LAREDO FLAVOR, INC. DBA EL QUERREQUE TERMS OF USE

 

 

These Terms of Use (“Terms”) govern your access to, and use of, the websites (each, a “Site” or “Website”), mobile applications, the mobile text program, third party messaging platforms, and online services or programs (collectively, the “Services”) operated by or on behalf of the Laredo Flavor, Inc. DBA El Querreque Grill group of companies (“El Querreque Grill”) and on which these Terms appear. These Terms are a legal and binding agreement between you and Laredo Flavor, Inc. Your use of the Services indicates your acceptance of these terms. Do not use the Services if you do not agree to be bound by these Terms.

 

Laredo Flavor, Inc strives to ensure that the information contained on the Services is accurate and reliable. However, Laredo Flavor, Inc. and the Services are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to the applicable law, Laredo Flavor, Inc. makes no representations about the reliability of the features of the Services, the Laredo Flavor, Inc. Content (defined below), Submitted Content (defined below), or any other Service feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Laredo Flavor, Inc. is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Laredo Flavor, Inc., and Laredo Flavor, Inc. does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by Laredo Flavor, Inc. prior to posting and Laredo Flavor, Inc. makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Laredo Flavor, Inc. makes no representations regarding the amount of time that any Laredo Flavor, Inc. Content or Submitted Content will be preserved.

 

The Services are provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, Laredo Flavor, Inc. hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. Laredo Flavor, Inc. disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services and materials, programs, and features made available therein.

 

In no event shall Laredo Flavor, Inc. or any of Laredo Flavor Inc.’s Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the Services, even if Laredo Flavor, Inc. has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Laredo Flavor, Inc., its affiliates, its providers, and its officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Services and/or materials, programs, and features made available therein.

 

COMMUNICATING WITH LAREDO FLAVOR, INC.

The Services may give you the ability to contact Laredo Flavor, Inc. by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about Laredo Flavor, Inc.’s products or to register for a particular sweepstakes or contest. The information that you provide to Laredo Flavor, Inc. through the Services is governed by Laredo Flavor, Inc.’s Privacy Policy.

 

LAREDO FLAVOR, INC. PROPERTY

The Services contain many valuable trademarks owned and used by Laredo Flavor, Inc. throughout the world. These trademarks are used to distinguish Laredo Flavor, Inc.’s quality products and services. The text, graphics, and html code contained on this Website and throughout the Services are the exclusive property of Laredo Flavor, Inc. (“Laredo Flavor, Inc. Content”). Laredo Flavor, Inc. Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written consent of Laredo Flavor, Inc.

 

USER-SUBMITTED CONTENT

Certain areas of the Services be enable you to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not Laredo Flavor, Inc., have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of Laredo Flavor, Inc. and Laredo Flavor, Inc. is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.

 

ONLINE PURCHASES

To purchase food products, merchandise, or other items through the Services, you must provide valid payment card and billing information. Such information will be collected by Laredo Flavor, Inc. Your information will be collected and used in accordance with Laredo Flavor, Inc.’s Privacy Policy. When you purchase items through the Services, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the Services, you represent and warrant to Laredo Flavor, Inc. that you are capable of entering into a contract under the applicable law.

 

WEBSITE ACCESS

Laredo Flavor, Inc. hereby grants you permission to use the Services as set forth in these Terms, provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without Laredo Flavor, Inc.’s prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will otherwise comply with these Terms.

 

In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Laredo Flavor, Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Laredo Flavor, Inc. or others due to such unauthorized use.

 

HYPERLINKS

The Services may link to sites not maintained by or related to Laredo Flavor, Inc. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with the Services or Laredo Flavor, Inc. Laredo Flavor, Inc. has not necessarily reviewed the sites hyperlinked to or from the Services and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Laredo Flavor, Inc. makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from the Services. Furthermore, Laredo Flavor, Inc. does not implicitly endorse third-party sites hyperlinked to or from this Website.

 

TEXT MESSAGING NOTICE

If you choose to participate in any Laredo Flavor, Inc. promotion that may involve the use of text messaging (either sending or receiving), Laredo Flavor, Inc. will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).

 

VIOLATION OF THESE TERMS AND REMEDIES

You agree that Laredo Flavor, Inc. may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if Laredo Flavor, Inc. determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Laredo Flavor, Inc. You also agree that monetary damages would be inadequate for such harm and consent to Laredo Flavor, Inc.’s obtaining any injunctive or equitable relief that Laredo Flavor, Inc.deems necessary or appropriate. These remedies are in addition to any other remedies that Laredo Flavor, Inc. may have at law or in equity.

