Terms of Use

Acceptance Of The Terms Of Use

The Services include all means by which Pollo Campero provides content to you or receives content from you, including, without limitation, Pollo Campero websites, download-able software applications, delivery of Pollo Campero content to you at your request, mobile web sites, mobile download-able applications, services that allow you to submit content to Pollo Campero, blog submission services, chat rooms and message boards. The Services are owned and operated by Pollo Campero. Pollo Campero has the right at any time to change or discontinue any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services. 

These terms of use are entered into by and between you and Campero USA Corp. (together with its respective subsidiaries and affiliated companies, “Pollo Campero”, “we”, or “us”). The following terms and conditions, together with the Pollo Campero Privacy Policy  and any other agreements or documents expressly incorporated by reference herein (collectively, these “Terms of Use”) may govern your access to and use of the Pollo Campero website (us.campero.com), including, any content, functionality, and services offered by Pollo Campero thereon whether as a guest or a registered user, and any mobile application and other online services, tools or programs to the extent owned or operated by Pollo Campero (collectively, the “Website”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU USE OR ACCESS THE WEBSITE. ACCESSING OR USING THE WEBSITE, CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE, AS SUCH MAY BE REVISED BY POLLO CAMPERO FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN YOU AND POLLO CAMPERO GOVERNING THE USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE WEBSITE. THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN ANY DISPUTE BETWEEN YOU AND POLLO CAMPERO AS WELL AS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

Further to the foregoing, by accessing or using the Website, or by clicking to accept or agree to the Terms of Use (when this option is made available to you), you accept and agree to be bound and abide by these Terms of Use.

The Website is not intended to be used by, or targeted to, anyone under the age of 13 years old. YOU MUST BE AT LEAST 13 YEARS OLD TO ACCESS AND USE THE WEBSITE. If you are at least 13 years old but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these Terms of Use with your parent or guardian and they must understand and agree to these Terms of Use in order for you to use the Website.

Changes To The Terms Of Use

Pollo Campero reserves the right to modify or update these Terms of Use from time to time in its sole discretion by posting any revision on the Website. All changes are effective immediately when we post them on the Website, and such changes apply to all access to and use of the Website thereafter. However, any changes to the dispute resolute provisions set out in the Governing Law and Jurisdiction provisions set forth herein will not apply to any disputes for which the parties have actual notice of on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the Terms of Use each time you access the Website, so you are aware of any changes, as they are binding on you.

Accessing The Website And Account Security

We reserve the right to withdraw or amend the Website, and any service, content or material we provide on the Website, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website (including but not limited to any devices, software and services needed to access and use the Website); and
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Pollo Campero does not guarantee that the Website will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the Website.

In order to access or use certain areas of the Website, you may need to register for an account. You agree to only create one (1) account for your personal, non-commercial use, subject to these Terms of Use. You further agree to provide correct, current and complete information when creating your account, and thereafter update your account information, as applicable, and to keep your account secure by not sharing your password with others and restricting access to your account and your computer(s) or other device(s) used by you to access the Website and/or your account. Furthermore, you agree that all information you provide to register for an account on the Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by the Pollo Campero Privacy Policy and consistent with the Pollo Campero Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and expressly agree not to provide any other person or entity with access to the Website or any portions of it using your user name, password, or other security information. You agree to maintain the security of your account by ensuring that you properly exit or “log off” of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You expressly agree to take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You agree that all information you provide us when you create an account on or though the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and consistent with our Privacy Policy.

Please read the Pollo Campero Privacy Policy  to understand how Pollo Campero collects and uses the personal information you provide Pollo Campero. By accessing or using the Website, you consent to all actions that we take with respect to your information, in accordance with our Privacy Policy.

Intellectual Property Rights

The Website and the contents, features, functionality (including, but not limited to, the Pollo Campero logo, trademarks, service marks, and all designs, information, software, text, displays, images, graphics, pictures, video, audio files, other files and the design, selection, and arrangement thereof) and other materials therein, are owned by Pollo Campero, its licensors, or other providers of such content and material, and are protected by United States and international copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other intellectual property or proprietary rights laws. All rights not expressly granted are reserved.

