These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. Each time you access, use or the Application, you acknowledge your acceptance of the then-current Terms.
2) Permitted Users of Application
This Application is directed to persons 18 years of age or older. This Application and District Taco do not knowingly collect information from persons under age 18 or children under age 13. If you are under 18 years of age, you may visit, browse and use the information on the Application, but you may not submit any personal information to the Application. If you are under age 13, you are not permitted to use this Application or to submit any personally identifiable information to the Application.
3) Permitted Use of Application
The content available through the Application (the “Content”) is the sole and exclusive property of District Taco and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Application or the Content other than as expressly authorized by District Taco in writing. Use of the Application or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Application by any means other than through a standard web browser or the District Taco mobile application.
So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by District Taco, you are permitted to view and use the Application and the Content solely for your own information and for purchase of the products or services offered here. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Application or the Content unless expressly authorized by District Taco. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Application or in the Content.
Special terms may apply to some products or services offered on the Application, or to any sweepstakes, contests or promotions that may be offered on the Application. Such special terms (which may include official rules) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. Any such special terms are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.
5) Proprietary Rights
You acknowledge and agree that, as between District Taco and you, all right, title, and interest in and to the Application and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by District Taco or its licensors and are protected by United States intellectual property laws and other applicable laws.
Copyright: All content included in the Application, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of District Taco or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Application for the sole purpose of placing an order on the Application; using the Application as a resource; or using the Application for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Application, is strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Application are proprietary to District Taco. Without limiting the foregoing, District Taco and DT are registered trademarks of District Taco. Unauthorized use of any trademark of District Taco may be a violation of trademark laws. Any third party names or trademarks referenced in the Application do not constitute or imply affiliation, endorsement or recommendation by District Taco or of District Taco by the third parties.
6) Your Indemnity of District Taco
7) User Generated Content
Communications Services: The Application may contain galleries for blogs, chat areas, forums, comments and rankings, contests, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with District Taco, the Application and other users of the Application (collectively, “Communication Services”). Where the Application seeks your submissions, you acknowledge that your submissions may be or become available to others. You agree to use the Communication Services only for your personal use in connection with your personal information and enjoyment of the Application. You agree only to post, send and receive messages and materials that are proper and related to the particular Communication Service.
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and District Taco reserves the right to determine what types of conduct it considers to be inappropriate use of the Application. In the case of inappropriate use, the Application moderator may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Use the Application or the Content for any purpose or make any other actions in violation of local, state, national, or international laws or regulations.
- Take any action that imposes an unreasonable or disproportionately large load on the Application’s infrastructure or otherwise in a manner that may adversely affect performance of the Application or restrict or inhibit any other user from using and enjoying the Communication Services or the Application.
- Use the Application for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or any other materials or information available from the Application.
- Aggregate, copy, duplicate, publish, or make available to third parties outside the Application in any manner any of the Content or any other materials or information available from the Application.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, libelous, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Use the Application to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Engage in any other action that, in the judgment of District Taco, exposes it or any third party to potential liability or detriment of any type.
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via the Application (“Submission”). All Submissions are subject to these Terms. District Taco is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, complete and correct in all material respects, is your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning District Taco’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.
By making a Submission, you grant District Taco and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and state of residency, in District Taco’s discretion, on the Application or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
Links to Other Web Applications and Search Results: The Application may contain links to web Applications operated by other parties. The Application provides these links to other web Applications as a convenience, and your use of these Applications is at your own risk. The linked Applications are not under the control of District Taco and District Taco is not responsible for the content available on these third party Applications. Such links do not imply endorsement of information or material on any other Application and District Taco disclaims all liability with regard to your access to, use of or transactions with such linked web Applications. You acknowledge and agree that District Taco shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other Application or resource.
Links to the Application: You may link another webApplication to the Application subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of District Taco or the Application; (ii) the appearance, position and other attributes of the link may not create the false appearance that your Application, business, organization or entity is sponsored by, affiliated with, or associated with District Taco or the Application; (iii) when selected by a user, the link must display the Application on full-screen and not within a “frame” on the linking webApplication; and (iv) District Taco reserves the right to revoke its consent to the link at any time and in its sole discretion.
9) Modifications to Application
District Taco reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application, or any portion thereof, with or without notice. You agree that District Taco shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Application.
