Terms of Service

Effective Date: June 4, 2026  |  Last Updated: June 4, 2026

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 cabana-taco.top (the "Site"), as well as any related services, features, content, applications, and products offered by Cabana Taco (collectively, the "Services").

By visiting our Site, placing an order, creating an account, or otherwise engaging with 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. If you are using our Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to that entity.

You must be at least eighteen (18) years of age to use our Services. By using the Site, you represent and warrant that you are at least 18 years old and possess the legal authority to enter into this Agreement. If you are under 18 years of age, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Cabana Taco reserves the right to modify, amend, or update these Terms at any time, with or without prior notice. Continued use of the Site or Services after any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates or changes.

2. Description of Services

Cabana Taco is a food service business operating in the United States, providing customers with a variety of Mexican-inspired food products, including but not limited to tacos, burritos, quesadillas, sides, beverages, and other menu items. Our Services include, without limitation:

• Online Ordering: Customers may place food orders through our website cabana-taco.top for pickup or delivery, where available.
• Menu Browsing: Users may browse our current menu offerings, pricing, and nutritional information (where provided) through the Site.
• Account Management: Customers may create and manage personal accounts to track orders, save preferences, and access loyalty programs.
• Catering Services: Cabana Taco may offer catering services for events, gatherings, and corporate functions, subject to availability and separate catering agreements.
• Promotions and Offers: We may from time to time provide special offers, discounts, coupons, or promotional deals through the Site or associated channels.
• Customer Support: We offer customer support services accessible via the contact information provided in these Terms.

All food products are subject to availability. Menu items, pricing, and availability may vary by location and are subject to change without notice. Cabana Taco reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without liability to you.

Cabana Taco does not guarantee that food items will be free of allergens. Customers with food allergies, dietary restrictions, or special nutritional requirements are encouraged to contact us directly at [email protected] before placing an order to obtain detailed ingredient and allergen information. It is the customer's sole responsibility to ensure that ordered items are appropriate for their individual dietary needs.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Promptly notify Cabana Taco of any unauthorized use of your account or any other breach of security.
• Use the Site and Services solely for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations while using our Services.
• Ensure that any contact information or payment details provided to us are accurate and up to date.
• Accept responsibility for all activities that occur under your account.

3.2 Prohibited Activities

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

• Using the Site for any unlawful, fraudulent, or deceptive purpose, or in any manner that violates applicable federal or state laws, including but not limited to the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Attempting to gain unauthorized access to the Site, our servers, databases, or any related systems or networks.
• Transmitting any viruses, malware, spyware, or other harmful or destructive code through the Site.
• Engaging in data scraping, harvesting, or extraction of any content from the Site without our prior written consent.
• Circumventing, disabling, or otherwise interfering with any security features of the Site.
• Using automated tools, bots, scripts, or other software to access or interact with the Site in any way not authorized by Cabana Taco.
• Posting, submitting, or transmitting any content that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable.
• Reselling, redistributing, or commercially exploiting any part of the Services without our express written permission.
• Placing fraudulent or fictitious orders, or abusing any promotional offers, discount codes, or loyalty programs.
• Collecting personal information of other users from the Site without their consent.
• Engaging in any activity that could damage, disable, overburden, or impair the functioning of the Site or our servers.
• Attempting to reverse engineer, decompile, or disassemble any portion of the Site or its underlying software.

Cabana Taco reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation, reporting such activity to law enforcement authorities.

4. Intellectual Property Rights

The Site and all of its contents, features, and functionality — including but not limited to text, graphics, photographs, logos, trademarks, service marks, trade names, images, audio, video, software, data compilations, and the overall design and layout of the Site — are owned by Cabana Taco, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Cabana Taco name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Cabana Taco or its affiliates. You may not use such marks without the prior written permission of Cabana Taco. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services strictly in accordance with these Terms, solely for your personal, non-commercial use. This license does not include the right to:

• Modify or copy the materials on the Site, except as necessary for normal use of the Service.
• Use any materials for commercial purposes or for any public display, whether commercial or non-commercial.
• Remove or alter any copyright, trademark, or other proprietary notices from the Site.
• Transfer the materials to another person or "mirror" the materials on any other server.

Any unauthorized use of the intellectual property contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Cabana Taco reserves all rights not expressly granted in these Terms.

If you believe that any content on the Site infringes upon your intellectual property rights, please contact us immediately at [email protected] with the subject line "IP Infringement Notice," providing sufficient detail to enable us to investigate your claim.

5. Payment Terms

When you place an order through the Site, you agree to pay all charges associated with your order, including the price of food items, applicable taxes, service fees, and delivery charges (if applicable). All prices are listed in United States Dollars (USD) and are subject to change without notice.

By providing payment information, you represent and warrant that: (a) you are authorized to use the payment method provided; (b) the payment information you provide is true, correct, and complete; and (c) you will pay all charges incurred by you or any user of your account at the prices in effect when such charges are incurred.

