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Terms & conditions

Terms & Conditions

El Charro, LLC. Terms and Conditions Legal Notice: Terms and Conditions of Use

Please Read These Terms and Conditions of Use Carefully Before Downloading, Accessing, or Using any EL CHARRO Online Services

These Terms and Conditions of Use (" Terms and Conditions of Use ") apply to your access to, and use of, any El Charro, Inc. (" El Charro ") website, mobile application, and online service or program where these Terms and Conditions of Use are posted or linked (" EL CHARRO Online Services "). These Terms and Conditions of Use are a legal and binding agreement between you and El Charro, and, as applicable, its subsidiaries, affiliates, and related entities such as EL CHARRO Properties, Inc. and EL CHARRO Servco, Inc. (" Affiliates ") (El Charro and its Affiliates are referred to herein, as the context may require, as " we ", " us ", or " our "). These Terms of Use govern your use of the EL CHARRO Online Services, which includes the programs, offers, content, information, services, and features made available through the EL CHARRO Online Services. If you do not agree to these Terms and Conditions of Use, then you should not use the EL CHARRO Online Services.

Your use of the EL CHARRO Online Services is at your risk. If you are dissatisfied with the EL CHARRO Online Services in any way, its programs, offers, contents, features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the EL CHARRO Online Services.

Modifications to These Terms and Conditions of Use

We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the EL CHARRO Online Services, along with the date on which it was most recently updated as indicated by the " Last Updated " section at the end of these Terms and Conditions of Use. Your continued access to or use of the EL CHARRO Online Services and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.

Use of EL CHARRO Online Services

The EL CHARRO Online Services and all content, information, and other materials featured, displayed, contained, and available on the EL CHARRO Online Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer

programs (collectively, " Materials ") are owned by or licensed to El Charro and its Affiliates and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the EL CHARRO Online Services for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the EL CHARRO Online Services or its Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.

You agree to abide by all additional terms, conditions, and restrictions included within the EL CHARRO Online Services, the Materials, and/or the programs, features, and services.

El Charro may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any EL CHARRO Online Service, or any portion thereof; (2) change, revise, or modify the EL CHARRO Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the EL CHARRO Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, feature s, and services, or restrict your access to the EL CHARRO Online Services, in whole or in part ; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.

User Conduct

You agree to use the EL CHARRO Online Services, the Materials, and the programs, features and services in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree not to:

  • modify, adapt, translate, or reverse engineer any portion of the EL CHARRO Online Services or the Materials;

  • use the EL CHARRO Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;

  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;

  • use the EL CHARRO Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;

  • frame or mirror any portion or feature of the EL CHARRO Online Services;

  • use the EL CHARRO Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;

  • use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the EL CHARRO Online Services or the Materials; (2) reproduce or circumvent the navigational structure or presentation of the EL CHARRO Online Services or the Materials; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the EL CHARRO Online Services;

  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the EL CHARRO Online Services or with any other person’s use or enjoyment of the EL CHARRO Online Services;

  • transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;

  • circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of El Charro;

  • forge headers or otherwise manipulate identifiers;

  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;

  • submit or post any false or misleading information; and/or

  • violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of El Charro, its Affiliates, or any other person or entity.

    We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the EL CHARRO Online Services, the Materials, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.

    Submissions

    Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit to us through EL CHARRO Online Services (including, without limitation, "Share Your El Charro Story"), via phone, or otherwise (" Submissions ") will be considered non-confidential and non-proprietary. By providing a

Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.

We may, but shall not be obligated to, in our sole discretion, post any Submission on the EL CHARRO Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.

You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.

You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.

Programs and Promotions

Any programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, " Promotions ") made available through the EL CHARRO Online Services may be governed by rules and/or terms that are additional to these Terms and Conditions of Use. By participating in any such Promotion, you will become subject to any such additional Promotions terms. El Charro urges you to read the applicable Promotions terms, which are either included herein or linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms and Conditions of Use, governs any information you submit in connection with any such Promotions.

El Charro One Mobile App

In order to use EL CHARRO Online Services made available through the El Charro One Mobile Application (“ the App ”) you must have a compatible mobile device; El Charro does not warrant that the App will be compatible with your mobile device.

If you access the App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the App.

