Some of our facilities are independently owned or operated. If you are dissatisfied with any order placed through our Site, you should contact the restaurant that fulfilled that order. To the extent permitted by law in your jurisdiction, your sole and exclusive remedy with respect to any order placed on our Site will be for the restaurant that fulfilled that order to replace it, or to refund any amounts you paid for the portion of the order with which you are not satisfied. See below for more information on limitations of liability and the extent to which they may apply to you. Also note that prices displayed online may differ from those posted in the facility, and that some special offers may not be applicable to both online and in-store purchases, or in all restaurants.
If you are under the age of eighteen, you may use our Site only to obtain information about our business, products, services, employment opportunities and offers. You may not make purchases through our Site. If you wish to make purchases through our Site, a parent or guardian must do so for you. Also, at this time, our Site is not intended to be used by persons who are citizens of the European Union, or are residents of, or located in, any European Union country (“EU Persons”). If you are an EU Person, you agree not to use our Site and, under no circumstances, to provide any personal information of any kind to us.
Special assistance is available for persons with disabilities. If you need assistance with our Site or with placing an online order, please call us toll free at 1-888-778-7696.
Disclaimer – No Warranties
We warrant that we will use commercially reasonable efforts to make our Site available to you through the internet, other than during regularly scheduled service periods, or in the event of an internet outage or disaster. Pollo Tropical makes no other warranty with respect to our Site, whatsoever. More specifically, EXCEPT AS IS EXPRESSLY STATED ABOVE, OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AS TO THE OPERATION OF OUR SITE OR THE INFORMATION INCLUDED ON IT, INCLUDING THAT IT WILL BE ERROR-FREE, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS OR INCORRECT INFORMATION WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, OTHER THAN THE EXPRESS WARRANTY SET FORTH ABOVE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS OR QUIET ENJOYMENT. 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.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY INCLUDING BUT NOT LIMITED TO SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE OUR SITE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
OUR TOTAL LIABILITY TO YOU (FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT OF ORDER PLACED ON OUR SITE THAT GAVE RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICH EVER IS GREATER. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS, BROWSING ON, USE OF OUR SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITE. OUR SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. USE IT AT YOUR OWN RISK!
THE FOREGOING LIMITATIONS OF LIABILITY AND WARRANTY ARE INTENDED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS PLACE RESTRICTIONS ON LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY HEREIN WILL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. FOR CONSUMERS IN NEW JERSEY, FOR EXAMPLE, THE LIMITATIONS WILL NOT APPLY TO CLAIMS FOR PROPERTY DAMAGE OR BODILY INJURY (IN OUR PREMISES OR OTHERWISE) OR IN THE EVENT OF OUR GROSS NEGLIGENCE OR WILLFUL ACTS, AND WILL NOT BE CONSTRUED TO LIMIT THE CONSUMER’S RIGHT TO RECEIVE ATTORNEYS FEES WHERE SUCH FEES ARE AVAILABLE UNDER LAW.
Restrictions on Use and Conduct
Our Site allows you to place orders as a guest, in which case we do not store personal identifying information. You may also place an order without saving your credit card information. If you are concerned about online risks such as hackers targeting our Site, you should use the Site as a Guest only, without saving credit card information, to help limit the amount of information we store. No site can protect against all possible online intrusions or hacker efforts, including ours.
Intellectual Property Information
All trademarks, logos, trade names and service marks displayed on our Site are our registered or unregistered trademarks, or those of third parties that we have the right to sue (the “Marks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way. Without limiting the foregoing, the use of our Marks on any other website, software, advertisement or mobile app is strictly prohibited. All of the materials contained on our Site are subject to copyright. The absence of a copyright notice, trademark symbol, or statement regarding the proprietary nature of a trade name does not constitute a waiver of our intellectual property rights concerning the trademark, trade name or service mark. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution where appropriate. We do not warrant or represent that your use of materials displayed on our Site will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on our Site is at your own risk. The foregoing limitation may not apply, however, if you are a New Jersey citizen or resident and a legal right of yours is somehow violated as a result of your use of materials on our Site.
If you are a copyright owner or agent thereof and believe that content posted on our Site infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We can be reached by email at email@example.com, or by mail at:
DMCA Designated Agent
Pollo Tropical Corporate Office and Headquarters,
7255 Corporate Center Drive, Suite C,
Miami, FL 33126
Governing Law and Commencement of Actions
We maintain our Site from our corporate offices in State of Texas and we make no representation that these materials are appropriate or available for use in other locations. If you access our Site from locations outside of the United States of America, you are responsible for compliance with applicable local laws. The information on our Site is intended only for use and access by persons residing in the United States and its territories. You may not use our Site in violation of U.S. export laws and regulations. EU Persons are not eligible to use our Site at this time.
We are an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.
Entire Agreement, Severability, and Assignment
Effective Date: May 21, 2018