Terms of Service

Effective Date: May 27, 2026 | Last Updated: May 27, 2026

Please read these Terms of Service carefully before using the website located at food-cabanataco.rest or any services offered by Cabana Taco. By accessing or using our website and services, you agree to be legally bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Cabana Taco ("Company," "we," "us," or "our"), governing your access to and use of the website food-cabanataco.rest (the "Website") and all related services, features, content, and functionality offered by Cabana Taco (collectively, the "Services").

By accessing, browsing, or otherwise using the Website, placing an order, or engaging with any aspect of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, customers, and others who access or use the Services.

If you are using the Services on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In that case, "you" and "your" will refer to that entity.

You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts under applicable law. If you are under 18, you may only use our Services under the supervision and with the consent of a parent or legal guardian who agrees to these Terms.

We reserve the right to update, modify, or replace any part of these Terms at any time. We will notify users of material changes by posting the updated Terms on our Website with a revised effective date. Your continued use of the Website and Services following the posting of any changes constitutes acceptance of those changes.

2. Description of Services

Cabana Taco is a food service establishment operating in the United States. We provide the following services through our Website and physical operations:

Online Menu Browsing: Users may view our current menu offerings, including descriptions, pricing, ingredients, and nutritional information where available.
Online Ordering: Users may place food orders for pickup or delivery through our Website or affiliated third-party platforms.
Catering Services: We offer catering services for private events, corporate functions, and other gatherings, subject to availability and advance booking requirements.
Reservations: Users may make reservations for dine-in experiences through our Website or by contacting us directly.
Promotional and Loyalty Programs: From time to time, we may offer special promotions, discounts, loyalty rewards, or other marketing programs, subject to their own specific terms and conditions.
Customer Support: We provide customer service support via email and phone to assist users with inquiries, complaints, or feedback regarding our food and services.
Informational Content: We publish content relating to our food, brand, recipes, events, and company news for informational and marketing purposes.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. Menu items, pricing, and availability are subject to change without notice and may vary by location.

Some of our Services may be provided by or through third-party service providers, including delivery platforms, payment processors, and reservation systems. Your use of such third-party services may be subject to additional terms and conditions imposed by those third parties, and we encourage you to review those terms carefully.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Website and Services, you agree to:

Provide accurate, current, and complete information when creating an account, placing orders, making reservations, or otherwise interacting with us.
Maintain the confidentiality of your account credentials and notify us immediately if you suspect any unauthorized use of your account.
Use the Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
Respect the intellectual property rights of Cabana Taco and third parties.
Pay for all orders and services in a timely manner using valid payment methods.
Treat our staff, other customers, and representatives with respect and courtesy.
Comply with all applicable health and safety guidelines when visiting our physical location(s).

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities when using our Website or Services:

Using the Website or Services for any unlawful, fraudulent, or harmful purpose.
Attempting to gain unauthorized access to any portion of the Website, other user accounts, or our computer systems or networks.
Using automated tools, bots, scrapers, or similar technologies to extract data from our Website without our express written permission.
Introducing viruses, malware, trojans, or other harmful code into our systems.
Engaging in any conduct that disrupts, damages, or impairs the functionality of the Website or our Services.
Submitting false, misleading, or fraudulent orders, reviews, or other content.
Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
Collecting or harvesting personal information about other users without their consent.
Using our Website to transmit unsolicited commercial communications (spam).
Attempting to reverse-engineer, decompile, or disassemble any software or technology used on our Website.
Engaging in any activity that infringes or violates the intellectual property rights, privacy rights, or other rights of Cabana Taco or any third party.
Posting or transmitting any content that is offensive, defamatory, harassing, obscene, or otherwise objectionable.
Attempting to circumvent any security measures or access controls implemented on the Website.
Using the Services in a manner that could damage our reputation or business interests.

