Terms of Use

February 4, 2014

Welcome! You have arrived at the website of Real Mex Restaurants. The policies below are applicable to our websites; all email newsletters published or distributed by us; all apps published by us; and all other interactive features, products, services, and communications provided by us (collectively, the “Websites”), which are operated by us and available via computer, mobile device, tablet or other technology (each a “Device”). While we hope you enjoy our Website, it is important that you carefully read these Terms of Use and any updates, supplements, rules and policies (“Terms”), as these Terms are a legal agreement between you and Real Mex that state the material terms and conditions that govern your use of the Website. You agree to these Terms by accessing or using our Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEBSITE.

REAL MEX MAY PERIODICALLY AND IN ITS SOLE DISCRETION MODIFY THESE TERMS. IF REAL MEX MATERIALLY CHANGES THESE TERMS, A NOTICE WILL BE POSTED ON THE WEBSITE, ALONG WITH THE UPDATED TERMS, AND THE “LAST UPDATED” DATE ABOVE WILL BE MODIFIED. YOUR CONTINUED USE OF THE WEBSITE MEANS THAT YOU ACCEPT THE UPDATED TERMS. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS WILL APPLY RETROACTIVELY.

Privacy and Other Terms

These Terms include Real Mex’s privacy policy, located at  http://realmexrestaurants.com/privacy-policy . The Privacy Policy is incorporated by reference and also governs your visit to the Website.

Mobile Devices

The Website may be available to you via your mobile Device. Your carrier may prohibit or restrict certain features of the Website from being available on your mobile Device, and some features may be incompatible with your carrier or Device. Real Mex disclaims all liability in connection with your use of the Website via your Device, including your inability to use or access certain features of the Website.

Account Creation

You understand that you may create an account on the Website, join our email list serves or participate in membership opportunities. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Real Mex has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Real Mex has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).  You are entirely responsible for the security and confidentiality of your password and account.  Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.  You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the services and Website.  We have the right to provide user account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business) as set forth in the Privacy Policy.

Website and Content Use Restrictions

Content

The Website contains (i) materials or other items relating to Real Mex and its restaurant concepts (the “Restaurants”), including Website layout, information, images, scripts, URLs, sounds, software, and the “look and feel” of the Website, (ii) trademarks, logos, trade names, service marks, and trade identities of Real Mex, the Restaurants, and other third parties, (iii) menus and designs, and (iv) other forms of intellectual property owned by us, the Restaurants, our licensors, or our content providers (collectively, “Content”).

Restrictions on Use of Materials

Unless otherwise specified, the Website and its Content (including past, present, and future versions of the Website and the “look and feel” of the Website) are owned by Real Mex, our licensors, or our content providers, and are protected by copyright, trademark, or other proprietary rights. You may not copy, republish, upload, post, transmit or distribute any material from this Website for commercial use. Use of the materials for impermissible purposes is a violation of copyright rights and other proprietary rights of Real Mex, our licensors, or our content providers. All rights not expressly granted to you are reserved by us. Any unauthorized use of the Website or its Content for any purpose is not allowed.

Trademarks

All trademarks, service marks, and trade names of Real Mex and our affiliated Restaurants (including the Real Mex name and logo) are trademarks or registered trademarks of Real Mex or its affiliates. You may not use, copy, republish, upload, post, transmit, distribute, or modify Real Mex’s trademarks in any way, without Real Mex’s prior written consent. The use of Real Mex’s trademarks on any other website is not allowed.

Links to the Website

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website, so long as: (i) the links and the content on your website do not suggest any affiliation with Real Mex or cause any other confusion, and (ii) the links and the content on your website do not portray Real Mex or its products or services in a false, misleading, derogatory, or otherwise offensive manner, do not contain content that is inappropriate for children or that is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, or illegal,  that violates any right of any third party, or that is otherwise objectionable to Real Mex. Real Mex reserves the right to suspend or prohibit linking to the Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or to any third party. Real Mex disclaims all liability in connection with hyperlinks to our Website.

Links to Third-Party Websites

This Website may include links to other websites and the plugins from other websites. These links and plugins are provided for your convenience, and they do not signify that we endorse the websites. We have no responsibility for the content of the linked websites. Any activities you engage in involving linked websites are subject to privacy and other policies, terms, and conditions of use, and other rules issued by the operator of the linked websites. Real Mex disclaims all liability in connection with the linked websites.

Submissions

Real Mex welcomes your suggestions and comments (“Submissions”). Please submit your Submissions via email to help@realmexrestaurants.com. Submissions provided to Real Mex through the Website are Real Mex’s property. Real Mex will not be liable for any use or disclosure of any Submissions. You hereby assign, without compensation, all existing rights in and to your Submissions to Real Mex. This policy is intended to avoid the possibility of future misunderstandings if projects developed by Real Mex seem similar to ideas contained in your Submissions.