Subject to these Terms of Use, Pollo Campero grants you a non-exclusive, non-transferable, limited and revocable license to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material or content on the Website, except as follows:

·       Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing the materials.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • If we provide desktop, tablet, or mobile applications or any other form of application, for you to download, you may download the application to your computer, tablet or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the applicable end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.
  • You must not:
  • Modify copies of any materials or content from the Website.
  • Use any illustrations, photographs, images, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any portion of the Website or any services or materials available through the Website.

If you wish to make any use of the materials or content on the Website other than as forth herein, please address your request to: help@campero.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your license to use the Website will immediately cease and you must, at our option, return or destroy any copies of the materials you have made. No right, title, interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Pollo Campero. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Pollo Campero, Campero, Campero USA, the Pollo Campero logo, and all related names, logos, graphics, products and service names, service marks, designs, and slogans are trade names, trademarks or registered trademarks of Pollo Campero or its affiliates or licensors (collectively, the “Marks”). You must not use the Marks without the prior written permission of Pollo Campero. All other names, logos, graphics, products and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm any other person in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To harass, abuse, stalk, threaten, or otherwise infringe or violate the rights of any other party.
  • To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate Pollo Campero, a Pollo Campero employee, another user, or any other person or entity, or otherwise misrepresent your identity or affiliation with another person or entity (including, without limitation, by using email addresses or screen names associated with, or substantially similar to, any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Pollo Campero or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Provide sensitive personal information unless specifically requested by Pollo Campero.
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use of the Website, including their ability to engage in real life time activities through the Website.
  • Use or launch any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use technology or other means to access the Website and other content that is not authorized by Pollo Campero.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce or attempt to introduce any viruses, Trojan horses, worms, logic bombs, or other material, computer code, file, or program that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, disable, overburden, impair or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, network or database connected to the Website.
  • Attempt to gain unauthorized access to other user accounts.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain public community areas such as, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, Facebook, Twitter, Instagram, or other social media services (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content and/or materials (collectively, “User Contributions”) on or through the Website. When you participate in the Interactive Services and post User Contributions, you understand that certain information and content may be displayed publicly.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contributions you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contributions on the Website, you grant us, our agents, employees, affiliates and service providers, and each of their and our respective licensees, successors, and assigns an irrevocable license to use, translate, publish, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Contributions (for any purpose in accordance with your account settings). By posting User Contributions, you hereby release Pollo Campero, its agents, employees, affiliates and service providers, and each of their and our respective licensees, successors, and assigns from any claims that such use, as authorized herein, violates any of your rights and you understand that you will not be entitled to any compensation for any such use of your User Contributions.

You represent and warrant that:

  • You own and control all rights in and to the User Contributions and have the right to submit, distribute and produce such User Contributions and grant the license granted hereinabove.
  • All of your User Contributions do and will comply with these Terms of Use.
  • Your User Contributions are not subject to any confidentiality obligations.

Pollo Campero does not control any User Contributions posted, submitted or otherwise distributed by you or any third party.  You understand and acknowledge that you are responsible and assume liability for any User Contributions you submit or contribute, and you, not Pollo Campero, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Pollo Campero does not take responsibility for or assume liability for any User Contributions posted by you or any other user of the Website, or for any loss or damage thereto, nor is Pollo Campero liable for any User Contributions or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or other content therein.

Monitoring And Enforcement; Termination

Pollo Campero has no obligation to edit or monitor any of the User Contributions posted on the Website, nevertheless, Pollo Campero reserves the right, and has absolute discretion, to remove any User Contributions on the Website at any time and for any reason without notice. In addition, we also have the right to:

  • Refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Pollo Campero.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS POLLO CAMPERO AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY POLLO CAMPERO AND/OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER POLLO CAMPERO OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, in certain instances, Pollo Campero may not review all the content or material (including, but not limited to, User Contributions) before it is posted on the Website and, once posted, cannot ensure prompt removal of any content or material that violate these Terms of Use. Enforcement of these Terms of Use is solely in our discretion and any delay or absence of enforcement does not constitute a waiver of our right to enforce these Terms of Use. Accordingly, we assume no liability for any action or inaction regarding any transmission, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

Pollo Campero expressly reserves the right, without notice and in its sole and absolute discretion, to terminate your license to use the Website and to block or prevent your future access to and use of the Website. Pollo Campero’s failure or delay in taking such actions does not constitute a waiver of its right to enforce these Terms of Use.

