Terms and Conditions
WEBSITE TERMS AND CONDITIONS
Your Use of the Site
Subject to your compliance with the terms and conditions which follow, the Company grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way or circumvent or attempt to circumvent any security feature of this Site. The Company authorizes you to view, download, copy and print the information ("Materials") at this Site only for your personal, informational, non-commercial use. This authorization is not a transfer of title or intellectual property rights in the Materials, and/or copies of the Materials and is subject to the following restrictions:
- You must retain, on all copies of the Materials downloaded, all copyright, trademark and other proprietary notices contained in the Materials.
- You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use the Materials for any public or commercial purpose.
- You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms and Conditions of Use.
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, the Company does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Privacy and Security
Trademarks and Ownership of Intellectual Property
Rubio’s®, Rubio’s Coastal Grill®, The Original Fish Taco®, Baja Grill Burrito®, The Coastal Trio®, To the Ocean®, Ocean Goodness® and Made with a Mission® are service marks of Rubio's Restaurants, Inc., and are registered in the U.S. and other countries. The absence of a product or service name or logo belonging to Rubio's Restaurants, Inc. anywhere in the text of this Site does not constitute a waiver of Rubio's trademark or other intellectual property rights concerning that name or logo used or referenced on this Site.
The trademarks, logos, service marks, and all other source identifying names and graphics displayed on the Site, and the Site and all of its contents including, but not limited to, all text, images and audio (collectively, the "Intellectual Property"), are owned and copyrighted by Rubio's Restaurants, Inc., or others with all rights reserved unless otherwise noted. Rubio's Restaurants, Inc., does not permit the use of its Intellectual Property in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without Rubio's Restaurants, Inc., prior express written permission.
Limitations of Liability
Neither the Company, nor its affiliates, parents or subsidiaries, nor any of our or their officers, directors, employees, agents, third party content providers, sponsors, or licensors warrant that the Site will be continuous, uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability or currency of any content, information, product or service provided through the Site. It is understood that inaccuracies or errors of a typographic or programming type may occur. While Rubio's puts forth its best effort to maintain accuracy and timely material, you acknowledge that any reliance on any inaccurate information, opinion, advice, statement, or memorandum shall be at your sole discretion and risk.
APP TERMS AND CONDITIONS
This Rubio’s App (the “App”) is offered by Rubio’s Restaurants, Inc. and/or its subsidiaries (“Company”, “we”, or “us”) subject to these Terms and Conditions (“Terms and Conditions”). These Terms and Conditions are a legal and binding agreement between you and Company governing your use of this App, which includes its content, information, services, and features.
This App is offered and available to users who are 13 years of age or older. If you are not at least 13 years of age, you must not access or use this App. If you are at least 13 years of age but less than 18 years old, your parent or guardian must review and accept these Terms and Conditions.
Please read these Terms and Conditions, which apply to your use of this App. If you do not agree to these terms, then do not use this App.
Content & Use
This App and all content, information, and other materials featured, displayed, contained, and available on this App (collectively, the “Content“) are owned by or licensed to Company and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Company grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or its Content.
You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Company may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.
We may modify these Terms and Conditions from time to time. When we do, we will typically notify you by email or otherwise as reasonably determined by us or required under applicable law. It is therefore very important that you update your account information or notify us when your email address changes. Any changes to these Terms and Conditions will also be posted here and available from the App’s link to these Terms and Conditions. Your continued use of the App after any modification confirms your acceptance to the modifications.
Additionally, we may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given above. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App.
Third Party Materials
This App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Login and Registration
Certain features or services offered on or through this App may require you to complete a registration process and/or set up an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Company immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Company or any other App user due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s account or login information. Company shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Mobile Ordering Terms
This App may provide you with the ability to place orders for the Company’s products using your mobile device (“Mobile Ordering"). Your access to and use of the Mobile Ordering functions of this App are governed by these Terms and Conditions and our Mobile Ordering terms located at [MOBILE ORDERING TERMS LINK], which are incorporated herein by this reference.
THIS APP AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP OR CONTENT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OR BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitations of Liability
IN NO EVENT SHALL COMPANY OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE OR LOSS OF DATA, OR (B) DIRECT DAMAGES THAT EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE TRANSACTION FOR WHICH THIS APP WAS USED. THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE DAMAGES ARISE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT OR THESE TERMS AND CONDITIONS, WHETHER OR NOT COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU AND, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
When you use this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will typically communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.
The App will permit but not require you to include a mobile phone number as part of your registration or account set up. If you include your mobile phone number at your option, you consent to receive text messages or other automated messages from us sent to your mobile phone number. These messages may include confirmation of registration information, confirmation of order information and marketing messages about products available from us.
This App is controlled, operated, and administered by Company from offices within the United States of America. The Company’s restaurants are located in the United States and this App is intended for use in the United States. We make no representation regarding use of this App outside of the United States. You may not use this App or export any portion of it in violation of U.S. export laws and regulations. If you access this App from locations outside of the United States of America, you are responsible for compliance with all local laws.
This App is governed by and subject to the laws of the State of California, USA and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree that Company may apply for injunctive or other equitable relief with respect to the Company’s intellectual property or Content in any court of competent jurisdiction. Except for actions by the Company seeking equitable relief with respect to the Company’s intellectual property or Content, you agree that all disputes between you and Company related to the App and these Terms and Conditions will be resolved by binding arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Company hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor Company will participate in a class action or class-wide arbitration for any claims related to the App or covered by these Terms and Conditions. Unless not permitted by law, you also agree not to participate in claims brought in a private attorney general or representative capacity. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms and Conditions.
All or any of Company’s rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Company’s assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Company’s failure to act with respect to a breach by you or others does not waive Company’s right to act with respect to that breach or subsequent or similar breaches.
If you have any questions regarding the App and/or these Terms and Conditions, you can contact us here https://www.rubios.com/contact-us.
Terms and Conditions last updated on November 26, 2018. Copyright © 2018 Rubio’s Restaurants, Inc. All rights reserved.