Terms & Conditions

Effective: September 28, 2021

The following terms and conditions (the “Terms”) constitute a binding agreement between you and Somos Amigos (“Somos,” “we,” or “us”) with respect to your use of eatsomos.com and the services available on the website (collectively, the “Services”), including any Content (as defined in Section 2 below).

By accessing or using the Services in any manner (whether automated or otherwise), you (a) acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy (https://eatsomos.com/pages/privacy-policy), which is incorporated herein by reference, and (b) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside). If you do not agree to these Terms or our Privacy Policy, do not use the Services.

  1. Changes to Terms. We may revise and update these Terms from time to time in our sole discretion. The date these Terms were last updated is set forth at the top of this page. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

 

  1. Scope of and Restrictions on Use. Subject to these Terms, Somos grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”). Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Somos. You agree not to:
  • collect information from the Services using an automated software tool or manually on a mass basis;
  • use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
  • obtain, or attempt to obtain, access to areas of Services or our systems that are not intended for access by you;
  • “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
  • restrict or inhibit other users from accessing or using the Services;
  • modify or delete any copyright, trademark, or other proprietary rights notices that appear on Services or in the Content; or
  • access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

 

  1. The Services (including the Content) are owned by Somos and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Services are registered and unregistered marks of Somos. You acknowledge and agree that, as between you and Somos, Somos is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

 

  1. Account Registration and Security. Access to and use of certain parts of the Services, such as signing up for a subscription, may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify us of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

 

  1. Purchases and Payment.

 

  • Purchases. You may order products through the Services by providing the requested information and submitting your order to Somos through the order page. A shipping charge may apply based on the size of your order. Taxes may apply based on the shipping address. By placing an order and providing your credit card information, you authorize Somos to charge your credit card (including shipping and any applicable tax) for the products you order. For more information, please see our Shipping Policy, (https://eatsomos.com/pages/shipping-policy) and Refund Policy (https://eatsomos.com/pages/refund-policy)
  • Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select, all applicable taxes, and shipping and handling charges, as set forth in our Shipping Policy, (https://eatsomos.com/pages/shipping-policy). Payment is due when you submit your order, and you hereby authorize Somos to charge such amount to your payment card at that time.

 

  1. User Content.

 

  • User Content and Restrictions. The Services may enable users to submit, upload, post, share, display, or transmit (hereinafter, “post”) ideas, reviews, information, and other user-generated content (collectively, “User Content”). You may not post any User Content that:
  • is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
  • constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms;
  • infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
  • encourages criminal conduct;
  • contains false, misleading, fraudulent, or deceptive claims or content;
  • gives the impression that it emanates from or is endorsed by Somos or any other person or entity, if this is not the case; or
  • contains any virus, malware, spyware, or other harmful content or code.

 

  • Rights You Grant to Us. You hereby grant Somos an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Somos that you own or control all rights in and to such User Content and have the right to grant the rights above to us.

 

  • No Responsibility. You agree that you are solely responsible for your User Content, and you acknowledge and agree that Somos is not responsible for, and does not endorse, any User Content.

 

  • No Obligation to Prescreen, Monitor or Use. Somos does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, Somos retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.

 

  • Submitted Ideas. While we appreciate your interest in the Services and our business, Somos does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Somos might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly provided for in our Privacy Policy (https://eatsomos.com/pages/privacy-policy), all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Services or in response to solicitations on the Services shall be deemed to be non-confidential and non-proprietary.

 

  1. Electronic Communications. The communications between you and Somos via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

  1. Privacy Policy. You acknowledge and agree that all information collected by Somos is subject to our Privacy Policy(https://eatsomos.com/pages/privacy-policy). By using the Services, you consent to all actions we take with respect to your information in accordance with our Privacy Policy.

 

  1. Sweepstakes, Contests, and Games. In addition to these Terms, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available via the Services may have specific rules that are different from these Terms. We urge you to review the applicable rules before you participate in a Promotion. In the event of a conflict between these Terms and Promotion rules, Promotion rules will control.

 

  1. Change and Suspension.

 

  • Changes to the Services. Somos reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Somos will not be liable to you or to any third party for any such change, suspension, or discontinuance.

 

  • Suspension/Termination of Access. Somos has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms. In the event that we suspend or terminate your access to the Services, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.

 

  1. Disclaimer; Limitation of Liability.

 

  • Disclaimer of Warranties. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SOMOS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER SOMOS NOR ANY PERSON ASSOCIATED WITH SOMOS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SOMOS NOR ANYONE ASSOCIATED WITH SOMOS REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

  • Limitation of Liability. to the fullest extent permitted by law, IN NO EVENT WILL SOMOS OR its OFFICERS, directors, employees, agents, licensors, OR service providers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES IS AT YOUR SOLE RISK.

 

  • Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 11 may not apply to you.

 

  1. You agree to indemnify, defend, and hold Somos and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content, or any violation of these Terms or applicable law.

 

  1. Third Party Materials. The Services 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 (collectively, “Third Party Materials”). You acknowledge and agree that Somos is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Somos does not assume and will not have any liability 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 at entirely at your own risk and subject to such third parties’ terms and conditions.

 

  1. Third Party Platforms. Somos may provide the Services to you through third-party websites, operating systems, platforms, and portals (collectively, “Third Party Platforms”). Additional terms and conditions may apply to you with respect to your use of Third Party Platforms, which are not under Somos’ control. Somos does not assume any responsibility or liability for your use of such Third Party Platforms.

 

  1. Linking to the Services. You may link to the Service’s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Services must not be framed on any other website, nor may you create a link to any part of the Services other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

 

  • Geographic Restrictions. Somos is based in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

  • Governing Law; Jurisdiction and Venue. These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule. of law provision or rule.  Any claim or dispute, legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of the Services, or any products sold or distributed by Somos or through the Services shall be instituted exclusively in the federal or state courts located in Austin, Texas. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

  • Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

  • Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.

 

 

  1. If you have any questions about the Services or these Terms, please call us at 1-844-HOT-TACO or email us at hola@eatsomos.com.

 

Notice to California Residents.  If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.