Terms of Service

Please read these Terms of Service carefully before using the website located at cabana.click or any services offered by Cabana Taco. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must immediately discontinue use of our website and 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 at cabana.click (the "Website"), as well as all related services, content, features, and functionality offered by Cabana Taco (collectively, the "Services").

By accessing the Website, placing an order online or in-person, subscribing to any communications, or otherwise using any of our Services, you expressly acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if you are between 13 and 17 years of age, you have obtained parental or legal guardian consent to use our Services;
• You have the legal authority to enter into this Agreement on behalf of yourself or any entity you represent;
• Your use of the Services is in compliance with all applicable federal, state, and local laws and regulations of the United States.

If you are accessing the Website on behalf of a business, organization, or other legal entity, you represent and warrant that you are authorized to bind such entity to these Terms, and all references to "you" shall refer to both you individually and such entity.

2. Description of Services

Cabana Taco is a food service business offering Mexican-inspired cuisine, including but not limited to tacos, burritos, bowls, appetizers, beverages, and related food and drink items. Our Services include, without limitation:

2.1 Online Ordering

Through our Website at cabana.click, customers may browse our menu, place food orders for pickup or delivery, customize menu items, and complete payment transactions. Online ordering is subject to availability and may be limited by geographic location, hours of operation, and other operational factors.

2.2 In-Person Dining and Pickup

Cabana Taco offers dine-in, takeout, and curbside pickup services at our physical location(s). All in-person services are subject to applicable health codes, capacity regulations, and local ordinances in effect at the time of your visit.

2.3 Catering and Special Orders

We may offer catering services and special bulk orders for events, parties, and corporate functions. Catering orders are subject to additional terms and conditions, minimum order requirements, advance notice requirements, and separate pricing structures communicated at the time of inquiry.

2.4 Digital Communications and Marketing

Cabana Taco may offer newsletters, promotional communications, loyalty programs, and other digital marketing services. Your participation in these programs is voluntary and subject to applicable federal laws, including the CAN-SPAM Act and, where applicable, the Telephone Consumer Protection Act (TCPA).

2.5 Third-Party Delivery Platforms

Cabana Taco may partner with third-party delivery platforms (such as DoorDash, Uber Eats, Grubhub, or similar services). Orders placed through third-party platforms are governed by both these Terms and the respective third-party platform's own terms of service. Cabana Taco is not responsible for the policies, practices, or actions of third-party platforms.

We reserve the right to modify, suspend, discontinue, or restrict any aspect of our Services at any time, with or without notice, and without liability to you.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Services, you agree to:

• Provide accurate, current, and complete information when placing orders, creating accounts, or contacting us;
• Maintain the confidentiality of any account credentials, passwords, or personal identification information;
• Promptly update any information you provide to keep it accurate and current;
• Use the Services only for lawful purposes and in a manner consistent with all applicable laws and regulations;
• Comply with all applicable local, state, and federal laws, including food safety regulations, consumer protection laws, and laws governing online commerce;
• Respect the intellectual property rights of Cabana Taco and third parties;
• Treat our staff, representatives, and other customers with respect and courtesy.

3.2 Prohibited Activities

You are expressly prohibited from engaging in any of the following activities when using our Website or Services:

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, payment information, or personal data; engaging in identity theft or impersonating any person or entity;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of our Website, server, or database; using automated tools such as bots, scrapers, or crawlers to access, extract, or collect data from our Website without express written permission;
• Disruption: Uploading or transmitting viruses, malware, or any other malicious code; engaging in any activity that disrupts, damages, or interferes with the proper functioning of our Website or infrastructure;
• Abuse of Promotions: Creating multiple accounts to abuse promotional offers, discounts, or loyalty rewards; exploiting errors, bugs, or glitches in pricing for unfair advantage;
• Harassment: Harassing, threatening, intimidating, or abusing our employees, agents, or other customers through any medium, including online communications;
• Unlawful Use: Using the Services for any purpose that violates applicable federal, state, or local laws, including those related to food safety, consumer fraud, data privacy, or electronic commerce;
• Resale Without Authorization: Purchasing food or services for the purpose of unauthorized commercial resale or redistribution without our prior written consent;
• Misrepresentation: Falsely claiming allergies, dietary restrictions, or other special needs for purposes other than genuine health or dietary requirements, particularly where such misrepresentations could affect service delivery or safety.

Cabana Taco reserves the right to investigate any suspected violations of these Terms and to take appropriate legal and/or operational action, including refusing service, canceling orders, terminating accounts, and referring matters to law enforcement authorities.

4. Intellectual Property Rights

4.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, photographs, images, video content, audio clips, digital downloads, menu designs, branding elements, software, and the overall compilation and arrangement of such content (collectively, "Intellectual Property"), is the exclusive property of Cabana Taco or its licensors and is protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws administered by the United States Patent and Trademark Office, and trade secret law.