 

If Laredo Flavor, Inc. takes legal action against you as a result of your violation of these Terms, Laredo Flavor, Inc. will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Laredo Flavor, Inc. You agree that Laredo Flavor, Inc. will not be liable to you or to any third party for termination of your access to the Services, mobile app, programs, and/or services as a result of any violation of these Terms.

 

GOVERNING LAW AND JURISDICTION

These Terms are governed by United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you or Laredo Flavor, Inc. in connection with your use of the Services or your Submitted Content, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws rules thereof.

 

DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER

You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of these Terms will be resolved in accordance with the provisions set forth in this Dispute Resolution section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.

 

You agree that whenever you have a disagreement with Laredo Flavor, Inc. arising out of, connected to, or in any way related to these Terms, you will send a written notice to Laredo Flavor, Inc. (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the following address (the “Notice Address”): Legal Department, El Querreque Grill c/o Laredo Flavor, Inc., 9701 McPherson Rd., Laredo, TX, 7045. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you and Laredo Flavor, Inc. to litigate claims in court and you and Laredo Flavor, Inc. each agree to waive your respective rights to a jury trial or a state or federal judge. 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 as a court would. You agree that you will not file any lawsuit against Laredo Flavor, Inc. in any state or federal court. You agree that if you do sue in state or federal court, and Laredo Flavor, Inc. brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Laredo Flavor, Inc. in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Laredo Flavor, Inc. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.

 

You agree that you will not file a class action or collective action against Laredo Flavor, Inc., and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you or Laredo Flavor, Inc. agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Laredo Flavor, Inc. agrees that we will submit all disputes with you to arbitration before the Arbitrator.

 

MISCELLANEOUS

These Terms constitute the entire agreement between you and Laredo Flavor, Inc. and govern your use of the Services and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Laredo Flavor, Inc. with respect to the Services. Both you and Laredo Flavor, Inc. acknowledge and agree that no partnership is formed and neither you nor Laredo Flavor, Inc. has the power or the authority to obligate or bind the other.

 

The failure of Laredo Flavor, Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

 

The failure of Laredo Flavor, Inc. to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Laredo Flavor, Inc. shall not be deemed a breach of this agreement. If Laredo Flavor, Inc. fails to act with respect to your breach or anyone else’s breach on any occasion, Laredo Flavor, Inc. is not waiving its right to act with respect to future or similar breaches.

 

The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.

 

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

BINDING AGREEMENT

These Terms constitute a binding agreement between you and Laredo Flavor, Inc., and are accepted by you upon your use of the Services. This agreement constitutes the entire agreement between you and Laredo Flavor, Inc. regarding the use of the Services and the features therein and supersedes and replaces any prior agreements between you and Laredo Flavor, Inc. regarding the use of the Services. By using the Services, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

 

 

This Privacy Policy describes how Laredo Flavor, Inc. and its subsidiaries and affiliates in North America (“El Querreque Grill”, “we”, “our”, “us”) may collect, use, and disclose personal information of visitors who access or interact with our mobile application (“App”) or our websites that link to this Privacy Policy, as well as other personal information about our customers.  The App, those websites, our restaurants, and our related service offerings are referred to in this Privacy Policy as our “Services.”  By using our Services or otherwise providing personal information to us, you consent to the collection, use, disclosure and other handling of personal information as described in this Privacy Policy.

COLLECTION OF INFORMATION

 

INFORMATION YOU PROVIDE

When you visit or interact with the Services, Laredo Flavor, Inc. may obtain certain personal information from you, such as:

·      Names, addresses, contact numbers, and email addresses;

·      Date of birth and gender;

·      Records of your orders and other transactions with us;

·      Credit/debit card number(s) and account information, including associated billing address(es) and expiration date(s);

·      Information provided via surveys, focus groups, and/or other marketing research efforts;

·      Employer and/or other company affiliations (e.g., employer names, titles, work addresses, and other contact information);

·      Job application information (e.g., resume, employment and educational history, references);

·      Precise location;

·      Other information described in the Information Collected Automatically section below (some of which is personal information).

We may also create inferences from this information or from other personal information we hold.

If you submit someone else’s personal information to us (e.g., someone else’s contact information), you represent that you are authorized to provide this information to us.