User Generated Content

Real Mex welcomes you to submit, post, upload, embed, display, communicate or distribute content generated by you (“User Generated Content”) to help@realmexrestaurants.com for possible public display in designated community areas on the Website. By posting, uploading, inputting, providing or submitting your User Generated Content for display in community areas on the Website, you are granting Real Mex, its affiliates, and any sublicensees, permission to use your User Generated Content in connection with the operation of the Website or its business, including the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your User Generated Content, and to publish your username (if any) in connection with your User Generated Content. No compensation will be paid with respect to the use of your User Generated Content. Real Mex is under no obligation to post or use any User Generated Content, and may remove any User Generated Content at any time in Real Mex’s sole discretion. By posting, uploading, inputting, providing or submitting User Generated Content, you warrant and represent that you own or otherwise control all of the rights to your User Generated Content. You further agree that User Generated Content will not be considered confidential.

Real Mex does not control, and is not responsible or liable for, data, content, information, or products that you access, download, or receive from other users on the Website. Real Mex does not control or endorse the content of messages, or information found in any User Generated Content; therefore, Real Mex specifically disclaims any liability with regard to the User Generated Content and any actions resulting from your participation on the Website. We may refuse to publicly display User Generated Content or access to certain information, services, products, or domains to protect us, our network, the public, or our users.

Liability, Indemnification, and Release

Warranty Disclaimer

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the Website or the Content for any particular purpose. The Website and its Content are provided “as is” and your use of the Website is at your own risk. We do not guarantee continuous, uninterrupted or secure access to our Website. You acknowledge that the Website information and materials may contain inaccuracies and errors.

THE REAL MEX WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND REAL MEX DOES NOT PROVIDE ANY ASSURANCES AS TO THE USABILITY BY YOU OF THE WEBSITE. REAL MEX DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS TO THE ACCURACY OR SUFFICIENCY OF ANY PRODUCT OR SERVICE INFORMATION LISTED ON THE WEBSITE. REAL MEX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

Limitation of Liability

Real Mex will not be liable to you or to any third party for any direct or indirect, consequential, special, or punitive damages or losses you may incur in connection with the Website, your use of or inability to use the Website or its Content, regardless of the type of claim or the nature of the cause of action, even if Real Mex has been advised of the possibility of such damage or loss. You represent that you understand and agree that Real Mex menus and recipes may contain food products that you are allergic to, and Real Mex will not be liable to you or to any third party for any damages or losses (direct, indirect, consequential, special, or punitive) incurred in connection with such products.

In the event that the exclusion or limitation of liability for consequential or incidental damages is limited by state or other law, Real Mex’s liability is limited to the fullest extent permitted by law. Real Mex is not liable for any personal injury, including death, caused by your use or misuse of the Website or its Content, or any Real Mex products or services. To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against Real Mex from losses or damages you sustain in connection with your use of the Website, Real Mex products or services, or the Content. Real Mex is liable only to the extent of actual damages incurred to you, but in no event in an amount greater than $100.00. Any claims arising in connection with your use of the Website or its Content must be brought within one (1) year of the date of the event giving rise to such action.

Indemnification

You agree to defend, indemnify, and hold harmless Real Mex from any claim or demand, including reasonable attorneys’ fees (including on appeal), made due to or arising out of your use of the Website or your violation of the Terms. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees (including on appeal), resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden on our infrastructure.

Force Majeure

Real Mex will not be responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation, fire, lighting, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, or fuel or energy shortages.

Arbitration

ANY DISPUTE ARISING OUT OF OR RELATING TO THE WEBSITE, ITS CONTENTS, YOUR ACCOUNT, OUR PRODUCTS OR SERVICES, OR THE TERMS (INCLUDING INTERPRETATION OR BREACH OF THE TERMS), OR TO THE EXISTENCE, SCOPE, OR VALIDITY OF THE TERMS OR THIS PROVISION, INCLUDING THE NATURE AND EXTENT OF THE ISSUES TO BE ARBITRATED, WILL BE SETTLED BY CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR, USING THE RULES OF JAMS, INC. AND SHALL TAKE PLACE IN LOS ANGELES, CALIFORNIA; PROVIDED, HOWEVER THAT TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR OR OUR AFFILIATES’ INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE HAVE A CAUSE OF ACTION IN EQUITY, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT OF COMPETENT JURISDICTION, AND YOU CONSENT TO JURISDICTION AND VENUE IN ANY SUCH COURT FOR THAT PURPOSE.

YOU AGREE TO ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS. AS SUCH, YOUR CLAIMS MAY NOT BE JOINED WITH ANY OTHER CLAIMS, AND NO DISPUTE MAY BE ARBITRATED ON A CLASS-ACTION BASIS OR BROUGHT BY A PURPORTED CLASS REPRESENTATIVE.

THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING ON ALL PERSONS AFFECTED BY THE DECISION. JUDGMENT UPON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.

General Provisions

Fees

You are responsible for the purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.

Termination

Real Mex has the right to change or discontinue the Website or any feature of the Website at any time.

Choice of Law

The Terms, and any dispute arising out of your use of the Website or its Content, are governed and interpreted in accordance with the laws of the State of California (without regard to its conflict of laws principles) and the applicable laws of the United States.

Severability

The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of the remaining provisions.

Assignment

Real Mex may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without notice.

Additional Terms

Except as otherwise provided herein, these Terms are the entire agreement between you and Real Mex, and supersede any prior understandings or agreements, written or oral.

Copyright

All Website design, graphics, text selections, arrangements, software, and designs are owned by Real Mex or its licensors.  ALL RIGHTS RESERVED.

Thank you for visiting our Website. We hope you enjoy your visit.