4.2 Limited License

Subject to your compliance with these Terms, Cabana Taco grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with placing orders and engaging with our Services. This license does not include the right to:

• Copy, reproduce, modify, distribute, or create derivative works from any content on the Website;
• Use our trademarks, trade dress, logos, or brand elements without our prior written consent;
• Commercially exploit any portion of the Website or its content;
• Remove or alter any copyright, trademark, or other proprietary notices.

4.3 User-Submitted Content

If you submit reviews, feedback, photographs, comments, or other content to us via our Website, social media channels, or any other medium ("User Content"), you grant Cabana Taco a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media for marketing, promotional, and operational purposes, without compensation to you. You represent and warrant that you own all rights to such User Content and that it does not infringe any third-party rights or violate any applicable laws.

5. Payment Terms

5.1 Pricing

All prices displayed on our Website or at our physical location are in United States Dollars (USD). Prices are subject to change without prior notice. Applicable taxes, delivery fees, service charges, and gratuities (where applicable) will be added to your order total and disclosed prior to final checkout.

5.2 Payment Methods

Cabana Taco accepts major credit cards, debit cards, and such other payment methods as may be made available from time to time. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full order amount, including applicable fees and taxes.

5.3 Order Confirmation

Upon successful placement of an online order, you will receive an order confirmation via email or SMS. This confirmation does not constitute our acceptance of your order but rather an acknowledgment that we have received it. We reserve the right to cancel or modify any order due to availability issues, pricing errors, or other operational circumstances, in which case we will notify you promptly and issue a full refund if payment was already processed.

5.4 Refunds and Cancellations

Refund and cancellation policies are as follows:

• Order Cancellation: You may cancel an order before it has entered the preparation stage. Once preparation has begun, cancellations may not be accepted;
• Incorrect or Unsatisfactory Orders: If you receive an incorrect order or one that does not meet reasonable quality standards, please contact us within a reasonable time (generally within 24 hours of receipt) at [email protected]. We will review your complaint and, at our discretion, offer a replacement, store credit, or refund;
• Catering Deposits: Catering deposits may be non-refundable depending on the cancellation timeframe agreed upon at the time of booking. Specific cancellation terms will be communicated in your catering agreement.

All refunds, if approved, will be processed to the original payment method within 5–10 business days, depending on your financial institution.

5.5 Taxes

Cabana Taco collects and remits applicable sales taxes as required by federal, state, and local law. Your order total will reflect the applicable sales tax based on your jurisdiction and the nature of the items purchased, in compliance with applicable state tax codes.

6. Food Safety, Allergens, and Dietary Information

Cabana Taco takes food safety seriously and complies with applicable federal food safety regulations administered by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), as well as applicable state and local health department requirements.

Our menu items may contain or come into contact with common allergens, including but not limited to: wheat/gluten, dairy, eggs, nuts, soy, shellfish, and sesame. While we make every reasonable effort to accommodate dietary restrictions and allergies, we cannot guarantee that any menu item is entirely free from allergens due to the possibility of cross-contamination in our kitchen environment.

If you have a serious food allergy or dietary restriction, it is your responsibility to inform our staff prior to placing your order and to independently verify the suitability of menu items for your specific needs. Cabana Taco shall not be liable for any allergic reactions or adverse health effects resulting from the consumption of our food products where reasonable allergen disclosure was provided or requested.

7. Disclaimers

7.1 As-Is Basis

THE WEBSITE AND ALL SERVICES PROVIDED BY CABANA TACO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES 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 REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES.

7.2 Third-Party Links

Our Website may contain links to third-party websites or services that are not owned or controlled by Cabana Taco. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party sites you visit.

7.3 Availability

Menu items, pricing, and service availability are subject to change without notice. We do not warrant that any specific menu item will be available at any given time. Seasonal offerings, limited-time promotions, and regional menu variations may apply.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CABANA TACO, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES.

IN ALL CASES, CABANA TACO'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO CABANA TACO IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CABANA TACO'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Nothing in these Terms shall limit or exclude any liability that cannot be lawfully excluded under applicable federal or state law, including liability for personal injury caused by gross negligence or intentional misconduct.

9. Indemnification

You agree to defend, indemnify, and hold harmless Cabana Taco and its owners, officers, directors, employees, agents, affiliates, licensors, and service providers 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 of Service;
• Your use of the Website or Services in a manner not authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement or misappropriation of any intellectual property or other rights of any third party;
• Any User Content you submit, post, or transmit through our Website or social media channels;
• Your fraudulent, negligent, or wrongful conduct;
• Any claim by a third party arising from your use of our Services.

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 with us in asserting any available defenses.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Cabana Taco's principal place of business is located, without regard to conflict of law principles that would result in the application of the laws of another jurisdiction.

The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the dispute resolution provisions set forth in Section 11 of these Terms.