 

INFORMATION COLLECTED AUTOMATICALLY

We may collect certain information about you automatically when you visit or use our online Services. This information may include your IP address, device identifier, browser characteristics, operating system details, language preference, referring URLs, length of visits, and pages viewed. We automatically collect this information using various tools and technologies such as cookies and web server logs. A cookie is a piece of data that a website can send to your browser, which may then be stored on your computer, sometimes with a tag that identifies your computer. Many web browsers are set to accept cookies by default, but you may be able to set your browser to notify you before you receive a cookie, or to remove or reject cookies. Please note that disabling cookies may affect the availability and functionality of our online Services and other websites.

We may also use certain third-party web and mobile app analytics services – including but not limited to Google Analytics (opt out by installing Google Analytics’ opt-out browser add-on, and opt out of interest-based Google ads using Google’s Ads Settings), Twitter Analytics, and Facebook Custom Audiences – to help us understand and analyze how visitors use the online Services and serve ads on our behalf across the Internet. We’ve implemented Google Analytics Advertising features such as remarketing with analytics, interest-based advertising, demographics and interests reporting, user segment analysis, look-alike modeling and impression reporting. We and third-party vendors may use first-party cookies or other first-party identifiers as well as third-party cookies or other third-party identifiers to provide Laredo Flavor, Inc. with insight into behavior information relating to inferred visitor age, gender, and interests, and to deliver advertisements to you, create a profile of you, measure your interests, detect your demographics, detect your location, personalize content, and detect online behaviors such as site visitation, dwell time and actions taken. For more information on how the Google Marketing Platform uses the data collected through the online Services, visit: www.google.com/policies/privacy/partners/.

In addition to the automatic collection mechanisms listed above, we may also:

·      As an advertising publisher, use Tags in connection with the Nielsen Digital Ad Ratings Service for Google Ad Manager (see Nielsen opt-out tools here and here);

·      Through tracking technologies, receive and use Foursquare service user data, including search terms, what pages you view, your access times, the time you spend on each page, the IP address used to access the pages, and other user data (see Foursquare Privacy Policy); and

·      Use Microsoft’s Bing Universal Event Tracking (UET) feature, in which case Microsoft collects your personal information (see Microsoft Privacy Statement).

To find out more about how third-party analytics services manage the privacy of information in conjunction with delivering ads online, and how to opt-out of information collection or certain uses by these networks generally, including some companies mentioned above, please visit: http://www.youradchoices.comhttp://www.aboutads.info/appchoiceshttp://www.networkadvertising.org, or https://www.networkadvertising.org/mobile-choice. Please note that we are not responsible for the opt out process of third parties.

Depending on your personal device and App permission settings, when using the App, we may collect or have access to your:

  • Precise geolocation. When enabled, this may allow the App to collect real-time information about the location of your device (GPS and network-based) to provide requested location services, ensure your orders are placed at the correct location, and to serve you relevant offers or promotions.

  • Camera. When enabled, this may allow the App to access the camera to scan and input payment method details.

  • Wi-Fi connection information. When enabled, this may allow the App to view Wi-Fi connections.

  • Other. The App will send and receive data to and from the Internet, and may view network connections, have full network access, control vibration of your device, or prevent your device from sleeping.

You may be able to enable or disable location tracking by the App by adjusting the permissions in your account or device settings. Be aware that if GPS precise location services are disabled, other means of establishing or estimating location (e.g., connecting to or proximity to Wi-Fi, Bluetooth, beacons, or our networks) may persist. Enabling location tracking may allow the App to track your location in the background, which can decrease battery life.

We will store personal information we obtain for no longer than is necessary to achieve the purposes for which the information was collected, or as otherwise required or permitted under applicable law.

Note that for information we collect via Apple services (e.g., iOS), we will obtain your consent before sharing your personal information with third parties for those third parties’ direct marketing purposes.

Information Collected From Third Parties

Third-party service providers may share with us your personal information that you submit to them. For example, if you apply for a job using the careers section, order food or catering, order gift cards, make a purchase for merchandise, make a payment through the Services, or provide feedback on your experiences, you may submit personal information to one or more third parties that may share your information with us. Additionally, for certain features of the online Services, you may log in through your third-party social media account or share content from the online Services through third-party social media platforms. We may combine information that we have about you with information we obtain from third parties. When you submit information to a third party, you are subject to that third party’s terms of use and privacy policies, for which we are not responsible.