El Charro One Digital Gift Card

The El Charro Mobile App (the “ App ”) allows you to load funds onto a El Charro Digital Gift Card for use at participating El Charro locations. To load funds to your El Charro Digital Gift Card, sign into your El Charro One Account on the App, then open your card and enter a dollar amount and payment method (credit card, Apply Pay, etc.). The dollar value that you load onto your El Charro One Digital Gift Card with the El Charro One app is a prepayment redeemable solely for the goods and services of participating restaurants. We offer the El Charro One Digital Gift Card to make it more convenient for you to eat with us. We have no liability for any temporary inability to access funds loaded to a El Charro Digital Gift Card for any reason, including but not limited to connectivity failures, problems with your mobile phone or other device, temporary issues with our service providers, or any other reason. Unless otherwise required by law or permitted by these Terms and Conditions, the dollar value on your El Charro One Digital Gift Card is nonrefundable and may not be redeemed for cash nor via a credit back to a credit card, including the credit card from which such funds were originally loaded.

However, upon request, unused balances on a Digital Gift Card accessible via the App may be transferred to a physical El Charro gift card that you may use to make future purchases of El Charro goods and services or provide to a donee of your choice.

El Charro and participating El Charro restaurants may send messages from time to time using the contact information provided by you. Such messages may include system updates, flash bulletins, Offer confirmations, administrative announcements, special requests and the like and may be sent via notifications in the App, via e-mail, regular mail, or communicated to you on a receipt or display at the time of use of an your One account.

Your participation in any Offer is personal and non-transferable. Offer status and/or individual Offer may not be purchased, sold, bartered, brokered or otherwise transferred. There are no membership fees associated with El Charro One Offers. Offers made via El Charro One are

purely promotional offers. You agree that no portion of your payment for purchases qualifying for any Offer constitutes consideration paid for any Offer.

Offers . The EL CHARRO One Offers are issued on a periodic basis. They are referred to as ‘treats’ in the App but may appear with different descriptions from time to time. Upon signing up, you will receive notice via the El Charro One account of your current Offer. Once you activate a El Charro One account, you progress towards an Offer and are eligible to receive special offers, from time to time. The number, type and frequency of Offers are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume and type of purchases at participating El Charro restaurants, number of visits and frequency of visits to participating El Charro restaurants, interaction with other El Charro applications or promotions; or special offers made directly by El Charro Operators or El Charro which may include ways to progress toward your next Offer via a special promotion. For Offers that are based on purchases, the following types of purchases at a participating El Charro restaurant qualify: (1) placing and completing a Mobile order for a qualifying purchase through the App; (2) using your El Charro One Digital Gift Card to complete a purchase or transaction at a participating El Charro restaurant; (3) logging into your El Charro One account online and making an online purchase at a participating El Charro restaurant; and (4) or completing a transaction at a participating El Charro restaurant and scanning the digital code linking to your El Charro One account at checkout.

You must use the App or if placing an online order, be signed in to your El Charro One account, to complete the qualifying purchase or activity in order for that purchase or activity to count towards your progress to the next qualifying Offer. Benefits applied from any single qualifying purchase or activity may only be credited to one (1) El Charro One account. The qualifying purchase or activity will be applied to your One account after completion of the qualifying purchase or activity. In certain cases, it may take twenty-four (24) hours or more to be credited. El Charro shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your El Charro One account.

Offers are purely promotional offers and may have certain restrictions including expiration dates and short, time-limited redemption periods. For free drink or food Offers, some restrictions apply and items are subject to availability at participating El Charro restaurants. All Offers must be redeemed prior to the stated expiration date for the Offer and in compliance with any other conditions associated with the particular Offer to be valid. It is your responsibility to check your El Charro One account periodically for Offers and use the Offers prior to the stated expiration date.

Activities which allow progress towards Offers do not count towards and may not be combined with other programs. Activities tied to specific Offers must be fully completed and will only result in one Offer, regardless of the number of times the activity is performed. El Charro reserves the right to change, modify or update these Offers and the qualifying purchases and activities to progress to an Offer from time to time without notice. Certain purchases and transactions do not qualify, including, without limitation: (i) purchases of El Charro gift cards or gift certificates; (ii) purchases or transactions made using an Offer or other promotional item

(such as a Be Our Guest card); or (iii) catering purchases made as a guest (e.g. made while not signed in to your El Charro One account), whether made in-store, online or through the App. El Charro is under no obligation to provide you with any particular number of Offer opportunities or special offers. El Charro reserves the right to limit enrollment at any time.

Special Offers : El Charro and participating El Charro restaurants, in their sole and absolute discretion, may periodically offer the opportunity for additional Offers on particular transactions or special offers (“ Special Offers ”). Special Offers may also be distributed to you via the App or via e-mail or mail from time to time (based on the information you have in your One account). Special Offers may include periodic promotional offers on food, beverages and merchandise.

