GENERAL TERMS AND CONDITIONS
Mighty Taco Inc., a New York corporation (“Mighty Taco”), requires that all visitors to this website (this “Site”) agree to the following terms and conditions. If you do not agree with the following terms and conditions, you should not use this Site. By accessing the Site you indicate your acceptance of the following terms and conditions.
Restrictions on Use
All of the text, images, graphics, sound files, animation, video and/or their arrangement on this Site are all subject to intellectual property right protection and such material from this Site may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Mighty Taco. Modification or use of the materials for any other purpose violates Mighty Taco’s intellectual property rights. Mighty Taco does not transfer any property rights or issue any license by allowing use of this Site.
All content included in or made available through this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Mighty Taco or its content suppliers and protected by copyright laws. The compilation of all content included in or made available through this Site is the exclusive property of Mighty Taco and protected by copyright laws.
The following trademarks used are owned by Mighty Taco Inc, and all rights are hereby reserved: ‘Super Mighty’, ‘Mighty Taco’, ‘Salsa Lito - Burrito’, ‘Burrito De-Lite’, ‘Roastitos’, ‘Buffito’, ‘Buf-Mex At Its Best’, and ‘El Nino Burrito’. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through this Site are trademarks or trade dress of Mighty Taco. Mighty Taco's trademarks and trade dress may not be used in connection with any product or service that is not Mighty Taco's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mighty Taco. All other trademarks not owned by Mighty Taco that appear in this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mighty Taco.
Submissions and Other Content
All remarks, suggestions, ideas, graphics, or other information communicated to Mighty Taco through this Site (each, a “Submission”) will forever be the property of Mighty Taco. Mighty Taco will not treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Mighty Taco’s operations. Without limitation, Mighty Taco will have the exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. Mighty Taco will be entitled to use any Submission for any commercial or other purposes whatsoever without compensation to you or other persons sending any Submission. Mighty Taco takes no responsibility and assumes no liability for any Submission posted by you or any third party. You represent and warrant that any Submission posted by you is accurate and that the use of such Submission does not violate these terms and conditions and will not cause injury to any person or entity. You will indemnify Mighty Taco for all claims resulting from any Submission posted by you. To the extent that any ownership rights to any Submission posted by you (or any portion thereof) are reserved to you or any other party by law: (i) you grant Mighty Taco a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Submission (or any portion thereof, including without limitation the name that you submit in connection with such Submission) throughout the world in any media; and (ii) you represent and warrant that you own or otherwise control all such rights. Mighty Taco does not warrant or make any representation regarding the use of the content of this Site in terms of correctness, accuracy, and reliability or otherwise. The content of this Site may include technical inaccuracies or typographical errors and Mighty Taco may make changes or improvements to such content at any time.
No Warranties or Representations
THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIGHTY TACO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIGHTY TACO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MIGHTY TACO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ACCORDINGLY, BY USING THIS INFORMATION YOU AGREE THAT MIGHTY TACO (INCLUDING ITS AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) ARE NOT LIABLE FOR DAMAGES OF ANY KIND.
Restriction of Liability
By accessing and using this Site, you agree that Mighty Taco will not be liable for any damages or injury caused by, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Further, Mighty Taco will not be liable for any damages or injury, including, but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence on Mighty Taco or an authorized Mighty Taco representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. As such, Mighty Taco’s total liability to you for all losses, damages, and causes of action will not be greater than the amount you paid to access this Site.
Online Store Terms and Conditions
If you use the services provided via the ‘ONLINE STORE’ link on this Site (the “Online Store”), you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Mighty Taco does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Online Store only with involvement of a parent or guardian. Mighty Taco reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
All items purchased from the Online Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Mighty Taco does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Mighty Taco does not take title to the refunded item. For more information about our returns and refunds, please contact us via email.
Mighty Taco does not warrant that product descriptions or other content of the Online Store are accurate, complete, reliable, current, or error-free. If a product offered by the Online Store is not as described, your sole remedy is to return it in unused condition.
This Site provides links to the sites of certain other businesses. Mighty Taco is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their sites. Mighty Taco does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Any dispute or claim relating in any way to your use of this Site, or to any products or services sold or distributed by Mighty Taco or through this Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial. You agree that Mighty Taco may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Modification and Severability
These terms and conditions will be governed and interrupted pursuant to the laws of the State of New York inside the United States of America, notwithstanding any principles of conflict of laws. This is the entire agreement between the parties relating to the use of this Site. Mighty Taco can revise these terms and conditions at any time by updating this posting. This Site may be linked to other sites which are not maintained by Mighty Taco. Mighty Taco is not responsible for the content of those sites.
Mighty Taco strongly encourages all parents to supervise their children’s on-line activities and regularly monitor their children’s use of the Internet. Parents should consider using parental control tools and other services to assist them in supervising their children’s on-line use or on-line disclosure of their name, address or other personal information without parental consent.