From time to time Taco Bell may update this Platform and this Agreement. Your use of this Platform after Taco Bell posts changes to this Agreement constitutes your agreement to those changes effective immediately and prospectively from the date of such changes. Taco Bell may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and Taco Bell will have no liability to you if this Platform is discontinued or your ability to access the Platform is terminated.
YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE PLATFORM MAY BE TERMINATED IMMEDIATELY IN TACO BELL’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.
Taco Bell grants you a limited, nonexclusive, revocable license to use portions of the Platform solely for your own private, non-commercial purposes only and solely in accordance with the terms of this Agreement. You acknowledge that any reliance on the Platform or any Content (as hereafter defined) will be at your own risk. Taco Bell also makes no representations regarding the amount of time that any Content will be preserved. The Platform, and any services performed, provided or enabled by or through the Platform and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, layout and other materials provided to you via the Platform and the compilation of the foregoing (collectively “Content”), are intended only for the lawful use by users of the Platform. The Platform, Content, and the selection, coordination, and arrangement thereof, is owned either by Taco Bell, and/or its respective licensors. The unauthorized copying, displaying, selling, distributing, or other use of any Content or Platform is a violation of the law. You acknowledge having been advised by Taco Bell that the Content and Platform is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other intellectual property and proprietary rights laws. You represent and warrant that you will use the Platform and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly notify Taco Bell if any of your information changes. Taco Bell makes no representation that the Platform or Content is appropriate or available for use in particular locations.
The Platform, Content, Platform Updates (as defined below), documentation, and any accompanying fonts, whether in read-only memory, on any other media or in any other form are licensed to you by Taco Bell subject to the terms of this Agreement. The rights granted herein are non-transferable, and are limited to Taco Bell’s intellectual property rights in the Platform and do not include any other patents or intellectual property rights. The Agreement herein grants you permission to use the Platform on one device at a time. You may not make the Platform available over a network where it could be used on multiple devices at the same time. This Agreement does not grant you any rights to use Taco Bell proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Platform. Any use of the Platform in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Platform or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the Platform is prohibited. This Agreement does not entitle you to receive and does not obligate Taco Bell to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Platform. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Platform.
You agree not to download, display, or use any Content use in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of Taco Bell, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Taco Bell or its licensors’ property, or that otherwise infringes Taco Bell or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or third party content.
USE OF THE PLATFORM
The following requirements apply to your use of the Platform:
- You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not collect or store personal data about other users.
- You will not use any electronic communication feature of the Platform for any purpose that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate as determined by Taco Bell.
- You will not use the Platform for any commercial purpose not expressly approved by Taco Bell in writing.
- You will not upload, transmit, email, post, or otherwise communicate any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication, including but not limited to any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
- You will not upload, post, email, include in any Messages (as hereafter defined) or otherwise transmit any material that contains viruses, corrupted files, software, links to other sites or any other computer code, files, or programs which might adversely affect, interrupt, limit, or interfere with the functionality of Taco Bell’s system or any third party’s computer. You further agree that you will not share or post any content that undermines the operation of the Platform, a message board, chat room, forum or other feature.
By displaying, publishing, or otherwise posting any content on or through the Platform and/or providing Taco Bell with any such content, you hereby grant Taco Bell a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. You represent and warrant that you own such content and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for the content of your Messages, and agree not to include anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate as determined by Taco Bell.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
INTERACTIVE FEATURES AND USER GENERATED CONTENT
On certain areas of the Platform, such as video upload features, message boards, or chat rooms, you may be given the opportunity to interact with other users. Use of any interactive features of the Platform is governed by and subject to the following terms (“Posting Rules”). Taco Bell may terminate your account if Taco Bell believes, using its sole discretion, that you have violated any of these Posting Rules, the terms in this Agreement, any law, or for no reason at all. Taco Bell reserves the right to monitor any and all messages, postings, or other content sent to the Platform, and reserve the right to remove or to refuse to post anything that Taco Bell, in its sole discretion, view to be in violation of these Posting Rules, the law, or is otherwise inappropriate. Taco Bell does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Platform.
Responsibility of Postings: You understand and acknowledge that messages and postings are the sole responsibility of the author, and that Taco Bell is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other interactive feature (“Messages”). Opinions expressed in Messages do not necessarily reflect the opinions of Taco Bell. No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for the content of your Messages, and agree not to include anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate as determined by Taco Bell.
No Violations of Third Party Rights: You agree that you will not post in your Messages any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Taco Bell. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party (as well as rights of publicity and privacy). You agree that you will not collect or store personal data about other users.