Cabana Taco accepts various forms of payment as displayed on the Site at the time of purchase, which may include major credit cards, debit cards, and third-party payment processors. All payment transactions are processed through secure third-party payment gateways, and we do not store complete credit card information on our servers.

All sales are final once an order has been confirmed and preparation has commenced. Refunds or credits may be issued at the sole discretion of Cabana Taco in cases of order errors attributable to Cabana Taco, quality issues, or other circumstances deemed appropriate by our management. Requests for refunds or order corrections must be submitted promptly to [email protected].

Cabana Taco reserves the right to cancel any order at any time if we suspect fraud, unauthorized use of payment methods, or violations of these Terms. In the event of a cancellation, any charges will be fully refunded to the original payment method.

Applicable sales taxes will be calculated and applied to your order in accordance with the laws of the state and locality where the transaction takes place.

6. Disclaimers

Cabana Taco does not endorse any third-party websites, services, or content that may be linked from the Site. We have no control over such third-party sites and are not responsible for their content, practices, or policies. Accessing third-party websites through links on the Site is done entirely at your own risk.

All food-related information, including nutritional data, ingredient lists, and allergen information provided on the Site, is provided for general informational purposes only. Customers with specific dietary needs, food allergies, or health conditions should consult with a medical professional before consuming our products and should always verify ingredient information directly with our staff.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

7. Limitation of Liability

In no event shall the total aggregate liability of Cabana Taco to you for all claims arising out of or in connection with your use of the Services exceed the greater of: (a) the total amount paid by you to Cabana Taco in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred United States Dollars ($100.00).

The limitations of liability set forth in this section reflect a reasonable allocation of risk between the parties and are a fundamental basis of the bargain between you and Cabana Taco. Some jurisdictions do not allow the limitation of liability for certain types of damages; in such jurisdictions, Cabana Taco's liability shall be limited to the maximum extent permitted by applicable law.

8. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Cabana Taco, its owners, operators, officers, directors, employees, agents, affiliates, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation;
• Your use of the Site or Services in an unauthorized or improper manner;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or consumer protection rights;
• Any content or materials you submit, post, or transmit through the Site;
• Your negligent or wrongful conduct, or that of anyone using your account;
• Any fraudulent or false information provided by you to Cabana Taco;
• Any dispute between you and any third party in connection with the Services.

Cabana Taco reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of such claims. You agree not to settle any such matter without the prior written consent of Cabana Taco. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Cabana Taco operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding between you and Cabana Taco relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such action or proceeding in such courts.

To the extent that applicable federal consumer protection laws govern your interaction with Cabana Taco, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and applicable regulations promulgated thereunder, such laws are expressly incorporated herein. For users located in California, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq., and the California Consumer Legal Remedies Act (CLRA), Cal. Civ. Code § 1750 et seq., may provide additional rights and protections, which we respect and honor in accordance with our Privacy Policy.

Notwithstanding the foregoing, Cabana Taco reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent unauthorized use of intellectual property or other violations that could cause irreparable harm.

10. Dispute Resolution

10.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services ("Dispute"), the parties agree to first attempt to resolve the matter informally. You agree to contact Cabana Taco at [email protected] with a written description of the Dispute and your proposed resolution. Cabana Taco will have thirty (30) calendar days from receipt of your written notice to respond and attempt to reach an amicable resolution. Both parties agree to negotiate in good faith during this period before pursuing any other remedy.

10.2 Binding Arbitration

If the parties are unable to resolve a Dispute through informal negotiation within thirty (30) days of the initial notice, either party may elect to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be conducted by a mutually agreed-upon arbitration organization, such as the American Arbitration Association (AAA), in accordance with its Commercial Arbitration Rules (or Consumer Arbitration Rules, as applicable), which are available at www.adr.org. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on both parties.

The arbitrator shall have authority to award any remedy available at law or in equity, but shall not have authority to award punitive damages except to the extent authorized by statute. The arbitrator's award shall be in writing and shall include findings of fact and conclusions of law sufficient to explain the basis for the award.

The costs of arbitration, including the arbitrator's fees, shall be shared equally between the parties, unless the arbitrator determines that one party is the prevailing party, in which case costs may be allocated accordingly. Each party shall bear its own attorneys' fees unless the arbitrator determines that an award of attorneys' fees is appropriate.

10.3 Class Action Waiver

10.4 Exceptions

Notwithstanding the foregoing, nothing in this Section shall prevent either party from seeking emergency injunctive or provisional relief from a court of competent jurisdiction where such relief is necessary to prevent irreparable harm pending the conclusion of arbitration proceedings.

11. User-Generated Content

If you submit, post, or otherwise transmit any reviews, comments, feedback, photographs, or other content ("User Content") to or through the Site, you grant Cabana Taco a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the operation and promotion of our Services.

You represent and warrant that: (a) you own or have the right to submit the User Content; (b) the User Content does not violate the rights of any third party; and (c) the User Content does not contain false, defamatory, or misleading statements. Cabana Taco reserves the right to remove any User Content at our sole discretion without notice.

12. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Site or Services, or maintain an account with Cabana Taco, whichever is longer. Certain provisions of these Terms, by their nature, will survive termination, including but not limited to those relating to intellectual property, disclaimers, indemnification, limitation of liability, and dispute resolution.

Cabana Taco reserves the right, in its sole discretion, to:

• Terminate or suspend your access to the Site and Services, with or without notice, for any reason, including but not limited to your breach of these Terms.
• Delete your account and any associated data in accordance with our Privacy Policy and applicable law.
• Refuse service to any person or entity at any time, for any reason not prohibited by law.

You may terminate your account and stop using the Services at any time by contacting us at [email protected]. Upon termination, your right to use the Site and Services will immediately cease. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for completed orders.

Cabana Taco shall not be liable to you or any third party for any termination of your access to the Site or Services, provided that such termination is conducted in accordance with these Terms and applicable law.

13. Changes to Terms

Cabana Taco reserves the right to modify, revise, update, or replace any portion of these Terms at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where practicable, provide notice through the Site or via email to registered users.

Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must immediately stop using the Site and Services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. Material changes to these Terms will be highlighted or otherwise communicated to the extent reasonably practicable. Cabana Taco shall not be liable for any failure on your part to review and understand any changes to these Terms.

14. Privacy and Data Protection

Cabana Taco is committed to protecting your privacy. The collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and can be accessed on our Site. By using our Services, you consent to the practices described in our Privacy Policy.

For users located in California, Cabana Taco acknowledges and respects your rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), including your rights to access, delete, correct, and opt out of the sale or sharing of your personal information. To exercise these rights, please contact us at [email protected].

Cabana Taco maintains reasonable administrative, technical, and physical safeguards to protect your personal information. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security of your data.

15. Third-Party Services and Links

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Cabana Taco. These links are provided for your convenience and informational purposes only. Cabana Taco has no control over the content, privacy policies, terms of service, or practices of any third-party sites or services, and we do not endorse any third-party products, services, or websites.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit. Cabana Taco shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by your use of any third-party sites or services.

Cabana Taco may use third-party service providers for payment processing, order fulfillment, delivery services, and other operational functions. These providers are subject to their own terms and conditions, which you may be required to agree to as part of the service experience.

16. Food Safety and Health Notices

Cabana Taco is committed to maintaining high standards of food safety and quality in compliance with applicable federal and state food safety regulations, including guidelines established by the U.S. Food and Drug Administration (FDA) and relevant state health departments. All food products are prepared in accordance with applicable food handling, storage, and preparation standards.

Cabana Taco makes no warranties, express or implied, regarding the suitability of any food product for any particular dietary need, health condition, or medical requirement. Customers are solely responsible for determining whether any food product is appropriate for their individual health circumstances.

Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness. Individuals who are pregnant, elderly, immunocompromised, or otherwise at elevated risk should exercise caution when consuming certain food products. Please consult your healthcare provider for personalized dietary guidance.

In the event of a food safety concern or incident, please contact us immediately at [email protected] so that we may investigate and take appropriate corrective action.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements, policies, or guidelines expressly incorporated herein by reference, 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, understandings, and negotiations, whether oral or written, between you and Cabana Taco relating to such subject matter.

No oral representations or prior agreements outside these Terms shall modify or supplement this Agreement. Any amendments to these Terms must be made in writing and posted to the Site in accordance with Section 13 above.

18. Waiver

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. No waiver of any right or provision under these Terms shall be effective unless made in writing and signed by an authorized representative of Cabana Taco. A waiver by Cabana Taco of any particular breach or default shall not constitute a waiver of any other breach or default, whether of the same or different nature.

19. Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or contrary to public policy for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of any individual provision.

The parties agree that any court or arbitrator shall give effect to their intentions as reflected in these Terms to the greatest extent possible, and that the invalidity of any portion of these Terms shall not invalidate the overall Agreement between the parties.

20. Force Majeure

Cabana Taco shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions or regulations, labor disputes, supply chain disruptions, power failures, internet outages, cyberattacks, or any other circumstances beyond our reasonable control ("Force Majeure Event"). In the event of a Force Majeure Event, Cabana Taco shall provide notice to affected customers as soon as reasonably practicable and shall use commercially reasonable efforts to resume performance as quickly as possible.

21. Assignment

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

22. Electronic Communications

By using the Site and Services, you consent to receive electronic communications from Cabana Taco, including but not limited to order confirmations, receipts, promotional materials, and notices regarding changes to our Terms or policies. These electronic communications satisfy any legal requirement that communications be in writing. You may opt out of receiving promotional communications at any time by following the unsubscribe instructions included in such communications or by contacting us at [email protected].

Transactional communications related to your orders and account, such as order confirmations and receipts, are necessary for the operation of our Services and may not be subject to opt-out.

23. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to exercise any rights described herein, please contact Cabana Taco using the following information:

We will use commercially reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters relating to food safety, please indicate "URGENT – FOOD SAFETY" in the subject line of your email to ensure prompt attention.

These Terms of Service were last updated on June 4, 2026. Cabana Taco reserves all rights not expressly granted herein. By continuing to use the Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.