Content Standards

The standards for content listed hereinbelow apply to any and all User Contributions and use of Interactive Services (collectively, the “Content Standards”). User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material or content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable in our sole discretion.
  • Promote or contain sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
  • Violate or infringe on the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and the Pollo Campero Privacy Policy.
  • Promote or encourage any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by Pollo Campero or any other person or entity, if this is not the case.
  • Be unlawful, fraudulent or deceptive.
  • Violate these Terms of Use.

Copyright Infringement

If you believe that any User Contributions violate or infringe a copyright you own or control, please notify us athelp@olo.com for instructions on sending us a notice of copyright infringement. It is Pollo Campero’s policy to terminate the user accounts of repeat infringers. In addition, Pollo Campero may, in its sole and absolute discretion, limit access to the Website and/or terminate the user accounts of any users who infringe any intellectual property rights of others, whether or not such user is a repeat infringer.

Reliance On Information Posted

The information posted on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user or visitor to the Website, or by anyone who may be informed of any of its contents.

In addition to User Contributions, this Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Pollo Campero, are solely the opinions and the responsibility of the person or entity providing those materials, not Pollo Campero. These materials do not necessarily reflect the opinion of Pollo Campero. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes To The Website

Pollo Campero reserves the right to update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Pollo Campero also reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice, in its sole and absolute discretion. You agree that Pollo Campero will not be liable for any modification, suspension or discontinuance of the Website or any part thereof.

Information About You And Your Visits To The Website

All information we collect on this Website is subject to the Pollo Campero Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases And Other Terms And Conditions

Services made available through the Website may only apply to participating Pollo Campero restaurants operating in the United States. Purchases through the Website or other transactions for the sale of goods or services through, or resulting from visits made by you to, the Website, may be operated by third-party suppliers and service providers. In such case, these Terms of Use do not apply, and are subject to their own respective privacy policy, and terms and conditions and/or terms of use. By using the services provided by any third-party supplier and/or service provider, you agree to comply with all terms and notices of such third-party supplier and/or service provider. We are not responsible for the privacy practices and terms of these websites and applications. We encourage you to read their terms and privacy statements if you wish to utilize these websites and applications, including, but not limited to:

The terms set forth in the “Privacy Policy” and “Terms and Conditions” provided by Mobo Systems, Inc. d/b/a Olo with respect to the hosting of the Pollo Campero online ordering engine for the Website (uscampero.olo.com), and the “Privacy Policy” and “Terms and Conditions” provided by Punchh, Inc. d/b/a Punchh with respect to the operation and administration of Pollo Campero’s online platform and promotional programs via e-mail, text message, and/or the mobile application.

Linking To The Website And Social Media Features

You are granted a limited, non-exclusive right to create text hyperlinks to link to the homepage of the Website, for noncommercial purposes, provided you do so in a way that is fair and legal and does not portray Pollo Campero in a way that is false, deceptive, or derogatory manner, or otherwise damage or harm Pollo Campero’s reputation. Further to, and without limiting the foregoing, you may not establish a link, in such a way, as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that may enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send e-mails or other forms of communication with certain content, or links to certain content, on the Website.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

  • Establish a link to the Website from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials and content on the Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We reserve the right to revoke this limited right and disable all or any social media features and any links to the Website, at any time and for any reason, without notice in our sole and absolute discretion.

Pollo Campero makes no claim or representation regarding, and accepts no responsibility for, the content or nature of websites linking to the Website. Such websites are not under the control of Pollo Campero and, as such, Pollo Campero is not responsible for the content of any linked website or any link contained in a linked website.

