Effective: May 27, 2022

 

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN  YOU (‘YOU” OR “USER”) AND TACOS A CABRON, INC. AND ITS SUBSIDIARIES OR AFFILIATES (“TACOS A CABRON”). YOU AGREE TO TACOS A CABRON FACILITATING DELIVERY OF ORDERS FOR FOODS BOUGHT AND SOLD ON TACOS A CABRON MOBILE APP PURSUANT TO YOUR AGREEMENT(S) WITH TACOS A CABRON, INC. YOU HAVE BEEN CONNECTED TO TACOS A CABRON BY THE MOBILE APP. TACOS A CABRON AND USER SHALL BE HEREINAFTER REFERRED TO INDIVIDUALLY AS A “PARTY” AND COLLECTIVELY AS THE “PARTIES.”

 

SECTION 11 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 11 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION 11(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 11 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

 

1. Definitions.

  1. ”Buyer(s)” means the buyer(s) of products from Sellers on the Tacos A Cabron Mobile App.  
  2. “Delivery Driver” means independent third-party delivery contractor.
  3. “Disclosing Party” has the meaning assigned thereto in section 5(a)
  4. “Tacos A Cabron Services” means (i) assignment to Tacos A Cabron of an Order by Tacos A Cabron Mobile App; (ii) the pick-up of the Order from the applicable Seller by a Delivery Driver, and (iii) the same day or next day delivery of such Order by a Delivery Driver to the applicable Customer.
  5. “Order” means the product(s) sold by Seller and bought by Buyer on the Tacos A Cabron Mobile App.
  6. “Personal Information” shall mean any information exchanged under these Terms that (i) identifies or can be used to identify an individual (including without limitation, names, telephone numbers, addresses, signatures, email addresses or other unique identifiers); or (ii) that can reasonably be used to authenticate an individual (including without limitation, name, contact information, precise location information, access credentials, persistent identifiers and any information that may be considered ‘personal data’ or ‘personal information’ under applicable law).
  7. “Receiving Party” has the meaning assigned thereto in section 5(a).
  8. “Seller(s)” means the User selling their products to Buyers on the Tacos A Cabron Mobile app.
  9. “Terms” means the provisions herein.
  10. “User” means Seller or Buyer, as applicable.

 

2. The Parties’ Relationship.

  1. Tacos A Cabron is a food service and online connection platform which uses web-based technology and  independent delivery contractors (“Delivery Drivers“) to facilitate same day deliveries of Orders to Buyers. You have been connected to Tacos A Cabron through Tacos A Cabron Mobile App. Tacos A Cabron is not a merchant, seller of goods, or delivery service. User and Tacos A Cabron agree they are independent of one another and the Parties’ relationship is governed by these Terms. Nothing in the Parties’ agreements, relationship or transactions shall create or be construed as creating an agency, partnership, fiduciary or joint venture relationship between Tacos A Cabron, Delivery Driver and User (or any User employees, representatives or locations). Except as expressly set forth in these Terms, and any applicable terms between the Parties, each Party shall be responsible for its own expenses, profits and losses.

 

3. Tacos A Cabron & User Core Responsibilities. Tacos A Cabron and User shall have the following responsibilities with respect to this Agreement:

  1. Tacos A Cabron Core Responsibilities. Tacos A Cabron will, in a timely manner, make delivery opportunities received from the app available to Delivery Drivers, to facilitate Delivery Driver pick-up of the applicable Order from the Seller to deliver to the Buyer.
  2. User Core Responsibilities. User will:
    1. not use Tacos A Cabron to deliver any prohibited items
    2. use Tacos A Cabron to deliver only the item(s) listed and described on the Tacos A Cabron mobile App listing, and will not include any additional or different items not reflected in the Tacos A Cabron mobile app listing;
    3. will communicate with Delivery Drivers solely through the means made available by Delivery Drivers via the Tacos A Cabron mobile app and will not initiate communication with Delivery Driver via another platform or method of contact;
    4. acknowledge and agree that the Tacos A Cabron Services are only available to persons over the age of eighteen (18) who can form legally binding agreement(s) under applicable law. If User does not qualify, User is not permitted to use the Tacos A Cabron Services;
    5. use the Tacos A Cabron Services in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Tacos A Cabron, negatively reflect on the goodwill or reputation of Tacos A Cabron and shall take no actions which would cause Tacos A Cabron to be in violation of any laws, rulings or regulations applicable to Tacos A Cabron;
    6. provide a safe pick-up and/or drop-off location and environment for Tacos A Cabron;
    7. not threaten or engage in violent, abusive, sexually suggestive language and conduct, and/or other physical behavior towards a Delivery Driver or otherwise engage in any verbal or discriminatory abuse or any other violent or illegal actions that would harm or have the potential to harm a Delivery Driver; and
    8. acknowledge and agree that your use of the Tacos A Cabron Services is at your own risk and that Tacos A Cabron will not be liable for any of your acts or omissions and will not be liable to you or to any party claiming through you for any direct, indirect, incidental, special, consequential or other damages in tort, contract, product liability or under any other theory of law.