We reserve the right to investigate any suspected violations of these Terms and to take appropriate action, including suspending or terminating your access to the Services, reporting suspected illegal activities to law enforcement authorities, and pursuing civil or criminal remedies to the fullest extent permitted by law.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through our Website and Services are owned by or licensed to Cabana Taco and are protected by applicable United States and international intellectual property laws, including copyright, trademark, trade secret, and other proprietary rights.

4.1 Our Intellectual Property

The following elements are the exclusive property of Cabana Taco and may not be used, reproduced, distributed, modified, or displayed without our prior written consent:

The Cabana Taco name, logo, brand identity, and all related trademarks and service marks.
All text, copy, articles, descriptions, and written content published on the Website.
All photographs, images, graphics, illustrations, and visual content.
All menu designs, recipe descriptions, and food-related creative content.
The overall design, layout, and appearance of the Website (trade dress).
All software, code, and technical elements underlying the Website.
Any other proprietary materials associated with Cabana Taco's brand and operations.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for your personal, non-commercial use in connection with our Services. This license does not include the right to:

Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content.
Use our trademarks, logos, or brand elements without express written authorization.
Create derivative works based on our content without prior written permission.

4.3 User-Generated Content

If you submit, post, or otherwise transmit any content to us (including reviews, feedback, photos, or comments), you grant Cabana Taco a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, publish, and distribute such content in connection with our business operations and marketing efforts. You represent and warrant that you own or have the necessary rights to grant this license and that your content does not violate the rights of any third party.

5. Payment Terms

5.1 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales taxes will be added to your order total in accordance with federal, state, and local tax requirements. We strive to display accurate pricing, but in the event of a pricing error, we reserve the right to cancel or modify affected orders after notifying you of the error.

5.2 Payment Methods

We accept various payment methods as indicated on our Website, which may include major credit cards, debit cards, and other payment platforms. By providing payment information, you represent and warrant that you are authorized to use the payment method and that all payment information is accurate and complete.

5.3 Order Confirmation

An order is not confirmed until you receive a confirmation notification from us. We reserve the right to refuse or cancel any order for any reason, including but not limited to item unavailability, errors in pricing or product descriptions, or suspected fraudulent activity. If your order is cancelled after payment has been processed, we will issue a full refund using the original payment method.

5.4 Refunds and Cancellations

Our refund and cancellation policies are as follows:

Food Orders: Due to the perishable nature of food products, all sales are generally final. If you have received an incorrect, incomplete, or unsatisfactory order, please contact us within 24 hours of receipt to discuss resolution options, which may include a replacement, credit, or refund at our discretion.
Catering Deposits: Catering deposits are non-refundable unless cancellation is made at least 72 hours in advance, as specified in the individual catering agreement.
Online Order Cancellations: Orders may be cancelled without charge if cancelled within a reasonable time before preparation begins. Once food preparation has commenced, cancellations may not be accepted or may be subject to a partial charge.

5.5 Chargebacks

If you believe a charge has been made in error, we encourage you to contact us directly at [email protected] before initiating a chargeback with your financial institution. Fraudulent chargebacks may result in the suspension of your account and may be subject to legal action.

6. Disclaimers and "As-Is" Basis

IMPORTANT DISCLAIMER: Please read this section carefully as it limits our liability to you.

THE WEBSITE AND ALL SERVICES PROVIDED BY CABANA TACO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CABANA TACO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE, INCLUDING MENU INFORMATION, PRICING, NUTRITIONAL DATA, AND INGREDIENT LISTS.
WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS OR SERVICES.

While we make every effort to provide accurate allergen and ingredient information, we cannot guarantee that our food products are free from any specific allergens or contaminants due to the nature of food preparation in shared kitchen environments. Customers with food allergies or dietary restrictions should exercise caution and contact us directly for detailed information before placing an order.

We do not warrant or guarantee that the Website will meet your requirements or expectations, or that any defects will be corrected. Any reliance on content published on our Website is at your own risk.