No Commercial Use: The message boards, chat rooms, and other forums we provide on the Platform are intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that you will not upload, transmit, email, post or otherwise communicate in your Messages any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
If you believe that a Message was posted in violation of these Posting Rules or this Agreement, please copy the text of the Message into an email and submit to email@example.com. Taco Bell may, but typically will not, acknowledge receipt of your complaint. You agree that Taco Bell cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Platform. For more information on submitting complaints, please contact TBmobileappteam@yum.com. Without limiting Taco Bell’s rights or remedies, violations of any of the above rules may result in a warning notification, removal of offending content or termination of your account.
If you are a copyright or trademark owner and you believe your rights have been violated, please contact TBmobileappteam@yum.com write to Taco Bell’s Designated Agent at Yum Brands, Inc., Dallas RSC, MD 4N227, 14841, North Dallas Parkway, Dallas TX 75254.
COMMUNICATING WITH TACO BELL
By using the Platform, you acknowledge and agree that any materials, ideas or other communications you transmit to Taco Bell in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Taco Bell may be used by Taco Bell anywhere, anytime, and for any reason whatsoever.
MOBILE SERVICE, INTERNET, AND SERVICE FEES
The use of the Platform on a mobile device (whether the mobile app Platform or mobile web Platform) requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform Updates, from Taco Bell, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.
The Platform may not work with all computers, browsers, devices or all mobile carriers. Taco Bell makes no representations that the Platform will be compatible with or provided by all computers, browsers, devices, or mobile carriers. Certain device and browser combinations may not support online ordering features and other Platform features. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
ACCOUNTS, PASSWORDS, AND SECURITY
Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or any features at all. You understand that certain offers, services and features that may be available on the Platform may be subject to additional specific terms and conditions. This may include loyalty and rewards programs, as well as return policies for certain transactions. In the event of any conflict between this Agreement and any such specific terms and conditions, the specific terms and conditions will control. You also understand and agree that certain offers, services and features may be made available on the website version(s) of the Platform and not on the mobile app version(s) of the Platform, and vice versa.
If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing Taco Bell with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your login credentials, password and account, including maintaining the physical security of your device. If the Platform permits you to login using your device’s fingerprint sensor, only enable such a feature if the device is your own personal device. Additionally, you are entirely responsible for any and all activities that occur under your account, including mobile payments, all transactions and other activities undertaken with your device, any Taco Bell gift card or stored payment card, whether authorized or unauthorized. You agree to notify Taco Bell immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform. Taco Bell is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Taco Bell shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Platform.
Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
You agree that Taco Bell and Taco Bell’s third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform. You grant Taco Bell the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Taco Bell believes you may be interested, including working with third parties who provide targeted advertising content.
TACO BELL GIFT CARDS
Taco Bell gift cards are subject to the Taco Bell Gift Card Terms and Conditions.
TRANSACTIONS AND PRODUCT AVAILABILITY
Through the Platform, you may be able to order and/or pay for Taco Bell or third-party products or services. To be able to order and pay for such products or services, you must supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and/or your Taco Bell gift card numbers.
You may also be asked to supply delivery or shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Taco Bell and/or the any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Taco Bell may permit you, through the Platform, to order menu items or other products or services (collectively “Products or Services”) from a Taco Bell location. All descriptions, images, features, specifications, products, and prices of Products or Services are subject to change at any time without notice. The inclusion of any Products or Services on the Platform does not imply or warrant that these Products or Services will be available. Taco Bell reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product or Service. You agree to pay all charges incurred by you, on your behalf, or by your account through the Platform, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction. You acknowledge and agree that web and mobile ordering and the ability to purchase Products and Services is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location.
In Taco Bell’s discretion, Taco Bell along with its business partners, my elect to offer wedding and vow renewal packages in select areas in the United States (a “Taco Bell Wedding”). Unless otherwise specified by Taco Bell, all Taco Bell Weddings will be limited to thirty (30) minutes beginning promptly at the time as scheduled by Taco Bell in Taco Bell’s discretion. Couples will be required to provide proof of a valid marriage certificate (except in the case of vow renewals), a valid government photo identification card, and any other items that Taco Bell may request from time to time, in order to access the wedding chapel at the assigned time. Taco Bell Weddings are available only for the marriage of two individuals, eighteen years of age or older at the time of the Taco Bell Wedding. Wedding participants and guests are responsible for all costs associated with travel to the Taco Bell Wedding. Wedding participants and guests must wear proper attire. The number of guests available to attend any Taco Bell Wedding will be set by Taco Bell on the Platform prior to the purchase of a Taco Bell Wedding. Taco Bell makes no representation or warranty with respect to the legal sufficiency of the marriage certificate or the legal impact of any Taco Bell Wedding. Taco Bell Wedding purchases are non-refundable. Taco Bell Wedding participants and guests are not permitted to bring outside food or beverages (including, without limitation, alcohol or cake) to the wedding event. For the avoidance of doubt, Taco Bell reserves the right to modify the Taco Bell Wedding packages available through the Platform from time to time in Taco Bell’s sole discretion.
