Pancheros Website Terms of Use

BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY. If you do not agree to these Terms of Use do not access any portion of this Website.

WEBSITE CONTENT

All information and content available on the Website www.Pancheros.com ("Content") is owned by Pancheros Franchise Corporation (“Pancheros”) and is protected by intellectual property laws, including copyright. Except as stated herein, you may not copy, reproduce, distribute, republish, download, upload, post or transmit the Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of Pancheros.  Provided however, you may download one (1) unmodified copy of the Content to one (1) computer, solely for your private, personal and non-commercial use.

OWNERSHIP

All Content downloaded and/or used by you pursuant to these Terms of Use are merely licensed to you in accordance therewith. No right, title, interest or any intellectual property right in any Content shall transfer to you from Pancheros by virtue of these Terms of Use or your use of the Website.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Pancheros, ITS PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, OR THE DESTRUCTION OR UNAUTHORIZED ACCESS TO Pancheros RECORDS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF Pancheros HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT Pancheros TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO Pancheros IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE.

DISCLAIMER

YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT Pancheros MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION.  Pancheros DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) Pancheros DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE INFORMATION; AND (3) Pancheros DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT. YOUR ONLY RECOURSE IS TO DELETE ANY CONTENT IN YOUR POSSESSION AND TO STOP USING THE WEBSITE.

CHANGES

Pancheros may periodically change the information. Pancheros reserves the right to implement such changes, at any time without notice to you. Unless specifically indicated in writing to the contrary, no reference in this website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise shall constitute or imply Pancheros endorsement or sponsorship thereof.

TRANSMISSIONS

You hereby transfer to Pancheros all right title and interest, including the copyright, in all transmissions including, but not limited to, all suggestions and ideas, submitted by you to Pancheros through this Website ("Transmissions"). Accordingly, Pancheros shall own all intellectual property rights in the Transmissions, and shall be entitled to the unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you.  By submitting such Transmissions to this Website, you irrevocably waive all "moral rights" in such Transmissions.

TRADEMARKS

All trademarks used on this Website are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, the Pancheros trademark, the sombrero logo and the phrase “It’s All About the Tortilla!” and all other unique colors, graphics, logos, sounds, images, icons and buttons displayed in this Website ("Marks") are trademarks of Pancheros.  Absent prior written consent from an officer of Pancheros, you may not copy imitate or use any portion of the Marks.

GOVERNING LAW

This is the entire agreement between you and Pancheros relating to your use of this Website. This Agreement shall be governed in accordance with the laws of the State of Iowa.  All disputes under this Agreement shall be resolved by litigation in the courts of the State of Iowa, including the federal courts therein, and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

IMPERMISSIBLE ACTIVITY

You must not use the Website or the Pancheros server to transmit any data which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, profane, obscene or offensive; (4) is pornographic, sexually explicit or indecent; (5) contains false or misleading information (6) inhibits another user from use or enjoyment of this Website; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising.

PERSONALLY IDENTIFIABLE INFORMATION

Submission to Pancheros through this Website of personally identifiable information is strictly voluntary. Pancheros uses such personally identifiable information solely for internal purposes. Pancheros will not share any personally identifiable information provided by you through this Website with any nonaffiliated companies, except in furtherance of providing you goods or services that you have specifically requested. 

You hereby consent to Pancheros collection and use of such Transmissions in accordance with Pancheros then current Privacy Policy. Your Transmissions are subject to Pancheros Privacy Policy.  By using this Website, you agree to review the Privacy Policy, and be bound by its terms and conditions. From time to time, Pancheros may change its Privacy Policy without notice to you. Your continued use of this Website after the posting of any changes shall constitute your agreement with and acceptance of such changes.

Pancheros does not knowingly collect data directly from anyone under 13 years of age. By submitting information to Pancheros through this Website, you are representing that you are at least 14 years of age. If you believe Pancheros has inadvertently collected any such data, please contact our website administrator at marketing@pancheros.com for information regarding removal of any such data from our files. Pancheros reserves the right to limit certain promotions to those at least 18 years of age.

CHANGING PERSONAL INFORMATION

If your personally identifiable information changes (such as your zip code), or if you no longer desire our services, we will endeavor to provide a way to correct, update or remove your personal data from our files. This can be in writing to Pancheros at:

Pancheros Franchise Corporation
2475 Coral Court, Suite B
Coralville, IA  52241

You can also do this via telephone at 888-MEX-BEST or by e-mailing our webmaster at marketing@pancheros.com.

OPT-IN/OPT-OUT

You have the option to ‘opt-out’ of having your information used for purposes not directly related to our website at the point where we ask for the information.

If you no longer wish to receive our special offers or promotional materials from Pancheros or its partners, you may opt-out of receiving these communications by replying to unsubscribe in the subject line in the e-mail, or e-mail us at marketing@pancheros.com.  Pancheros will, within a commercially reasonable period of time, remove your information from databases used to provide you with such special offers and promotional materials.

SURVEYS/CONTESTS

From time-to-time we may request information from you via surveys or contests. Participation in these surveys or contests is completely voluntary and eligibility to win requires no purchase of our services and, therefore, you have a choice whether or not to disclose this information.  Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, gender, ethnicity, date of birth, age level, etc.).  Contact information will be used to notify the winners and award prizes.  Survey information will be used for purposes of monitoring or improving the use and satisfaction of this website.

HYPERLINKS.

The Website includes links to other websites wholly independent of Pancheros and the Website. Pancheros makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained on any such third party website.  Pancheros does not endorse, sponsor or guarantee such third party websites.  You agree not to hold Pancheros responsible for any advice, content, information, practices, products or services related to or made available through such third party websites.

COOKIES

A cookie is a piece of data stored on your hard drive containing information about you. Usage of a cookie is in no way linked to any personally identifiable information while on our website.  Once you close your browser, the cookie simply terminates.  For instance, by setting a cookie on our website, you would not have to log in a password more than once, thereby saving time while on our website.  If you reject the cookie, you may still use our website.  The only drawback to this is that you will be limited in some areas of our website.  Cookies can also enable us to track and target your interests to enhance your experience on our website.

Some of our business partners use cookies on our website (for example, advertisers). However, we have no access to or control over these cookies.

EMPLOYMENT

Pancheros is an equal opportunity employer. Pancheros franchisees each hire their own employees pursuant to their own terms of employment, which may be different than those described in these Terms and Conditions.

TERMINATION

Either you or Pancheros may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Website.  Pancheros may terminate this Agreement immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to this Website.

GENERAL

If any provision of this Agreement is held invalid, void, or unenforceable under any applicable statute or rule of law, it shall to that extent be deemed omitted, and the balance of this Agreement shall be enforceable in accordance with its terms. Notwithstanding any provisions of Pancheros Privacy Policy, Pancheros reserves the right to report any activity associated with the Website which it believes violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist such parties in their investigations. These Terms of Use and Pancheros Privacy Policy constitute the entire agreement between you and Pancheros relating to the use of the Website, and supersedes all prior understandings, agreements, discussions, or representations, whether written or oral, with respect to such subject matter.  Pancheros may modify these Terms of Use at any time, without notice to you by updating this posting. Your use of the Website subsequent to such changes shall constitute your acceptance of, and agreement to, such revised terms.