References to any third-party products, services, or websites on our Website do not constitute an endorsement, recommendation, or approval by Cabana Taco.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND ANY OTHER APPLICABLE CONSUMER PROTECTION STATUTES, IN NO EVENT SHALL CABANA TACO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
PERSONAL INJURY OR PROPERTY DAMAGE NOT DIRECTLY AND PROXIMATELY CAUSED BY OUR PROVEN NEGLIGENCE;
DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT;
DAMAGES ARISING FROM ANY INTERRUPTION OR CESSATION OF SERVICE;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CABANA TACO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CABANA TACO IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Nothing in these Terms shall limit or exclude liability that cannot be excluded under applicable law, including liability for death or personal injury caused by our gross negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited under applicable law.

8. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Cabana Taco and its officers, directors, employees, agents, contractors, affiliates, licensors, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

Your use or misuse of the Website or Services;
Your violation of any provision of these Terms;
Your violation of any applicable law, regulation, or third-party right, including intellectual property rights and privacy rights;
Any content you submit, post, or transmit through or in connection with our Services;
Your negligence, willful misconduct, or fraudulent activity;
Any dispute between you and any other user of our Services or any third party;
Your misrepresentation of any information provided to Cabana Taco.

Cabana Taco reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such matter. You agree not to settle any indemnifiable claim without the prior written consent of Cabana Taco.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms, the Website, or the Services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Cabana Taco is domiciled, without giving effect to any choice of law or conflict of law provisions.

To the extent any dispute is subject to litigation and not resolved through arbitration as set forth in Section 10 below, both parties consent to the exclusive personal jurisdiction of the federal and state courts located in the United States and agree to submit to the personal jurisdiction of such courts. You agree to waive any objection to such venue on grounds of inconvenience or otherwise.

These Terms shall be interpreted in accordance with applicable federal consumer protection laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), which prohibits unfair or deceptive acts or practices in commerce. We are committed to conducting our business in compliance with all applicable federal and state consumer protection regulations.

If you are located in California, you may have additional rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and other California-specific consumer protection statutes. Please refer to our Privacy Policy for more information regarding California-specific rights.

Nothing in this section shall limit your rights as a consumer under applicable mandatory local consumer protection legislation that cannot be contractually waived.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or the Services (a "Dispute") by contacting Cabana Taco in writing at [email protected]. We will endeavor to respond to your inquiry within thirty (30) days. Both parties agree to make a good-faith effort to resolve the Dispute informally within sixty (60) days of your initial notice.

10.2 Binding Arbitration

If the Dispute cannot be resolved informally within the timeframe specified above, any Dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect, except as modified herein. The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or other proprietary rights.

10.3 Class Action Waiver

CLASS ACTION WAIVER: YOU AND CABANA TACO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding.

10.4 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CABANA TACO EACH WAIVE YOUR RESPECTIVE RIGHTS TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICES.

10.5 Time Limitation

Any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred, regardless of any statute of limitations or other law to the contrary. This limitation does not apply where prohibited by applicable law.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Website or Services. These Terms became effective on May 27, 2026 and shall continue indefinitely until terminated by either party in accordance with this section.

11.2 Termination by You

You may terminate your use of the Services at any time by ceasing to access the Website and, if applicable, closing your account by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding payments.

11.3 Termination by Cabana Taco

We reserve the right to suspend or terminate your access to the Website and Services at any time, with or without notice and with or without cause, including but not limited to the following circumstances:

Violation of any provision of these Terms;
Fraudulent, abusive, or illegal conduct;
Non-payment for orders or services;
Providing false or misleading information;
Conduct that we believe is harmful to our business, reputation, or other users;
Upon request from law enforcement or government authorities;
Discontinuation of our Services.

11.4 Effect of Termination

Upon termination of these Terms or your access to the Services for any reason:

All rights granted to you under these Terms will immediately cease;
You must immediately cease all use of the Website and Services;
Any outstanding payment obligations shall remain due and payable;
The following sections shall survive termination: Section 4 (Intellectual Property), Section 6 (Disclaimers), Section 7 (Limitation of Liability), Section 8 (Indemnification), Section 9 (Governing Law), Section 10 (Dispute Resolution), and this Section 11.4.

