All information and content available on the Website www.Pancheros.com (“Content”) is owned or licensed 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 Content to computers as part of your access of the Website, and solely for your private, personal and non-commercial use.
Limitation of liability
IN NO EVENT SHALL PANCHEROS, ITS PARENTS, FRANCHISEES, SUBSIDIARIES, 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 THEY 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 THEIR 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 THEM IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE.
YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS AND THAT PANCHEROSMAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION. PANCHEROSDISCLAIMS 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) PANCHEROSDOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE INFORMATION; AND (3) PANCHEROSDOES 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.
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.
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.
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, PANCHEROS MEXICAN GRILL, BURRITOS BETTER BUILT, and BURRITOS WITH BENEFITS names and logos, and all other unique colors, graphics, logos, sounds, images, icons and buttons displayed in this Website (“Marks”) are trademarks of Pancheros or their licensor. Absent prior written consent from an officer of Pancheros or its licensor, you may not copy, imitate or use any portion of the Marks.
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.
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
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 email@example.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