Links From The Website

The Website may contain links to other websites, content, products, and resources provided by third parties including advertisements, such as banner advertisements and sponsored links (“Third-Party Links”). These Third-Party Links are provided for your convenience only. We do not control, endorse or adopt any such Third-Party Links, or any content or information thereon. You acknowledge and agree that Pollo Campero is not responsible or liable in any manner for any Third-Party Links or any information contained thereon including, but not limited to, the quality of third-party products or services or any warranty obligations related to such products and services. If you decide to access any of the Third-Party Links linked on, to or from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such website(s).

Geographic Restrictions

We provide this Website for use only by persons in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws.

Disclaimer Of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, POLLO CAMPERO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL OR CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER POLLO CAMPERO NOR ANY PERSON OR ENTITY ASSOCIATED WITH POLLO CAMPERO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER POLLO CAMPERO NOR ANYONE ASSOCIATED WITH POLLO CAMPERO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT THE USE OF THE WEBSITE BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, POLLO CAMPERO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation Of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL POLLO CAMPERO, ITS PARENTS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, LICENSORS, CONSULTANTS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM POLLO CAMPERO), OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, THEFT, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOUR ONLY REMEDY IS TO CEASE USE OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Pollo Campero, its parents, subsidiaries, affiliates, independent contractors, licensors, consultants, and service providers, and its and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any claims, suits, fines, penalties, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) of any kind or nature arising out of or relating to your violation of these Terms of Use, violation of any rights of a third-party,  or your use or misuse of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law And Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law principles.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in United States District Court for the Southern District of Florida, or if such court lacks jurisdiction, the Eleventh Judicial Circuit (or its successor) in and for Miami-Dade County, Florida, shall be the venue and exclusive proper forum in which to adjudicate any case or controversy arising out of or relating to, either directly or indirectly, these Terms of Use or the Website. The parties further agree that, in the event of such litigation, they will not contest or challenge the jurisdiction or venue of these courts.

Arbitration

Pollo Campero may, in its sole discretion, require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration before one (1) arbitrator in Miami, Florida. The arbitration shall be conducted in accordance with the Rules of Arbitration of the American Arbitration Association applying Florida law.

Class Action Waiver

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR POLLO CAMPERO WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver And Severability

No waiver by Pollo Campero of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pollo Campero to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and the Pollo Campero Privacy Policy constitute the sole and entire agreement between you and Pollo Campero regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Texting Program

If you choose to opt in to receive marketing messages from or on behalf of Pollo Campero (and its third-party suppliers and/or service providers), you understand and consent that that you will receive text messages (to the mobile number you provide to us) or push notifications from the mobile application from time to time. Such messages, which may be handled by third-party providers and service providers, may include special offers, surveys or other similar promotions and the like offered by Pollo Campero (“Promotions”). Promotions may only apply to participating Pollo Campero restaurants operating in the United States. Restrictions may apply, and items are subject to availability at participating Pollo Campero restaurants.  Promotions may be governed by rules and/or terms that are additional to these Terms of Use. Pollo Campero urges you to read the applicable Promotions terms and policies in connection with any such Promotions.

You will receive no more than 2 messages per week. Your mobile carrier’s message and data rates may apply. You are also responsible for any messaging and data charges, fees and taxes for your use of the Website, including when we communicate with you by text message or otherwise. All such charges are billed by and payable to your mobile service provider. Please contact your mobile carrier for information about your text messaging and data plan. Carriers are not liable for delayed or undelivered messages.

If you wish to withdraw your consent and unsubscribe, you may do so at any time. The text message may include the opportunity to opt out by replying STOP (CANCEL or UNSUBSCRIBE). Please note, opting out of the text message program does not mean you’ve opted out of all other forms of communication (e.g., email and push notifications from the mobile application). If you need help or have any issues, please reach out to help@campero.com.

Your Comments And Concerns

The Website is operated by Campero USA Corp. All notices of copyright infringement claims should be sent to the copyright agent designated below:

Campero USA Corp.
12404 Park Central Drive, Suite 250
Dallas, Texas 75251-1803
Attn: Legal Department

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: help@campero.com or write us at:

Campero USA Corp.
12404 Park Central Drive, Suite 250
Dallas, Texas 75251-1803
Attn: Legal Department