12. Changes to Terms

Cabana Taco reserves the right to modify, amend, update, or replace these Terms of Service at any time and for any reason, at our sole discretion. We will indicate the date of the most recent update at the top of this page. In the event of material changes that significantly affect your rights or obligations, we will make reasonable efforts to provide prominent notice, which may include:

Posting a notice on our Website homepage;
Sending an email notification to registered account holders;
Displaying a banner or alert on the Website;
Other means of communication as we deem appropriate.

Your continued access to or use of the Website and Services after any changes to these Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Website and Services immediately and notify us of your decision to terminate your account.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check for changes, and your continued use of the Services following the posting of changes will indicate your acceptance of such changes.

No oral statements or representations by our employees or representatives shall constitute a modification to these Terms unless confirmed in writing and signed by an authorized representative of Cabana Taco.

13. Severability

If any provision, clause, or portion of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect or impair the validity, legality, or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

Furthermore, if any provision is found to be inapplicable to any person or circumstance, it shall be deemed severable from and shall not affect any other person or circumstance. The parties agree that any court or arbitrator may modify the Terms to the extent necessary to give effect to the intent of the parties as reflected in the provisions herein.

The failure of Cabana Taco to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision, and shall not operate as a waiver of any future right or provision. No waiver by Cabana Taco of any breach or default of any provision shall be deemed a waiver of any preceding or subsequent breach or default.

These Terms constitute the entire agreement between you and Cabana Taco with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between the parties relating to such subject matter.

14. Additional Provisions

14.1 Force Majeure

Cabana Taco shall not be liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, civil disturbances, war, terrorism, labor disputes, supply chain disruptions, or other events of force majeure. In such circumstances, we will make reasonable efforts to resume normal operations as soon as practicable.

14.2 Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Cabana Taco. Such links are provided for your convenience and informational purposes only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party websites you visit. The inclusion of any link on our Website does not imply endorsement, sponsorship, or recommendation by Cabana Taco.

14.3 Accessibility

Cabana Taco is committed to making our Website and Services accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA). If you experience any difficulty accessing our Website or Services, please contact us at [email protected], and we will make reasonable efforts to accommodate your needs.

14.4 Electronic Communications

By using our Website and Services, you consent to receive electronic communications from us, including emails, text messages (if opted in), and notices posted on our Website. You agree that any such communications satisfy any legal requirement that communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions in our emails or by contacting us directly.

14.5 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Cabana Taco may freely assign these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, without your consent. These Terms shall be binding upon and inure to the benefit of each party and their respective permitted successors and assigns.

14.6 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by Cabana Taco on the Website, constitute the entire agreement between you and Cabana Taco concerning your use of the Website and Services and supersede all prior agreements, representations, and understandings of the parties with respect to such subject matter.

14.7 Headings

The section headings used in these Terms are for convenience only and shall not affect the interpretation of any provision herein.

15. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us through any of the following methods:

Cabana Taco — Legal & Customer Service Contact

Company Name	Cabana Taco
Email Address	[email protected]
Website	food-cabanataco.rest

We strive to respond to all inquiries within three (3) to five (5) business days. For urgent matters related to food safety, allergic reactions, or health concerns, please contact your local health authority or emergency services immediately, in addition to notifying us.

For legal notices required under these Terms, please submit written correspondence to our email address listed above and include "Legal Notice" in the subject line to ensure prompt routing to the appropriate department.

Acknowledgment: By using the Website food-cabanataco.rest and the Services provided by Cabana Taco, you acknowledge that you have read these Terms of Service in their entirety, that you understand them, and that you agree to be legally bound by all of their provisions. If you do not agree to these Terms, your sole remedy is to discontinue your use of our Website and Services.