 

4. Complaints. User agrees that Tacos A Cabron shall be responsible only for facilitating the pick up and delivery of the Order. Seller shall be solely responsible for any Buyer complaints regarding the Order, including without limitation, complaints regarding the nature, quality, content, number, or packaging of the Order. User may refer complaints regarding Delivery Driver pick-up and delivery directly to Tacos A Cabron.

 

5. Confidential Information.

  1. The term “Confidential Information” shall mean any confidential or proprietary business, technical or financial information or materials of a party (“Disclosing Party”) provided to the other party (“Receiving Party”) in connection with these Terms, whether orally or in physical form.
  2. Confidential Information does not include information that: (i) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information being disclosed to the Receiving Party in connection with these Terms; (ii) was or becomes public domain other than by the fault of the Receiving Party; (iii) was or is received by the Receiving Party on a non-confidential basis from a third party that, to the Receiving Party’s knowledge, was not at the time under any obligation to maintain its confidentiality; or (iv) the Receiving Party can demonstrate by documentary records was independently developed by the Receiving Party without access to, use of or reference to any Confidential Information.
  3. The Receiving Party shall: (i) not access or use Confidential Information other than as necessary to exercise its rights or perform its obligations in accordance with these Terms; (ii) except subject to its compliance with Section 5(d), not disclose or permit access to Confidential Information other than to its or any of its employees, officers, directors, consultants, agents, independent contractors, service providers, subcontractors and legal advisors (“Representatives”) who need to know such Confidential Information for purposes of the Receiving Party’s exercise of its rights or performance of its obligations under and in accordance with these Terms, and prior to any such disclosure are bound by written confidentiality and restricted use obligations at least as protective of the Confidential Information as the terms set forth in this Section; and (iii) safeguard the Confidential Information from unauthorized use, access or disclosure using at least the degree of care it uses to protect its most/similarly sensitive information and in no event less than a reasonable degree of care.
  4. If the Receiving Party is compelled by applicable Law to disclose any Confidential Information then, to the extent permitted by applicable Law, the Receiving Party shall promptly notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights under Section 5(c) and provide reasonable assistance to the Disclosing Party, at the Disclosing Party’s sole expense, in opposing or seeking protective limitations on disclosure.

 

6. Modifications. Tacos A Cabron reserves the right, at its sole discretion, to change, suspend, or discontinue Tacos A Cabron Services at any time. Tacos A Cabron may, at its sole discretion, refuse to accept requests from the App if Tacos A Cabron determines that such Order, User subject Tacos A Cabron to undue regulatory risk, health and safety risk, or other liability. Tacos also may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the terms will be at [https://tacosacabron.com/terms-and-conditions]. By continuing to access or use Tacos A Cabron Services after those revisions become effective, you agree to be bound by the revised Terms.

 

7. Representations and Warranties; Additional Responsibilities; Warranty Disclaimer.

  1. Each Party represents and warrants that it has the full right, power, and authority to enter into and perform its obligations under these Terms without breaching any obligation to any third party.
  2. Each Party represents and warrants that it will comply with all applicable laws and regulations in its performance of these Terms, including without limitation (i) all applicable data protection and privacy laws, and (ii) all applicable laws related to third party intellectual property and other proprietary rights.
  3. User further represents, warrants and agrees that (i) it will comply with all applicable laws, rules, standards and regulations relating to the Order, including but not limited to any licenses, permits, health and safety requirements, food safety and sanitation, (ii) it will include on the Order packaging, any required consumer-facing warnings, charges, opt-in requirements, and instructions associated with the Order, (iii) it will disclose common allergens or other warnings in any Order, (iv) it will comply with its obligations under Section 3(b) of these Terms, and (vi) it will not use Tacos A Cabron to deliver any prohibited items not listed on the Tacos A Cabron Mobile App.
  4. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TACOS A CABRON HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY OR RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. User acknowledges that the operation of Tacos A Cabron’s web-based platform may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Tacos A Cabron shall not be responsible to User or others for any such interruptions, errors, or problems or an outright discontinuance of its platform nor for any guarantee of results with respect to the Tacos A Cabron Services or its platform. Both Parties acknowledge that neither party has any expectation or has received any assurances for future business or that any investment by a party will be recovered or recouped or that such party will obtain any anticipated amount of profits by virtue of these Terms.

