Follow America's Taco Shop on Twitter America's Taco Shop on Facebook
America's Taco Shop Privacy Statement

Site Terms of Use

PLEASE BE AWARE THAT THE SECTION TITLED “DISPUTE RESOLUTION” INCLUDES AN AGREEMENT TO ARBITRATE ANY DISPUTES WITH US AND AS APPLICABLE OUR SUBSIDIARIES AND AFFILIATES AND REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION UNLESS YOU OPT OUT WITHIN 30 DAYS. IT ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THE “DISPUTE SECTION” SECTION CAREFULLY.

ATTENTION: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF USE") CAREFULLY BEFORE USING THIS WEBSITE ("SITE"). USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS OF USE WITH YOUR PARENTS OR GUARDIAN.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.

USE OF WEBSITE

Kahala Franchising, L.L.C., dba America's Taco Shop, authorizes you to view and download the materials at this Site, under the condition that all the information, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (individually and collectively, "Content") may not be copied, distributed, republished, uploaded, posted, publicly displayed, performed or transmitted, in any way, without the prior written consent of America's Taco Shop, EXCEPT only for your personal, non-commercial use and provided that you retain all copyright and other proprietary notices contained in the original Content on any copies of the Content. For purposes of these Terms of Use, any use of the Content on any other website or networked computer environment for any purpose is prohibited.

COPYRIGHTS, TRADEMARKS AND SERVICE MARKS

Unless otherwise noted, all Content and other materials on this Site are protected under copyright, trade dress, trademark and/or other intellectual property laws and are owned solely by America's Taco Shop and/or its subsidiaries and affiliates or by other parties that have licensed their material to America's Taco Shop. The Content on this Site is copyrighted and any unauthorized use of the Content of this Site may violate copyright, trademark and/or other laws, in addition to being a material breach of these Terms of Use.

There are a number of proprietary logos, service marks, trademarks, slogans and product designations (individually and collectively, "Marks") found on this Site. By making the Marks available on this Site, America's Taco Shop is not granting you a license to use them in any manner. Access to this Site does not confer upon you any license under any of America's Taco Shop or any third party's intellectual property rights. Use of America's Taco Shop Marks found on this Site by users is restricted as set forth in these Terms of Use.

America's Taco Shop Marks may be used publicly only with prior written permission from America's Taco Shop. Fair use of America's Taco Shop Marks in advertising and promotion of America's Taco Shop services requires proper acknowledgment. No America's Taco Shop Mark may be used as a hyperlink without America's Taco Shop prior written permission.

All other names and brands are the proprietary Marks of others and may not be used without their respective owner's permission.

USER SUBMISSIONS

America's Taco Shop does not accept, nor does it solicit, any product, process, ideas, innovations, suggestions, improvements or other user submissions. All remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications you transmit or post to this Site (individually and collectively, "Communications") are assigned to, and will forever be the property of, America's Taco Shop without any further compensation or other benefit to the user submitting such Communications. Other than personally identifiable information, which is covered under America's Taco Shop Privacy Policy, any Communications will be considered non-confidential and non-proprietary. America's Taco Shop will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future America's Taco Shop operations. America's Taco Shop will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.

For any Communications that cannot be legally assigned to America's Taco Shop, you hereby grant America's Taco Shop and its designees an unrestricted, worldwide, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that America's Taco Shop is free to use any Communications, including, without limitation, any ideas, concepts, know-how or techniques included therein, that you send America's Taco Shop for any purpose whatsoever without compensation to you or any other person sending the Communications. In addition, you warrant that all so-called "moral rights" with respect to the Communications have been waived.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or any other material that would violate any law, or that could give rise to any civil or criminal liability under any law.

LINKS TO THIRD PARTY WEBSITES

This Site may provide links to other third party websites or resources. Such links to third party websites on this Site are provided solely as a convenience to you and do not constitute or imply an endorsement, sponsorship, recommendation of or affiliation with the third party or its products and services. America's Taco Shop has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content. Thus, America's Taco Shop makes no representations whatsoever about any other website, which you may access through this Site, or any information, software or other products or materials found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you acknowledge and agree that America's Taco Shop is not responsible for the availability of such websites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. It is up to you to take precautions to ensure that whatever websites or services you elect to visit or use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that America's Taco Shop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such website or resource.

DISCLAIMER

THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

America's Taco Shop DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THIS SITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE.

America's Taco Shop DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. WHILE America's Taco Shop MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT America's Taco Shop ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE CONTENT PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT America's Taco Shop. America's Taco Shop UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH CONTENT OR INFORMATION.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR USE OF THIS SITE.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL America's Taco Shop, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, PUNITIVE SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE CONTENT OR INFORMATION OR SERVICES CONTAINED AT THIS SITE AND/OR ANY OR ALL OTHER WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

America's Taco Shop respects the intellectual property rights of others and expects its users to do the same. America's Taco Shop will, upon receiving proper notice, act to remove or disable access to any Content or Communications alleged to infringe the copyright rights of a third party as set forth in the Digital Millennium Copyright Act (17 USC § 512) (DMCA). Any notifications of claimed copyright infringement must be sent to America's Taco Shop at the following address: kahala.customerservice@mtygroup.com. When notifying America's Taco Shop of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing Content or Communications, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

GENERAL TERMS

APPLICABLE LAWS

America's Taco Shop, from its offices within the United States of America, controls this Site. America's Taco Shop makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States, and access to this Site from territories where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of Idaho, without regard to conflict of laws principles. By using this Site, and agreeing to the Terms of Use, you agree to be subject to personal jurisdiction in the federal and state courts located in Bonner County Idaho. In addition, you hereby accept and submit to the personal jurisdiction of these Idaho courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, arising in connection with or relating to, these Terms of Use.