10) Application Account and Payment
To register and become a member of our Application, use your valid email address and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the Application in a manner consistent with these Terms and District Taco has no obligation to investigate the authorization or source of any such access or use of the Application.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS APPLICATION BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS APPLICATION IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Application’s security.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You acknowledge and agree that for each order you place through the Application, the full cost of products you order (for which prices are subject to change without notice) assessed against your credit card, charge card, restaurant-specific gift card, or restaurant-specific cash card. You acknowledge and agree that a SMS or web browser command originating from your Account constitutes an authorization for the Application to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your Account, regardless of whether you actually receive the Products. The Application will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the Application.
Payments made in connection with our online and mobile ordering systems are processed by Shopify, LevelUp and/or OLO. By accessing and using our applications, you additionally agree to be bound by Shopify, LevelUp and OLO’s respective terms of service (https://www.shopify.com/legal/terms, https://www.thelevelup.com/terms and http://www.olo.com/terms), which include authorization for Shopify, LevelUp and OLO to charge your payment instrument. Please read their terms to understand how payments are handled and the data security and privacy afforded such information.
11) Suspension and Termination Rights
District Taco reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Application for any reason, including without limitation any breach by you of these Terms. You agree that District Taco shall not be liable to you or any third party for any such suspension or termination.
THE APPLICATION AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE APPLICATION, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISTRICT TACO AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Application is free of viruses or other harmful code
13) Limitation on Liability
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
14) Governing Law and Disputes
These Terms shall be governed by, and will be construed under, the laws of the Commonwealth of Virginia, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in or for Arlington County in the Commonwealth of Virginia, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. Any cause of action or claim you may have with respect to these Terms, District Taco, the Application or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
The Application is controlled within the United States of America. Those who choose to access the Application from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. District Taco does not represent that the Application or Content are appropriate outside the United States of America.
15) Force Majeure
District Taco shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms set forth the entire understanding and agreement between you and District Taco with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. District Taco’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of District Taco, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms.
A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to DT and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at email@example.com.
Personal Information You Provide to Us.
- We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, gender, and password when you create an account for our Services (“Account”).
- We retain information on your behalf, such as past orders through your Account. When you place an order on the Application to pick up in one of our stores, we collect information necessary to process your order. However, all credit card information on the Application or Services is processed by service providers, and we will not have access to or see your credit card information as part of such transaction.
- If you use our Services on your mobile device, including through our Application(s), we may collect your phone number and the unique device identification number.
- If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can either reinstall the Application(s) or deactivate Location Services on your mobile device.
- Our mobile homepage lets you store preferences like your location, safe search settings, and favorite widgets. We may associate these choices with your ID or the mobile device, and you can edit these preferences at any time on our mobile homepage.
- When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
- Certain Services may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
- If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
- We may also collect Personal Data, such as at other points in our Application that state that Personal Data is being collected. If you tell us where you are, we may store and use that information to provide you with location-based information.
Information Collected via Technology.
- Information Collected by Our Servers. To make our Application and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
- Information Collected from Third Party Companies. We may receive Personal and/or Anonymous Data about you from companies that provide our Services, including LevelUp, the provider of our mobile application, and OLO, Inc., the provider of our web site. These third party companies may supply us with Personal Data. We may add this information to the information we have already collected from you via our Application and Services.
- Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our Application. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Application(s), and information about the type of device you use. In addition, in the event our Application(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application(s). This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
- Use of Your Personal Data.
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
- To administer your Account;
- To fulfill your orders, including by communicating them to our local stores;
- To provide you with Services and customer support;
- To tailor the features of the Application or Services to you;
- To respond to your requests, resolve disputes and/or troubleshoot problems;
- To communicate with you about the Application and the Services.
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Application navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
- Third Parties Designated by You. When you use the Services, the Personal Data you provide will be shared with the third parties that you authorize to receive such information.
- Third Party Service Providers. We may share your Personal Data with our third party service providers that help us provide Services that we offer you through our Application and/or Services.
- Your Choices Regarding Your Information. You have several choices regarding use of information on our Services:
- If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the web Applications you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.
- Changing or Deleting Your Personal Data. You may review, update, correct or delete the Personal Information in your Account by contacting us. If you completely delete all of your Personal Information, then your account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. Please remember, however, if we have already disclosed some of your Personal Data to third parties, we cannot access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.
- Security of Your Personal Data.
- For online payments we use the payment services of Shopify, OLO, and LevelUp (https://www.shopify.com/, https://www.thelevelup.com, and http://www.olo.com). We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to https://www.shopify.com/legal/terms, https://www.thelevelup.com/terms and http://www.olo.com/terms.
- DT is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while DT uses reasonable efforts to protect your Personal Data, DT cannot guarantee its absolute security.