Taco Bell may contact purchaser with a short online survey to collect feedback related to their Party in a Taco Bell experience.
In Taco Bell’s discretion, Taco Bell, along with its business partners, may elect to offer individuals the ability to reserve space in a Taco Bell location for a Taco Bell Party, available in select locations from time to time (“Party” or “Parties”). The space reserved in the Taco Bell location for a Party will be determined in Taco Bell’s sole discretion. Unless otherwise specified by Taco Bell, Parties will be limited to one (1) hour, beginning promptly at the time scheduled by Taco Bell, in its sole discretion. The individual booking the Party (the “Organizer”) may be required to provide a valid government photo identification card and any other item that Taco Bell may request in order to access the Party. Taco Bell Parties may only be reserved by Organizers eighteen (18) years of age or older at the time of booking. Food and beverages are not included in the Party reservation cost. Organizer and Organizer’s guests are responsible for all costs associated with the Party. Each Party may accommodate up to ten (10) guests (including Organizer) unless otherwise specified by Taco Bell in advance, in Taco Bell’s sole discretion. Taco Bell Party reservations are non-refundable. Party guests must wear proper attire and must follow all instructions of the manager and other Taco Bell employees at the party location. Organizer and Organizer’s guests are not permitted to bring outside food or beverages (including, without limitation, alcohol or cake) to the Party. Taco Bell reserves the right to modify the Party packages and/or details available through the Platform from time to time, in Taco Bell’s sole discretion.
ANY PRODUCTS OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON>THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
You understand and agree that you are charged at the time you place your order for Products or Services. You further understand and agree that the transaction for the purchase of Products or Services is final and complete at the time you are charged. Once an order is placed, changes cannot be made to the order except to the extent edit options are made available on the Platform in Taco Bell’s sole discretion. After you have checked-in by selecting “Drive-thru” or “In-store”/”In-restaurant” or you have otherwise directed Taco Bell to begin preparation of your order by means designated by Taco Bell and communicated to you in Taco Bell’s sole discretion, you may not cancel your order. If you do not check-in by selecting “Drive-thru” or “In-store”/”In-restaurant” or otherwise directing Taco Bell to begin preparation of your order in accordance with Taco Bell’s direction prior to 4:00 a.m. local time at the applicable store after having placed your order, your order will be cancelled and a refund will be processed. Please allow at least four weeks for the refund to be processed; refund times may vary based on your payment card issuer. Breakfast items must be picked up before 11:00 a.m. local time at the applicable store (which time is subject to change in Taco Bell’s sole discretion). Except with respect to a Taco Bell in-store ordering kiosk, the Platform’s ordering functionality is intended for off-site use only and is not for use for placing an order from within a Taco Bell restaurant.
In some locations, you may be able to place an order for delivery. Taco Bell and its delivery vendor(s) deserves the right to accept or decline an order for any reason up until the time the product is actually delivered to you. You acknowledge and agree that delivery times may vary and that Taco Bell makes no warranty or guarantee with respect to when your order will be delivered. Delivery is not available in all locations. You agree that your delivery request (where available) may be fulfilled by a third party in Taco Bell’s discretion.
REPRESENTATIONS, DISCLAIMER OF WARRANTIES, AND LIMITATIONS OF LIABILITY Taco Bell and its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents (collectively, “Taco Bell Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Platform. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by Taco Bell or the Taco Bell Affiliates.
Taco Bell and the Taco Bell Affiliates are not responsible for any resulting damage to any user’s device or computer from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure and you should consider this before e-mailing Taco Bell or the Taco Bell Affiliates any information or posting information to the Platform. Taco Bell and the Taco Bell Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Platform. This Platform may be temporarily unavailable due to maintenance, malfunction of computer equipment, or other reasons.
THE PLATFORM (INCLUDING ALL PLATFORM UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TACO BELL AND THE TACO BELL AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM AND THE CONTENT. TACO BELL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE PLATFORM (INCLUDING ANY PLATFORM UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM, (INCLUDING ANY PLATFORM UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM (INCLUDING ANY PLATFORM UPDATES) WILL BE CORRECTED. No oral or written information or advice given by Taco Bell or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Platform prove defective, you assume the entire cost of all necessary servicing, repair or correction.