Dispute Resolution

To the extent there are any conflicts between the language below and the remainder of our Terms, the language below shall govern.

Arbitration Agreement

Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and we agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Site, mobile sites, SMS/MMS programs, any products or services sold or distributed through the Site, or the Terms and prior versions of the Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and we may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed or that involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.

Informal Dispute Resolution. If a Dispute arises between you and us, we are committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and we agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and we agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.

To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to us should be sent by email to us.legal@mtygroup.com and via regular mail to our offices located at Kahala Franchising, L.L.C., Attention: Legal Department, 9311 E. Via de Ventura, Scottsdale, AZ 85258. The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute, including the specific relief sought.

We will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date.

The Notice must be signed by the party initiating the Dispute (i.e., either you personally or a our representative).

The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.

The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

Waiver of Jury Trial. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located court in Maricopa County, Arizona or the United States District Court for the District of Arizona. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or us from participating in a class-wide or mass settlement of claims.

Rules and Forum. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. Unless doing so would violate applicable law, the arbitrator shall apply Arizona law consistent with the Federal Arbitration Act, and applicable statutes of limitations, and shall honor claims of privilege recognized at law. Foreign laws do not apply.

If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, or after the completion of the Informal Dispute Resolution Conference, if such Informal Dispute Resolution Conference was requested, whichever is later, you and we agree that either party shall have the right to finally resolve the Dispute through binding arbitration.

The arbitration will be administered by the National Arbitration & Mediation ("NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to us should be sent by email to us.legal@mtygroup.com and regular mail to our offices located at Kahala Franchising, L.L.C., Attention: Legal Department, 9311 E. Via de Ventura, Scottsdale, AZ 85258. We will provide the Demand to your email address on file. It is your responsibility to keep your contact information up to date.

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).

Unless you and we otherwise agree, or the Batch Arbitration process discussed in the “Batch Arbitration” subsection is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).

You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under the “Batch Arbitration” subsection is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.

Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

Attorneys’ Fees and Costs. Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by us, subject to ultimate allocation by the Administrative Arbitrator.

You and we agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Kahala Franchising, L.L.C., Legal Department, 9311 E. Via de Ventura, Scottsdale, AZ 85258, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your America's Taco Shop account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or our rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.

Invalidity, Expiration. If any part or parts of this Arbitration Agreement (other than the “Waiver of Class or Other Non-Individualized Relief” and “Batch Arbitration” subsections are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if either or both the “Waiver of Class or Other Non-Individualized Relief” and “Batch Arbitration” subsections of this Arbitration Agreement are found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state court in Maricopa County, Arizona or the United States District Court for the District of Arizona. You further agree that any Dispute that you have with us as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

Modification. You and we agree that we retain the right to modify this Arbitration Agreement in the future. Any such changes will be posted at this URL and you should check for updates regularly. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, we will notify you. Your continued use of the Site mobile sites and/or SMS/MMS programs - for example, not deleting your account; or accessing, browsing, or otherwise using the Site, mobile sites, SMS/MMS programs; or accepting products or services offered through the Site or the mobile sites - following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. We will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

EQUAL OPPORTUNITY

America's Taco Shop is an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must submit an application.

TERMINATION

America's Taco Shop, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if America's Taco Shop believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon termination, you will immediately destroy any copies of Content, whether in printed or electronic format. Notices to you may be made via either email or regular mail. America's Taco Shop may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on this Site.

PRIVACY

America's Taco Shop recognizes the need to protect the privacy of users of this Site, and to provide additional privacy protection to children. America's Taco Shop encourages parents to supervise their children's online activities. Children 12 years old and younger may visit this Site without disclosing any personally identifiable information.

REVISIONS

America's Taco Shop may make changes to the Content and services on this Site at any time, without prior notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages on this Site. The Content and services at this Site may be out of date, and America's Taco Shop makes no commitment to update the Content and services at this Site.

ADDITIONAL TERMS

Certain products or services offered on this Site, whether by America's Taco Shop or its partners, and certain areas within this Site may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those products or services. You must agree to the Additional Terms before using those areas. The Additional Terms and these Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms of Use, the Additional Terms shall control.

WAIVER

America's Taco Shop failure to enforce any part of these Terms of Use shall not constitute a waiver of any of America's Taco Shop rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by America's Taco Shop nor the reliance of any person on America's Taco Shop actions shall be deemed to constitute a waiver of any part of these Terms of Use. A specific, written waiver signed by an authorized representative of America's Taco Shop may only provide a legal waiver.

SEVERABILITY

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

INDEMNIFICATION

You agree to indemnify and hold America's Taco Shop, its parent, affiliates, subsidiaries and each of their respective officers, directors, members, managers, employees, contributors, representatives, agents, successors and assigns harmless for, from and against any claims, actions, demands, threats, judgments, obligations, proceedings, injunctions, penalties, fines, fees, taxes, losses or other damages including, without limitation, attorneys' fees, expert witness fees and costs, arising from or in connection with any information or Communications you provide to America's Taco Shop and/or your use of this Site.

ACCEPTANCE OF TERMS

You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.