You must have your App set to receive notifications and/or have opted-in to receive email communications in order to receive promotional and marketing offers. Special Offers may be customized based on your qualifying purchases and preferences. In certain events, Special Offers may require that you have location settings enabled for them to be distributed to your App. Please note that El Charro and participating El Charro restaurants may be unable to send these Special Offers to you if you have turned off your notifications or location settings in the App; if you have elected not to receive email communications from El Charro; or if you have poor network connectivity. Special Offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Special Offers are personal to you and cannot be shared, copied or transferred. You may be required to present your El Charro One account information at the participating El Charro restaurant in order to redeem Special Offers. Read each offer carefully for specific details, conditions, limitations and restrictions.

Redeeming Offers . To redeem an Offer, you must present the valid Offer in the App at a participating El Charro restaurant (for in-person transactions) or be logged into your El Charro One account (for in App transactions). Offers are subject to availability and limitations as may be imposed by El Charro. Determinations regarding redemption of Offers are subject to the discretion of the participating El Charro restaurant. Only one Offer may be redeemed per transaction.

Once redeemed, the Offer will be indicated as redeemed in your El Charro One account. Updates to the status of Offers may take 24-48 hours or more to show up in your account. A list of current Offers and redeemed and expired Offers are available under your El Charro One account. Offers have no cash value and are not redeemable for cash, gift certificates or gift cards. Offers are promotional and do not constitute property of any El Charro One account holder. El Charro reserves the right to limit the redemption of specific Offers and limit the number of Offers available. El Charro reserves the right to modify the number of qualifying purchases or transactions needed to receive specific Offers.

Cancellation; Termination . You may opt-out of El Charro One Offers at any time, for any reason by cancelling your El Charro One account by calling El Charro CARES. If you cancel your One account, any unredeemed Offers and/or progress towards other Offers will automatically expire and will no longer be available for redemption. If you re-enroll at any time, you will start at the introductory Offers level as applicable.

Upon cancellation, your El Charro One account shall immediately cease and you may no longer receive Offers, redeem Offers previously received, receive El Charro One benefits, or make purchases using remaining balances on Digital Gift Card funds accessible via your El Charro One account. El Charro has no obligation to compensate you for any unredeemed Offers or benefits following cancellation, or for unused balances on Digital Gift Cards accessible via your El Charro One account. El Charro will not refund any unused balances on Digital Gift Card funds accessible through your El Charro One account (including via credit back to a credit card from which such funds may have been loaded to the Digital Gift Card), but will upon request at the time of cancellation of your El Charro One account transfer any unredeemed Digital Gift Card balances accessible through your El Charro One account to a physical El Charro gift card that you may use to make future purchases or gift to a donee of your choosing. Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation.

El Charro reserves the right to suspend or terminate, at El Charro’s sole and absolute discretion, any El Charro One account if El Charro believes that the account holder has abused El Charro One Offers privileges, has violated or acted inconsistently with these El Charro One Offers Terms and Conditions or applicable law or acted in a manner harmful to our interests. El Charro further reserves the right to terminate a El Charro One account that has been inactive for a period of three (3) years or more. You understand and agree that termination by El Charro of a El Charro One account will result in in the cancellation of all Offers associated with that account and the inability to earn and/or redeem further Offers, as well as inability to access or use any remaining balances on Digital Gift Cards accessible via your El Charro One account. Upon termination of your El Charro One account, El Charro will not refund any unused balances on Digital Gift Card funds accessible through your El Charro One account (including via credit back to a credit card from which such funds may have been loaded to the Digital Gift Card), but will upon request at the time of termination of your El Charro One account transfer any unredeemed Digital Gift Card balances accessible through your El Charro One account to a physical El Charro gift card that you may use to make future purchases or gift to a donee of your choosing.

El Charro reserves the right to terminate El Charro One Offers Program, or any or all benefits under El Charro One Offers, at any time, for any reason. In the event El Charro elects to terminate El Charro One Offers, El Charro will provide a notice of termination in accordance with these Terms, as they may be modified or amended from time to time. In the event of such termination, at El Charro’s election, El Charro may allow you to redeem any outstanding valid and unexpired Offers at a participating El Charro restaurant until expiration of such Offers. ANY UNREDEEMED AND UNEXPIRED OFFERS SHALL BE CANCELLED AT THE LATER OF (1) THE EXPIRATION OF THE THEN-CURRENT OFFERS OR (2) NINETY (90) DAYS AFTER EL CHARRO ONE OFFERS PROGRAM TERMINATION.

General Restrictions . El Charro shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its One Offers Terms and Conditions and any decision it makes relating to termination or disabling of El Charro One your El Charro One account or of the overall El Charro Offers Program (including, but not limited to, cancellation of specific Offers) shall be final and binding. Should you object to any of these One Offers Terms and Conditions, or any

subsequent modifications thereto, or become dissatisfied with El Charro One Offers, your sole remedy is to discontinue participation in El Charro One Offers programs and properly cancel your account in the manner provided above.

