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Terms and Conditions
TERMS AND CONDITIONS / WEBSITE SERVICE AGREEMENT

PLEASE TAKE A FEW MINUTES TO REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.


1. ACCEPTANCE OF TERMS

This agreement is a legally binding contract between you ("You" or "Your") and Chilorio I, LLC. ("Chilorio's") referred to in these Terms and Conditions as "We", "Us" and/or "Our" regarding Your access to and use of Our web site (the "Site"). By accessing the Site, You agree to the terms and conditions as outlined in this website service agreement. If you do not agree, You should discontinue the use of this Site immediately.

By using CHILORIO I, LLC  (other than to read this Agreement for the first time), You agree to comply with all of the terms and conditions hereof. The right to use this Site is personal to You and is not transferable to any other person or entity. You are responsible for all use of Your Account (under any screen name or password) and for ensuring that all use of Your Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of Your password(s), if any.

The services that CHILORIO I, LLC provides to You are subject to the following Terms and Conditions ("TAC"). CHILORIO I, LLC reserves the right to update the TAC at any time without notice to You. The most current version of the TAC can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of our Web pages.


2. CHANGED TERMS

CHILORIO I, LLC shall have the right at any time to change or modify the terms and conditions applicable to Your use of this Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which You obtain notice thereof. Any use of this Site by You after such notice shall be deemed to constitute acceptance by You of such changes, modifications or additions.

CHILORIO I, LLC shall have the right at any time to change or discontinue any aspect or feature of this Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. 


3. DESCRIPTION OF SERVICES

Through its Web property, CHILORIO I, LLC provides to You with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TAC. 


4. EQUIPMENT

You shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of this Site and all charges related thereto. 


5. YOUR CONDUCT

You shall use this Site for lawful purposes only. You shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without CHILORIO I, LLC's express prior approval, contains advertising or any solicitation with respect to products or services.

Any conduct by You that in CHILORIO I, LLC 's discretion restricts or inhibits any other user from using or enjoying this Site will not be permitted. You shall not use this Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of You to become subscribers of other on-line information services competitive with CHILORIO I, LLC. 

You agree not to:

a. attempt, through any means, to gain unauthorized access to the Site, or another user's account on the Site; or

b. use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained herein without our prior expressed written permission. Additionally, You agree that You will not take any action that imposes an unreasonable or disproportionately large load on Our infrastructure.

The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited. If you are issued a password, You may not disclose or share Your password with any third parties or use Your password for any unauthorized purpose. In any case, You remain solely responsible for any authorized or unauthorized use of Your password.


6. PROPRIETARY RIGHTS RESTRICTIONS

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, messages, files, documents, music, sound and other materials (collectively, the “Materials”), and the entire contents of this Site are copyrighted as a collective work under the USA copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for Your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of CHILORIO I, LLC and/or the copyright owner.

We disclaim any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than our own. Trademarks, logos, images and service marks displayed on the Site are either our property or of third parties, including, but not limited to the following registered trademarks: Chilorio’s®; Chilorio’s Very Mexican®; Always Fresh, Made from ScratchTM; Topless Burrito®; Eat it like it’s hotTM. You agree not to display or use such marks without Our prior written permission.

CHILORIO I, LLC its logos are trademarks of CHILORIO I, LLC Ltd. All rights reserved. All other trademarks appearing on CHILORIO I, LLC are the property of their respective owners.

In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that it does not acquire any ownership rights by downloading copyrighted material.

You shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this Site, You automatically grant, or warrant that the owner of such material has expressly granted CHILORIO I, LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant CHILORIO I, LLC the right to edit, copy, publish and distribute any material made available on this Site by You.



7. USE OF SERVICES

The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable You to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation,

You agree that when using the Communication Services, You will not:

•    Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

•    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, defamatory, obscene, indecent or unlawful topic, name, material or information.

•    Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same.

•    Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

•    Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/malware or programs that may damage the operation of another's computer or property of another.

•    Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

•    Download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

•    Falsify or delete any copyright management information, such as 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.

•    Restrict or inhibit any other user from using and enjoying the Communication Services.

•    Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.

•    Harvest or otherwise collect information about others, including email addresses.

•    Violate any applicable laws or regulations.

•    Create a false identity for the purpose of misleading others.

•    Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of the Services or other use of information or any portion thereof.


CHILORIO I, LLC has no obligation to monitor the Communication Services. However, CHILORIO I, LLC reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. CHILORIO I, LLC reserves the right to terminate Your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. CHILORIO I, LLC reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CHILORIO I, LLC 's sole discretion.  Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if You download the materials. Always use caution when giving out any personally identifiable information in any Communication Services. CHILORIO I, LLC does not control or endorse the content, messages or information found in any Communication Services and, therefore, CHILORIO I, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Services. Managers and hosts are not authorized CHILORIO I, LLC spokespersons, and their views do not necessarily reflect those of CHILORIO I, LLC .


8. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires You to open an account, You must complete the registration process by providing CHILORIO I, LLC with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify CHILORIO I, LLC immediately of any unauthorized use of Your account or any other breach of security. CHILORIO I, LLC will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by CHILORIO I, LLC or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder.


9. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from the Services ("Software") is the copyrighted work of CHILORIO I, LLC and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, CHILORIO I, LLC hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and noninfringement. For your convenience, CHILORIO I, LLC may make available as part of the services or in its software products, tools and utilities for use and/or download. CHILORIO I, LLC does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services. 


10. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (2) no modifications of any Documents are made.
Any other use should have written permission from us.

Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.


11. LINKS TO THIRD PARTY SITES

The links in this area will let you leave CHILORIO I, LLC 's site. The linked sites are not under our the control and CHILORIO I, LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. CHILORIO I, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CHILORIO I, LLC of the site.

