TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING TAQUERIA AGAVE’S SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS. DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE DISPUTE RESOLUTION SECTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, GOVERNING LAW, AND VENUE) INCLUDED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

These Terms of Use (“Terms”) govern your access to and use of the websites (each, a “Site” or “Website”), mobile applications (each, an “App”), text messaging programs, third-party messaging platforms, and other online services (collectively, the “Services”) operated by or on behalf of Taqueria Agave (“we,” “our,” or “us”, “The Restaurant”). These Terms form a binding legal agreement between you and Taqueria Agave. Your use of the Services indicates your acceptance of these Terms, which may be updated from time to time.

1. ACCURACY AND RELIABILITY

The Restaurant strives to ensure that information on the Services is accurate and reliable, but errors may occur. To the fullest extent permitted by law, The Restaurant makes no warranties regarding the reliability of the Services, content, or submitted materials. Your use of the Services is at your own risk.

2. DISCLAIMER OF WARRANTIES

The Services are provided “as is” and “as available” without any representation or warranty, express or implied. To the fullest extent permitted by law, The Restaurant disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, accuracy, and non-infringement. The Restaurant is not responsible for the acts or omissions of third-party providers or service partners.

3. LIMITATION OF LIABILITY

In no event shall The Restaurant or its affiliates be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to the use or inability to use the Services, even if advised of the possibility of such damages. Some jurisdictions do not allow certain exclusions or limitations; in such cases, liability is limited to the fullest extent permitted by law.

4. ELIGIBILITY

You must be at least 13 years old to use the Services. If you are between 13 and 17, you may use the Services only under the supervision and consent of a parent or legal guardian. Accounts are for personal, noncommercial use only

5. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Restaurant, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the Services or violation of these Terms.

6. COMMUNICATIONS

By using the Services, you may provide personal information or communicate with us electronically. Any information you provide is governed by The Restaurant’s Privacy Policy, which forms part of these Terms.

7. INTELLECTUAL PROPERTY

All content on the Services, including text, graphics, logos, icons, and images (“Content”), is the exclusive property of The Restaurant and protected by applicable intellectual-property laws. You may not copy, distribute, or reproduce any part of the Services without our prior written consent.

8. USER-SUBMITTED CONTENT

By submitting content (including feedback, photos, or ideas) to The Restaurant, you grant us a perpetual, worldwide, royalty-free, non-exclusive license to use, display, reproduce, and create derivative works from that content for any lawful purpose, without obligation to notify or compensate you. You represent and warrant that you have all rights necessary to submit such content.

9. ONLINE ORDERS AND PAYMENTS

To make purchases, you must provide valid payment information. By placing an order, you authorize The Restaurant to charge your selected payment method for the full amount, including applicable taxes and fees. Prices will be displayed before checkout. All payments are subject to The Restaurant’s Privacy Policy and the applicable third-party payment-processor terms.

10. ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your account and password. The Restaurant is not liable for losses resulting from unauthorized access to your account.

11. TEXT MESSAGING & MOBILE PROGRAM

By enrolling in our mobile text program, you consent to receive recurring marketing and transactional messages at the phone number provided. Consent is not required for purchase.

Message and data rates may apply. To opt out, reply STOP to the number from which you received the message.

We are not liable for delayed or undelivered messages. Data collected through the SMS program may include your phone number, carrier, and message details and will be used as described in our Privacy Policy.

12. THIRD-PARTY LINKS

The Services may link to third-party sites not operated by The Restaurant. We are not responsible for the content or practices of any linked site. Links are provided for convenience and do not imply endorsement.

13. VIOLATION OF TERMS

We may terminate or restrict your access to the Services at any time without notice if you violate these Terms. You agree that The Restaurant may seek injunctive relief or damages if you breach these Terms.

14. DISPUTE RESOLUTION AND ARBITRATION

A. Agreement to Arbitrate

You and The Restaurant agree that any claim or dispute arising out of or relating to these Terms or your use of the Services (“Dispute”) will be resolved by individual arbitration rather than in court, except that either party may bring a qualifying claim in California small-claims court in Santa Cruz County.

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16).

B. Informal Dispute Resolution

Before starting arbitration, the complaining party must send written notice (“Notice”) including their name, address, contact details, a description of the Dispute, and the requested relief.

Notices must be sent to:

Taqueria Agave Legal Disputes

1836 Soquel Ave, Santa Cruz, CA 95062

(the “Notice Address”).

The parties will attempt to resolve the Dispute informally for 60 days. If unresolved, either may begin arbitration.

C. Arbitration Procedures

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with one neutral arbitrator. Hearings may be held virtually or in Santa Cruz County, California, unless both parties agree otherwise. The arbitrator may award any relief available in court but only on an individual basis. No class or representative actions are permitted.

D. Arbitration Costs

Arbitration fees will be governed by the AAA Rules. The parties will cooperate in good faith to minimize costs.

15. CLASS-ACTION & JURY-TRIAL WAIVERS

You and The Restaurant each agree that any proceeding—whether in court or arbitration—will be conducted only on an individual basis and not as a class, collective, or representative action.

You waive any right to a jury trial to the fullest extent permitted by Washington State law.

16. GOVERNING LAW AND VENUE

Except for the arbitration agreement (governed by the FAA), these Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.

If a Dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in San Mateo County, California, and waive any objection to venue or inconvenient forum.

17. LIMITATION ON CLAIMS

Any claim arising out of or related to these Terms or the Services must be filed within one (1) year of the event giving rise to it, or it is permanently barred.

18. MISCELLANEOUS

Failure by the restaurant to enforce any right under these Terms is not a waiver. If any provision is found unenforceable, the remaining provisions remain in effect. Headings are for convenience only. The Restaurant shall not be liable for failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, or government actions.

19. ENTIRE AGREEMENT

These Terms, along with our Privacy Policy (and any applicable Rewards Terms), constitute the entire agreement between you and The Restaurant regarding your use of the Services and supersede all prior agreements.

Last Updated: October 28, 2025