8. Indemnification. User will defend, indemnify, and hold Tacos A Cabron and its subsidiaries and affiliates, and their respective officers, directors, shareholders, employees, and agents harmless, from and against any and all claims, damages, losses and expenses (including reasonable attorneys’ fees) (collectively “Losses”) with respect to any third-party claims arising out of or related to: (i) any bodily injury (including death) or damage to tangible or real property to the extent caused by User or the Order; (ii) any claims that the User breached its representations, warranties or covenants set forth in Section 5 and Section 7 of these Terms; or (iii) the violation of the intellectual property of the third party by the User’s logos, trademarks, trade names, menus, documentation, or other intellectual property (collectively, “Materials”). In addition, User will defend, indemnify and hold harmless Tacos A Cabron from any and all Losses related to any violation or alleged violation of any applicable law, health and safety code, rule, or regulation related to the Order except to the extent such Losses were caused directly by the gross negligence or willful misconduct of Tacos A Cabron. In each case Tacos A Cabron shall provide the User with (a) prompt notice of any claims such that the User is not prejudiced by any delay of such notification, (b) the option to assume sole control over defense and settlement of any claim, and (c) reasonable assistance in connection with such defense and settlement (at the User’s expense). Tacos A Cabron may participate in the defense or settlement of such a claim with counsel of its own choice and at its own expense; however, the User shall not enter into any settlement agreement that imposes any obligation on Tacos A Cabron without Tacos A Cabron’s express prior written consent.

 

9. Limitation of Liability. EXCEPT WITH RESPECT TO DAMAGES ARISING FROM VIOLATIONS OF LAW OR WILFUL MISCONDUCT, AND AMOUNTS PAYABLE TO THIRD PARTIES UNDER SECTION 8 (INDEMNIFICATION), TO THE EXTENT PERMITTED BY APPLICABLE LAW, (I) NEITHER PARTY WILL BE LIABLE TO THE OTHER UNDER THIS AGREEMENT, FOR INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, HARM TO GOODWILL, OR THE COSTS FOR PROCURING REPLACEMENT SERVICES, WHETHER BASED ON TORT, CONTRACT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

 

10. Insurance. Each Party will maintain adequate insurance in amounts not less than as required by law or that is common practice in such party’s business. Such insurance shall not be cancelled or materially reduced without thirty (30) days prior written notice. In no event shall the limits of any insurance policy be considered as limiting the liability of a party under these Terms.

 

11. Dispute Resolution. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH DOORDASH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 11 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

  1. Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of Tacos A Cabron Services as a User of Tacos A Cabron Services, to any advertising or marketing communications regarding Tacos A Cabron Services, or to any aspect of your relationship with Tacos A Cabron as a User of Tacos A Cabron Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Tacos A Cabron may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

CASES HAVE BEEN FILED AGAINST TACOS A CABRON—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.

IF YOU AGREE TO ARBITRATION WITH TACOS A CABRON, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST TACOS A CABRON IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