 

USE OF INFORMATION

We may use personal information we obtain about you to:

  • facilitate and personalize your user experience and improve the Services;

  • conduct statistical analysis of the content, layout, and features of the Services for our marketing purposes;

  • communicate with you regarding our restaurants and other Services;

  • respond to your requests or inquiries;

  • register you for accounts on the Services;

  • register you for our email and postal mailing lists or for promotions or offers conducted in connection with the Services;

  • process payment information for online food orders or online purchases through our merchandise or gift card store;

  • respond to job inquiries and job applications submitted by you;

  • process your fundraiser applications;

  • send marketing information to you, such as promotional offers or information about new product offerings, programs, or restaurant openings;

  • provide location services;

  • prevent, investigate, identify, stop, or take any other action with regard to suspected or actual fraudulent or illegal activity, or any activity that violates our policies; or

  • for any other purpose, with your consent where appropriate.

 

SHARING OF INFORMATION

We may share your personal information with our third-party service providers for a variety of reasons, such as fulfilling orders, assisting with promotions, performing website analytics, delivering relevant marketing messages and advertisements, providing technical services, and otherwise carrying out any of the uses and disclosures described in this Privacy Policy. We generally require our service providers to provide at least the same or equal protection of user data as stated in this Privacy Policy.

Some of the third-party service providers (for example, those mentioned in the “Information Collected Automatically” section above) may view, edit, or set their own tracking technologies/cookies.

We may also publicly post on our online Services certain user-generated content you submit to us.

In the event of a business transaction, such as if we sell or transfer all or a portion of our business or assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction, including negotiations of such transactions), we reserve the right to disclose any information we obtain through the Services. You acknowledge that such transfers may occur and are permitted by this Privacy Policy.  To the extent legally permitted, the acquiring party may use the information pursuant to their own privacy policy instead of this one.

We may also disclose personal information when required by subpoena, search warrant, or other legal processes, or in response to activities that are unlawful or a violation of Laredo Flavor, Inc.’s rules for use of the Services, or to protect and defend the rights or property of Laredo Flavor, Inc. or others.

 

CHILDREN’S PRIVACY

The online Services are not intended for, and are not intentionally targeted to, children under 13, and we do not knowingly request or collect personal information from any person under 13 years of age through the Services. If we learn that the online Services have received personal information directly from a child who is under the age of 13, we will delete the information in accordance with applicable law.

 

YOUR CHOICES

If at any time you want to update certain personal information we have about you, or if you wish to change certain preferences (including certain communication preferences), you may do so by (1) logging into your registered website or App account and changing your account settings (including location tracking), or (2) contacting us as described at the end of this Privacy Policy.

You also can make certain choices by using the options described in the “Information Collected Automatically” section above.  If you no longer wish to provide us information through the App, you may uninstall the App from your device.

We use cookies to provide you a customized experience both within our website and through our various advertising materials. If you would like to delete cookies or change the settings on your web browser to delete or refuse cookies, please visit the Help pages of your web browser:

Please keep in mind that if you delete cookies or refuse to accept them, you might not be able to use all of the features on our website, you may not be able to store your preferences, and some of our pages may not display properly.

 

SECURITY

We use various security measures as part of an effort to protect your personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission and storage are not completely secure (whether online or offline) and we cannot guarantee the security of your information.

 

INTERNATIONAL DATA TRANSFER

Your personal information may be stored and processed in any country where we, our service providers, or any of the other recipients described in the “Sharing of Information” section above have facilities. By using our Services or otherwise providing personal information to us, you consent to the transfer of your personal information to all of those locations, including those outside your country of residence, where privacy rules are different.  Personal information is typically subject to the laws of the country in which it is held, and sometimes also the laws of other countries that have a connection to its processing, such as the source country.  For this reason, your personal information may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of any of the countries described above, pursuant to the laws of such countries.  However, this Privacy Policy will continue to apply to personal information collected under this Privacy Policy when it is held by any member of the Laredo Flavor, Inc. corporate family or by any third-party processor that has been engaged by any Laredo Flavor, Inc. entity, regardless of location.

 

LINKS TO OTHER WEBSITES AND SERVICES

The Services may offer links to websites and other services that are not maintained by Laredo Flavor, Inc. By visiting one of these linked websites or services, you are subject to their privacy and other policies. We are not responsible for, or able to monitor or control, the policies and practices of other companies.

 

CHANGES TO LAREDO FLAVOR, INC.’s PRIVACY POLICY

From time to time, Laredo Flavor, Inc. may change this Privacy Policy. Changes will be indicated by the “Last Updated” date at the top of this page.

 

CONTACT US

For questions or complaints about this Privacy Policy or our handling of personal information, you may contact our Privacy Team via postal mail at:

Attn: Privacy Officer

El Querreque Grill
9701 McPherson Rd.
Laredo, TX 78045