Subject to the arbitration provisions in Section 11, you agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts of competent jurisdiction located within the United States, and you hereby irrevocably consent to personal jurisdiction and venue in such courts.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services informally. You must contact Cabana Taco at [email protected] with a written description of your dispute. We will attempt to respond within thirty (30) calendar days. Both parties agree to negotiate in good faith to resolve the dispute during this thirty (30) day period before proceeding to formal dispute resolution.

11.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding individual arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), as modified by these Terms. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on both parties.

The arbitration shall be conducted on an individual basis. You and Cabana Taco expressly waive the right to participate in any class action, collective action, or representative proceeding. Any arbitration award may be confirmed in a court of competent jurisdiction.

The costs of arbitration, including administrative fees and arbitrator compensation, shall be governed by the AAA's fee schedules. Each party shall bear its own attorneys' fees unless the arbitrator determines that an award of attorneys' fees is appropriate under applicable law.

11.3 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the jurisdictional limits of such court, provided that the matter remains in small claims court and is not removed or appealed to a court of general jurisdiction.

11.4 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES HEREBY IRREVOCABLY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES.

11.5 Time Limitation on Claims

Any claim or cause of action arising out of or relating to these Terms or our Services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations to the contrary.

12. Term and Termination

12.1 Term

These Terms of Service are effective as of the date you first access our Website or use our Services and shall remain in full force and effect for as long as you continue to use the Website or Services, unless earlier terminated in accordance with this Section.

12.2 Termination by Cabana Taco

Cabana Taco reserves the right, in its sole discretion and without prior notice, to suspend, restrict, or terminate your access to the Website or Services for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Engagement in fraudulent, abusive, or unlawful conduct;
• Actions that may harm the reputation, security, or operations of Cabana Taco;
• Requests by law enforcement or regulatory authorities;
• Discontinuation of the Services or any portion thereof.

12.3 Effect of Termination

Upon termination of your access to the Services, all licenses and rights granted to you under these Terms shall immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 10 (Governing Law), 11 (Dispute Resolution), and 14 (Severability).

12.4 Your Right to Discontinue

You may terminate your use of the Services at any time by ceasing to access the Website and, if applicable, by canceling any registered account. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations for orders already placed.

13. Changes to Terms

Cabana Taco reserves the right to modify, update, or revise these Terms of Service at any time in its sole discretion. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on our Website at cabana.click;
• Where feasible and appropriate, provide notice via email or a prominent notice on our Website.

Your continued use of the Website or Services after the effective date of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must immediately discontinue use of our Website and Services.

We encourage you to periodically review these Terms to stay informed of any changes. It is your responsibility to check this page regularly. Changes to these Terms shall not apply retroactively to disputes or transactions that arose before the effective date of such changes, except where required by applicable law.

14. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The parties agree that the remaining provisions of these Terms shall be construed and enforced as if the invalid, illegal, or unenforceable provision had never been included, to the greatest extent possible consistent with the original intent of the parties.

15. Additional Legal Provisions

15.1 Entire Agreement

These Terms of Service, together with our Privacy Policy (available at cabana.click) and any other policies or agreements expressly incorporated herein by reference, constitute the entire agreement between you and Cabana Taco with respect to your use of the Website and Services, and supersede all prior or contemporaneous agreements, communications, representations, and understandings, whether written or oral, relating to the same subject matter.

15.2 No Waiver

Cabana Taco's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Cabana Taco. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

15.3 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Cabana Taco. Cabana Taco may freely assign these Terms, including all rights and obligations hereunder, without restriction, including in connection with a merger, acquisition, sale of assets, or operation of law.

15.4 Force Majeure

Cabana Taco shall not be liable for any delay or failure to perform its obligations under these Terms resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, supply chain disruptions, power outages, or internet failures. In such events, Cabana Taco's obligations shall be suspended for the duration of the force majeure event.

15.5 Consumer Protection

Nothing in these Terms is intended to limit or exclude any rights you may have under applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) or applicable state consumer protection statutes. Where mandatory consumer protection rights apply, they are preserved in full notwithstanding any other provision of these Terms.

15.6 Electronic Communications

By using our Website and Services, you consent to receive electronic communications from Cabana Taco. You agree that any notices, agreements, disclosures, or other communications sent to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of non-transactional marketing communications at any time by following the unsubscribe instructions in our emails or by contacting us directly.

15.7 Headings

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

16. Contact Information

If you have any questions, concerns, complaints, or inquiries regarding these Terms of Service, our Services, or any aspect of your experience with Cabana Taco, please contact us using the information below. We are committed to responding to all inquiries in a timely and professional manner.

These Terms of Service were last updated on May 16, 2026. By continuing to use the website located at cabana.click or any services provided by Cabana Taco after this date, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. These Terms are effective as of the date stated above and supersede all prior versions.