Login and Registration

Certain programs, offers, features, or services offered on or through the EL CHARRO Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify El Charro immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by El Charro or any other EL CHARRO Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.

You may not use anyone else’s login at any time without their express written permission. El Charro shall not be liable for any loss or damage arising from your failure to comply with these obligations.

Mobile Apps

In order to use EL CHARRO Online Services made available through a mobile application ("Mobile App") you must have a compatible mobile device; El Charro does not warrant that the Mobile App will be compatible with your mobile device.

If you access the Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.

Links To Third Party Sites and Social Media Pages

The EL CHARRO Online Services may contain links to other third-party websites, including the franchised operators of El Charro Restaurant businesses (" Operators "), and social media platforms, such as Facebook, Twitter, or Foursquare (all links to third-party websites and social

medial platforms are collectively referred to herein as " Linked Sites "). Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. El Charro and its Affiliates have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from a Linked Site (including, without limitation, from an Operator Linked Site), your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.

Privacy

El Charro's Privacy Policy applies to use of the EL CHARRO Online Services and programs, offers, and promotions, and its terms are made a part of these Terms and Conditions of Use by this reference. By accessing and using the EL CHARRO Online Services you agree to be bound by our Privacy Policy .

Trademark Information and Ownership of Intellectual Property

El Charro® and Eat Mor Chikin® are registered trademarks and service marks of EL CHARRO Properties, Inc. (" EL CHARRO Properties ") in the United States and other countries. El Charro is a licensee of El Charro Properties. The absence of a trademark notice or legend indicating the registration or ownership by EL CHARRO Properties anywhere in the text of the EL CHARRO Online Services does not constitute a waiver of EL CHARRO Properties’ trademark or other intellectual property rights concerning that trademark or service mark used or referenced on the EL CHARRO Online Services.

The EL CHARRO Online Services, the Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the EL CHARRO Online Services (collectively, the " El Charro Intellectual Property ") are owned by or licensed to EL CHARRO Properties, El Charro, or others with all rights reserved unless otherwise noted. We do not permit third parties to use El Charro Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.

Nothing contained on the EL CHARRO Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use El Charro Intellectual Property without our prior express written permission. You are strictly prohibited from using any El Charro Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that EL CHARRO Properties and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Electronic Communications

When you visit the EL CHARRO Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the EL CHARRO Online Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.

No Warranties

El Charro makes no representations or warranties regarding the EL CHARRO Online Services and the Materials.

WE DO NO WARRANT THAT THE EL CHARRO ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE EL CHARRO ONLINE SERVICES OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE EL CHARRO ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

THE EL CHARRO ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE EL CHARRO ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“ PROVIDERS ”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE EL CHARRO ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE EL CHARRO ONLINE SERVICES.

Limitations of Liability

IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE EL CHARRO ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE EL CHARRO ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless El Charro, its Affiliates, its Providers, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with the EL CHARRO Online Services, and the Materials, programs, offers, features, and services made available through the EL CHARRO Online Services.

International Users and Choice of Law

The EL CHARRO Online Services are controlled, operated, and administered by us and our service providers from offices within the United States of America. We make no representation that Materials on the EL CHARRO Online Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the EL CHARRO Online Services or export the Materials in violation of U.S. export laws and regulations. If you access the EL CHARRO Online Services from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms and Conditions of Use and our Privacy Policy shall be governed by the laws of the State of Georgia, U.S.A., without regard to conflict of laws provisions or principles.

No Agency Relationship

Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the EL CHARRO Online Services, create any partnership, joint venture, employment, or other agency relationship between El Charro, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.

Violation of these Terms and Conditions of Use and Remedies

You agree that El Charro may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the EL CHARRO Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to El Charro. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If El Charro takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to El Charro. You agree that El Charro will not be liable to you or to any third party for termination of your access to the EL CHARRO Online Services as a result of any violation of these Terms and Conditions of Use.

Entire Agreement, Claims Limitations, and Severability

These Terms and Conditions of Use, together with our Privacy Policy and any other applicable terms included within the EL CHARRO Online Services, and/or the Materials, programs, offers, features, and services made available through the EL CHARRO Online Services, as each is currently posted on the EL CHARRO Online Services, constitute the entire agreement between us and you with respect to your use of the EL CHARRO Online Services and the Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. Any cause of action you may have arising out of or relating in any way to the EL CHARRO Online Services must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions of Use and Privacy Policy shall continue in full force and effect.

Contact Information

If you have any questions about EL CHARRO Online Services or these Terms and Conditions of Use, or to report violations of these Terms and Conditions of Use, please contact us at:

El Charro, LLC
1621 west 6th st
Los Angeles CA, 90017