  1. Informal Resolution. You and Tacos A Cabron agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Tacos a Cabron therefore agree that, before either you or Tacos A Cabron demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Tacos A Cabron that you intend to initiate an informal dispute resolution conference, email Tacos A Cabron. Informal.Resolution@tacosacabron.com, providing your name, telephone number, email address, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration.   The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
  2. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to paragraph 11(b). If this notice is being sent to Tacos A Cabron, it must be sent by email to the counsel who represented Tacos A Cabron in the informal dispute resolution process, or if there was no such counsel then by mail to General Counsel, at 4226 E Olympic Blvd, Los Angeles, CA 90023. The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with ADR Services, Inc. must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration. Disputes shall be subject to ADR Services, Inc.’s most current version of its Arbitration Rules, available as of December 21, 2020 at https://www.adrservices.com/services/arbitration-rules or by calling ADR Services, Inc. at 310-201-0010. The fees that shall apply to arbitrations administered by ADR Services, Inc. are set forth on ADR Services, Inc.’s website, available as of December 21, 2020 at https://www.adrservices.com/rate-fee-schedule/. Specifically, the fees set forth in ADR Services, Inc.’s Mass Employment Arbitration Fee Schedule shall apply when twenty (20) or more arbitration claims are filed which: (1) involve the same or similar parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties. In all other circumstances, the fees set forth in ADR Services, Inc.’s General Fee Schedule shall apply, except that Tacos A Cabron will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all filing, administration, and arbitration fees will be governed by ADR Services, Inc.’s rules. If the arbitrator finds that you cannot afford to pay ADR Services, Inc.’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from ADR Services, Inc., Tacos A Cabron will pay them for you. If ADR Services, Inc. is not available to arbitrate, the parties will mutually select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  3. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Tacos A Cabron. Except as expressly agreed to in Section 11(g) of this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Tacos A Cabron.
  4. Waiver of Jury Trial. YOU AND TACOS A CABRON WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Tacos A Cabron are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 11(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
  5. Waiver of Class or Consolidated Actions.  EXCEPT AS EXPRESSLY AGREED TO IN SECTION 11(g) OF THIS AGREEMENT, YOU AND TACOS A CABRON AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS EXCEPT AS SET FORTH IN SECTION 11(g). CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN SECTION 11(g). If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Tacos A Cabron is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 15. This provision does not prevent you or Tacos A Cabron from participating in a class-wide settlement of claims.
  6. Batch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration demands against Tacos A Cabron, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with Tacos A Cabron and the arbitration provider to implement such a batch approach to resolution and fees.
  7. Opt Out. Tacos A Cabron’s updates to these User Terms do not provide a new opportunity to opt out of the Arbitration Agreement for Users who had previously agreed to a version of these User Terms and did not validly opt out of arbitration. Tacos A Cabron will continue to honor the valid opt outs of Users who validly opted out of the Arbitration Agreement in a prior version of these Terms. You may opt out of this Arbitration Agreement. If you do so, neither you nor Tacos A Cabron can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Tacos A Cabron in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Tacos A Cabron username (if any), the email address you currently use to access your Tacos A Cabron account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: opt-out@tacosacabron.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.
  8. No Effect on Independent Contractor Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND TACOS A CABRON RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A CONTRACTOR, OPTING-OUT OF THE ARBITRATION AGREEMENT SET FORTH IN THIS SECTION 11 HAS NO EFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH TACOS A CABRON.
  9. Survival. This Arbitration Agreement will survive any termination of your relationship with Tacos A Cabron.
  10. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Tacos A Cabron makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Tacos A Cabron.

12. Litigation Class Action Waiver. To the extent allowed by applicable law, separate and apart from the Mutual Arbitration Provision found in Section 11, User agrees that any proceeding to litigate in court any dispute arising out of or relating to this Agreement, whether because User opted out of the Arbitration Provision or any other reason, will be conducted solely on an individual basis, and User agrees not to seek to have any controversy, claim or dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which User acts or proposes to act in a representative capacity (“Litigation Class Action Waiver”). User further agrees that no proceeding will be joined, consolidated, or combined with another proceeding, without the prior written consent of all parties to any such proceeding. If a court of competent jurisdiction determines that all or part of this Litigation Class Action Waiver is unenforceable, unconscionable, void or voidable, the remainder of this Agreement shall remain in full force and effect.

 

13. Consumer Terms of Service. User agrees to comply with the Consumer Terms of Service which may be updated by Tacos A Cabron from time to time.

 

14. Termination. If you violate this Agreement, Tacos A Cabron may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists. In addition, at its sole discretion, Tacos A Cabron may modify, suspend or terminate your access to Tacos A Cabron Services and/or your DoorDash account, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to Tacos A Cabron Services and/or your Tacos A Cabron account, Tacos A Cabron reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal or injunctive redress. Even after your right to use Tacos A Cabron Services and/or your Tacos A Cabron account is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

 

15. General Provisions. These Terms constitute an integrated agreement between the Parties, which supersedes all prior agreements and communications of the Parties, oral or written, with respect to the subject matter hereof. The rights and obligations set forth in these Terms, which by their nature should, or by their express terms do, survive or extend beyond the termination or expiration of these Terms shall so survive and extend. This agreement is governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws principles thereof. User may not assign these Terms in whole or in part without Tacos A Cabron’s prior written consent. Tacos A Cabron may freely assign these Terms. These Terms are binding upon, and inure to the benefit of, the employees, representatives, agents, affiliates, franchisors, franchisees, and permitted successors and assigns of each party, but shall not confer any rights or remedies upon any third party. All notices, requests, consents and other communications under the Parties’ agreements must be in writing, and delivered by overnight courier to the User address held on record with Tacos A Cabron (or any updated address properly noticed hereunder). Tacos A Cabron’s address is 34226 E Olympic Blvd, Los Angeles, CA 90023. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not affect any other provisions of these Terms, and these Terms will be construed as if such invalid, illegal or unenforceable provision had never been contained here.