

7. Changes to These Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website with the “Last Updated” date. Your continued use of our Services after any changes signifies your acceptance of the revised Terms.

8. Termination

We may terminate or suspend your access to the Services at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to our interests or the interests of others.

9. Miscellaneous

a. Entire Agreement

These Terms constitute the entire agreement between you and Ernesto’s Mexican Taco Shop regarding your use of the Services and supersede any prior agreements or understandings.

b. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

c. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.