YOU AGREE THAT TACO BELL AND THE TACO BELL AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”) RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE PLATFORM, THE CONTENT, MESSAGES, AND/OR ANY SERVICES PERFORMED THROUGH THE PLATFORM OR ANY FAILURE OF PERFORMANCE; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE PLATFORM; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY TACO BELL, LAW ENFORCEMENT, OR OTHER AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS, OR INACTIONS OF PLATFORM USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH PLATFORM USERS, EVEN IF TACO BELL OR THE TACO BELL AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE PLATFORM OR ITS RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF TACO BELL’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
THE PLATFORM MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. TACO BELL DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL TACO BELL OR THE TACO BELL AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
LINKS TO THIRD-PARTY PLATFORMS AND SERVICES
The Platform may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). The Platform may allow you to add/configure certain Third-Party Services to your device. The Platform may also permit you to login to the Platform through a Facebook or other social media account. Taco Bell has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
If you use Third-Party Services, you agree that you are aware that account and other personal information held by those third parties may be transmitted through and stored on Taco Bell servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Taco Bell is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.
Taco Bell may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Platform. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Platform by others using the device.
BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM, AND/OR ACCEPTING ANY INFORMATION OR SERVICES FROM OR THROUGH THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD TACO BELL AND THE TACO BELL AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE PLATFORM OR THE CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE, COMPUTER, OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE PLATFORM; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD OR OTHER ACCOUNT DETAILS; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD; AND/OR (I) YOUR USE OF ANY OF THE SERVICES PROVIDED THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO ANY PROPERTY. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN TACO BELL’S DEFENSE OF ANY CLAIM. TACO BELL RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF TACO BELL.
This Agreement constitutes the entire agreement between you and Taco Bell governing your use of the Platform, superseding any prior agreements between you and Taco Bell relating to your use of the foregoing. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Platform. If any provision of this Agreement is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. The failure of Taco Bell to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
By using the Platform, you agree that the statutes and laws of the United States and the State of California, without regard to conflicts of laws principles, will apply to all matters relating to use of the Platform and the Services, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in California. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement.
You agree that any claim or cause of action arising out of or related to use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PLATFORM AND/OR THIS AGREEMENT WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
You acknowledge and agree that your use of the Platform may involve you providing an “electronic signature” indicating your desire to use the Platform. Your “electronic signature” indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically. If you wish to receive communications in another manner, you may contact Taco Bell at TBmobileappteam@yum.com to change your communication preferences. You may not use or otherwise export or re-export the Platform except as authorized by United States law and the laws of the jurisdiction in which the Platform was obtained. In particular, but without limitation, the Platform may not be exported or re-exported (a) into any U.S. embargoed countries, or that has been designated by the U.S. Government as a “terrorist supporting country” or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Platform, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Platform for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
In the event of a complaint or concern regarding this Agreement or the Platform, or for more information, please contact Taco Bell at www.tacobell.com/feedback or at the following address: Taco Bell Corp., 1 Glen Bell Way, Irvine, CA 92618.
ADDITIONAL TERMS FOR USERS OF THE MOBILE APP PLATFORM
Uses of the mobile app Platform expressly consent to receive push notifications from and on behalf of Taco Bell.
USERS OF THE APPLE MOBILE APP PLATFORM
If you download and/or use the iPhone or iPad Platform: You, the end-user of this Platform, acknowledge that this Agreement is entered into by and between Taco Bell and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This Agreement incorporates by reference the Licensed Platform End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Platform is considered the “Licensed Platform” as defined in the LAEULA and Taco Bell is considered the “Platform Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party’s intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Platform.
MOBILE APP PLATFORM UPDATES
Taco Bell may make available for download certain Platform updates or upgrades to the Platform to update, enhance, or further develop the Platform (“Platform Updates”). The license granted herein allows you to download and use the Platform Updates to update the Platform on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Platform Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Platform Updates, unless such copy is authorized in writing by Taco Bell.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Platform, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, Platform Updates, or any part thereof. Any attempt to do so is a violation of the rights of Taco Bell and its licensors of the Platform and Platform Updates. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Platform and Platform Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
Taco Bell may, at its discretion, automatically upload Platform Updates to your device. You agree to accept these Platform Updates, and to pay for any costs associated with receiving them. The Platform and Platform Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Platform and Platform Updates. These laws include restrictions on destinations, end users, and end use.
Digital ordering is covered under Patents 6,384,850, 6,871,325, 6,982,722, and 8,146, 077, which is owned by Ameranth, Inc. and used with permission by Taco Bell Corp.