BuyTaco - Taco, Inc.

Terms of Use

This Web site (the “Web site”) is offered to you by Taco Inc., 1160 Cranston Street, Cranston RI 02920 (referred to herein as the “We” or the “Company”) on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of the Web site (the “Terms of Use”). YOU AGREE TO READ THE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE. YOU MAY NOT ACCESS OR USE THE WEB SITE UNLESS YOU AGREE TO THEM. By using the Web site, you acknowledge that you have read the Terms of Use and you agree to accept them. The Company reserves the right to change the Terms of Use at any time in its sole discretion, by posting notice of such changes on the Web site.

COMMERCIAL USE

The Web site is for your use for direct commercial dealings with the Company. You may download and copy information from the Web site for such purpose, and in accordance with these Terms of Use, as long as you maintain all copyright and other notices contained in the content.

UNLAWFUL AND PROHIBITED USE

You warrant to the Company that you will not use Web site for any purpose that is unlawful or prohibited by the Terms of Use.

PROHIBITED ACTIVITIES

If the Web site contains chat areas, forums, communities, bulletin board services, news groups, e-mail service or other message or communication facilities, you agree not use the Web site to:

• Post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, disruptive to the Web site, hateful, or racially, ethnically or otherwise objectionable, or that infringes upon the copyright, patent, trademark, trade secret, right of privacy, publicity right or other intellectual property or proprietary right of any third party;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Web site;
• Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized by the Company;
• Disrupt or interfere with the operation of the Web site or any servers or networks connected to the Web site service;
• Violate any applicable local, state, national or international law;
• Collect or store personal data about other users.

The Company in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to delete from the Web site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason.

ACCESS RESTRICTION

The Company may, in its sole discretion, deny any user access to this Web site or any portion of the site without notice.

INDEMNITY

You agree to indemnify and hold the Company harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) which arise out of, are connected with or directly relate to your wrongful or unlawful use of the Web site or any breach of any representation or warranty made by you in this Agreement.

USE OF INFORMATION

Any communication, information or other material you transmit or post to the Web site, by electronic mail or otherwise (other than personally identifiable information about you), including any answers to questions, comments, suggestions, or other data supplied by you is, and will be treated as, non-confidential and non-proprietary. You hereby grant to the Company a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, distribution, advertising, marketing, promotion, research, broadcast, display, modification, syndication, licensing and posting. The Company’s use of personally identifiable information, as well as the Company’s use of cookies and other tracking methods, is governed by the terms of its Privacy Policy. By accepting the Terms of Use, you expressly consent to disclosures of such personally identifiable and other personal information to third parties, and to the Company’s use of your information, as enumerated in then-current Privacy Policy, which is incorporated herein by reference. Because the Privacy Policy may change from time to time, you should also review it regularly for updates.

LINKS TO OTHER WEB SITES

The Web site may contain links to Web sites operated by parties other than the Company.  The links are provided for your convenience only. The Company does not control such third party Web sites and is not responsible for the content on such Web sites.  Absent express language to the contrary, the Company does not intend links contained on the Web site to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.

Limitation of Liability

Information or advice received from this Web site should not be relied upon for personal, medical, legal or financial decisions.  You should consult an appropriate professional for specific advice tailored to your situation.  THE COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THIS WEB SITE.  ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER.  WITHOUT LIMITING THE FOREGOING SENTENCE, THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR  LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE.  THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

RELATIONSHIP

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership joint venture or other form of joint enterprise between you and the Company.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

• you have full right and power to enter into and perform these Terms of Use; and have secured all third party consents necessary to enter into these Terms of Use;
• all factual assertions that you have made and will make to the Company are true and complete;
• you are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to agree to the Terms of Use.

GENERAL

This Agreement is governed by the laws of the United States and of the State of Rhode Island.  You consent to the exclusive jurisdiction and venue of state and federal courts located in Rhode Island, U.S.A. in all disputes arising out of, or relating to, use of the Web site. Use of this the Web site is unauthorized in any jurisdiction that does not give effect to all provisions of the terms, conditions and notices of the Web site and this Agreement, including this paragraph.

In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms. Any delay or failure on the part of the Company to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Use, including without limitation all of your representations, warranties and indemnification obligations.

This Agreement contains the entire understanding and agreement of the parties with respect to the use of the Web site. It supersedes all prior oral or written understandings and agreements relating to use of the Web site. Company’s waiver of any provision of this Agreement shall not be deemed to waive it for the future.

COPYRIGHT AND TRADEMARK NOTICES:

© 2008 Taco, Inc. All rights reserved. [COMPANY TRADEMARKS] are trademarks of Taco, Inc. All other trademarks, product names, and company names or logos cited herein remain the property of their prespective owners.

Privacy Policy

Cookies are small pieces of information stored on your hard drive, not on our site.  We use cookies on our site for a number of reasons.  First, cookies can help us provide information that is targeted  to your interests.  Second, cookies allow us to better understand how users use our site, which in turn helps us focus our resources on features that are most popular with our users.  You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.

We use your IP address to help diagnose problems with our server, and to administer our Web site. We also collect demographic and user profile information, which is used to display content tailored to your preferences. We do not provide information which identifies you as an individual. Your identity as an individual will never be willfully intentionally disclosed by Taco to anyone outside Taco without your consent.

The registration form requires users to give us contact information (like their name and E-mail address) and unique identifiers (like their user ID). This information is used to contact the visitor as necessary.

While the Company has relationships with business partners and co-branded sites, we do not share customer information. Each Taco Inc. partner may or may not have a privacy policy and customers should review such policies before providing information to those business partners.

Although your privacy is very important to us, due to the existing legal and technical environment, we cannot fully ensure that your private communications and other personally identifiable information will not be disclosed to third parties.  For example, we may be forced to disclose information to the govenment or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications.  Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to invenstigate or resolve problems or inquiries.

SECURITY

The Web site has security measures in place to protect the loss, misuse and alteration of the information under our control. These security measures include state-of-the-art firewall, physical protection in a data center, and strong password protection for data administration.  Please note, however, that "perfect security" does not exist on the Internet.