CHILORIO I, LLC is a distributor (and not a publisher) of content supplied by third parties and Yous. Accordingly, CHILORIO I, LLC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Yous or any other You of this Site, are those of the respective author(s) or distributor(s) and not of CHILORIO I, LLC . Neither CHILORIO I, LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through this Site represents the opinions and judgments Of the respective information provider. CHILORIO I, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Site by anyone other than authorized CHILORIO I, LLC employee spokespersons while acting in their official capacities. Under no circumstances will CHILORIO I, LLC be liable for any loss or damage caused by a user reliance on information obtained through this Site. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through CHILORIO I, LLC . Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. 


12. UNSOLICITED IDEA SUBMISSION POLICY

CHILORIO I, LLC or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when CHILORIO I, LLC 's products or marketing strategies might seem similar to ideas submitted to CHILORIO I, LLC. So, please do not send your unsolicited ideas to CHILORIO I, LLC or anyone at CHILORIO I, LLC. If, despite our request that you not send us your ideas and materials, you still send them, please understand that CHILORIO I, LLC makes no assurances that your ideas and materials will be treated as confidential or proprietary. 

All remarks, suggestions, ideas, graphics, or other information communicated to Us through the Site or via email (together, the "Submission") will forever be Our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in Our future operations. Without limitation, We will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. By communicating a Submission to us, You hereby assign such Submission to Us. We will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Us have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.




13. MONITORING

CHILORIO I, LLC shall have the right, but not the obligation, to monitor the content of this Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by CHILORIO I, LLC and to satisfy any law, regulation or authorized government request. CHILORIO I, LLC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this Site. Without limiting the foregoing, CHILORIO I, LLC shall have the right to remove any material that CHILORIO I, LLC , in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. 


14. INDEMNIFICATION

You agree to defend, indemnify and hold harmless CHILORIO I, LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of CHILORIO I, LLC by You or Your Account. 


15. TERMINATION

Either CHILORIO I, LLC or You may terminate this Agreement at any time. Without limiting the foregoing, CHILORIO I, LLC shall have the right to immediately terminate Your Account in the event of any conduct by You which CHILORIO I, LLC , in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement. 

16. CARRER OPPORTUNITIES

Specific information about the terms and conditions of employment associated with a particular position, will be set forth on the date of hire. Postings on the Site do not represent an offer of employment. Any offer of employment must be made in person by an authorized representative of Chilorio I, LLC in accordance with Chilorio’s hiring policies and procedures.

17. FRANCHISE OPPORTUNITIES

Some materials on the Site describe future franchise offering. They do not constitute an offering for sale of a franchise. Such offering is only commenced by our delivery of a prospectus to you in compliance with applicable law, including, without limitation, the Federal Trade Commission Rule on Franchising and various state laws regulating the sale of franchised opportunities.


18. GOVERNING LAW; CONSENT TO JURISDICTION

You agree that these Terms and Conditions are governed by the laws of the State of Florida (notwithstanding any principles of conflict of laws) and that proper and convenient venue lies exclusively with the courts State and federal courts sitting in the Central District of Florida. You agree to be subject to the personal jurisdiction of the State and federal courts sitting in or having jurisdiction over Miami-Dade County, Florida, U.S.A. in the event that any litigation results concerning any aspect arising out of these Terms and Conditions.


19. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.  Any rights not expressly granted herein are reserved. 

20. GIFT CARDS

Protect your gift card (TACO CARD) like cash. Lost or stolen gift cards and/or TACO CARD will not be replaced.

No service fees are charged on gift cards.
All sales of gift cards are final and cannot be returned.

Gift cards may not be resold for less than face value.

For balance inquiry or customer service, go to the restaurant where you purchased it. You may redeem this gift card for food and beverages at any participating Chilorio’s Very Mexican®.
 

21. MISCELLANEOUS

This Agreement and any operating rules for this Site established by CHILORIO I, LLC constitute the entire agreement of the parties with respect to the subject matter hereof. The section headings used herein are for convenience only and shall not be given any legal importance. 
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE.

Please CONTACT US if You have any questions or comments about our Terms and Conditions.


22. PRIVACY POLICY

This document describes CHILORIO I, LLC ("Chilorio’s" referred to in this Privacy Policy as "We," "Us" or "Our") policy regarding information received about you while visiting our web site ("the Site"). The information received by Us is dictated by the amount and type of information received while visiting the Site. We respect the privacy concerns of the visitors to the Site and accordingly, no personal information is automatically obtained by visiting the Site. However, We may obtain certain non-personal information from online visitors, including children under the age of thirteen. Such information is collected through cookies and includes, but is not limited to, the total number of visitors to the Site in the aggregate and the name of Internet server.

There may be occasions when We obtain personally identifiable information to provide the visitor with correspondence or otherwise. However, We only gather personally identifiable information, such as names, addresses, e-mail addresses, etc., when a visitor voluntarily submits that information. Such personally identifiable information, which may be gathered in connection with Our on-line visitors, is used solely by Chilorio I, LLC and is not sold, transferred or otherwise disseminated to third parties, nor is this information collected from any online users under the age of thirteen.

When a child under the age of thirteen attempts to provide Us with his or her personal information for submission, we will do our best to notify the child that he or she must be thirteen years of age or older or receive parental permissions before the information may be accepted by Us.


23. PARENTS OR LEGAL GUARDIANS

We strongly encourage all parents to supervise their children's on-line activities and regularly monitor their children's use of the Internet. Parents should consider using parental control tools and other services to assist them in supervising their children's on-line use or on-line disclosure of their name, address or other personal information without parental consent.

We reserve the right to change this policy at any time. Please check this page periodically for changes.
Last updated: 2006-08-30 12:17:54