Terms & Conditions
Terms and Conditions for Los Ruizenores' Online Services
Last Updated: April 22, 2021
Important: Please carefully read and understand these terms and conditions (“terms”). They contain an arbitration agreement, jury and class action waivers, limitations on Los Ruizenores’ liability and other provisions that affect your legal rights.
By installing, accessing or using any websites, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Los Ruizenores ( “Los Ruizenores”, “we” or “us”), which controls and operates the online services.
By accepting these terms, you understand and agree that, as stated in Section 9, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.
The online services are not intended to be used by, or targeted to, anyone under the age of 13 years old. You must be at least 13 years old to use the online services. If you are at least 13 years old but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.
If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that Los Ruizenores close any online services account that you have created. You can request account deletion by sending an email to firstname.lastname@example.org, please include the email address of the account that you want deleted.
1. About the online services.
Obey the rules of the road.
Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. You must not use the online services while driving or while behind the wheel or controls of a vehicle that is moving or not in “park”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.
You are responsible for your devices and accounts.
You are responsible for any devices, software and services needed to use the online services. Los Ruizenores does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.
Los Ruizenores' right to update or terminate the online services.
You understand and consent that (with or without notice) Los Ruizenores may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Los Ruizenores mobile app that you have installed on your device.
Updates to these terms.
Los Ruizenores may also update these terms at any time and at its sole discretion. If Los Ruizenores makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Los Ruizenores close any online services account that you have created. To close your account, you can email us at email@example.com.
How to contact us.
If you have any questions or comments regarding the online services, please refer to the Contact Us section in the online services or you can always visit www.ruizenores.com/contact-us.
2. Our information practices and communications with you.
Los Ruizenores' Privacy Statement.
How we communicate with you.
Opting out of communications generally.
You have a choice in how we communicate with you. You may have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. While we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account.
Additional information on text messages.
When you opt in to any of our text message programs, you understand and consent that you will receive text messages from an automated system. You further understand that your consent is not required to make any purchase. If you wish to withdraw your consent and unsubscribe, please visit www.ruizenores.com/contact-us or email us at firstname.lastname@example.org.
3. Sending orders to restaurant.
This section applies to any orders you place using the online services. Please read this section before you send any orders to restaurants using the online services. Please note that ordering may not be available in all online services.
The purpose of ordering is to provide customers with a convenient way of building orders for products in advance and submitting their orders by checking in at a restaurant. You must register an online services account in order to use ordering. Before you submit an order, you must register a credit card or debit card (either one, a “payment card”) to use with your orders or have a PayPal account.
Registering your payment method.
Los Ruizenores use third party providers to securely store your payment card information and process your payments to restaurant. You understand and agree that, when you register a payment card or a PayPal account, Los Ruizenores or its third party providers may verify that the payment card you registered is valid. You also understand and agree that when you use ordering to make a purchase from the restaurant, the restaurant will be the merchant of record. Restaurant may require information other than your order code to verify your purchase. You represent and warrant that you are of sufficient age and have all legal rights to use all payment cards you register.
You purchase products directly from restaurant.
When you use ordering, you submit orders directly to the restaurant and the contract for supplying the products will be between you and the restaurant. The restaurant where you collect your products is responsible for preparing the products and providing them to you. You further understand and agree that you are purchasing directly from the restaurant (and not Los Ruizenores or any other Members of the Los Ruizenores’ system) and that neither Los Ruizenores nor any other Members of the Los Ruizenores’ System have any responsibility arising out of or related to any products that you purchase from restaurant using ordering.
About the products in the online services.
All products are subject to availability at the restaurant where you collect your order. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colors.
About the prices in ordering.
The restaurant independently determines its own prices and independently applies any additional taxes and fees as required by law. In the event you discover an error in the price of a product charged to you, please contact the restaurant to seek a refund of the difference.
Building, confirming and sending your order to the restaurant.
You can use ordering to build your order and send it to the restaurant. Orders made must be collected in person from the restaurant.
Updated order totals at check-in.
Updated order totals can result from the unavailability of certain products, changes in price, or other reasons.
Paying for your order.
The restaurant’s payment service provider will process your order total amount (and if updated, your updated order total amount) to the payment card you selected when you built your order. You may receive a notification within the ordering feature that the restaurant has accepted your order and is preparing it. You own the products after you have collected them.
Cancelling your order, refunds and your consumer rights.
You don’t have the ability to update your order at any time before or after you check in your order at a restaurant. Once you complete your check in at a restaurant, you cannot cancel your order. If you desire to seek a refund for any reason, including if the products are unsatisfactory or other reasons, please contact the restaurant regarding any refund due to you. Your legal rights in this respect are not affected by anything in these terms.
You have the possibility of receiving deals through the online services. The following general terms apply to the deals:
- the deal may only be available through that particular online service and for the product shown and subject to availability, until the expiration date;
- serving times apply (e.g., certain non-breakfast deals may not be available at breakfast serving times);
- unless otherwise stated each deal expires on redemption;
- deals are not transferable; and
- there is no cash alternative. In addition there may be specific terms that apply to the deal. Not all deals may be combined with orders.
5. Ownership and Licenses for the online services.
Los Ruizenores' intellectual property ownership.
Any and all rights in the online services are and shall remain the exclusive property of Los Ruizenores or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Los Ruizenores’ or its licensors’ rights.
Your license to use the online services.
Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Los Ruizenores reserves all other rights.
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Los Ruizenores’ or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
6. User submissions and unsolicited ideas.
Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Los Ruizenores through the online services (together, “submissions”). You understand that by submitting any information to Los Ruizenores through the online services, you grant Los Ruizenores a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Los Ruizenores will not be required to treat any submissions as confidential.
It is Los Ruizenores’ policy not to consider unsolicited ideas. While we appreciate you taking the time to consider Los Ruizenores, we’re unable to review new ideas from outside the Los Ruizenores’ system. You expressly waive any and all claims against Los Ruizenores and all other Members of the Los Ruizenores’ System in connection with Los Ruizenores consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.
7. Copyright notice.
Los Ruizenores will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to Los Ruizenores at: 13566 Glenoaks Blvd. Sylmar, Ca 91342, or by email to email@example.com.
What to include in your infringement notice.
Please include the following information in your notice to us, along with your full name, address, telephone number and email address:
- A detailed description of the copyrighted work that you believe has been infringed.
- A detailed description of the content on the online services that you believe infringes the copyrighted work, including information reasonably sufficient to permit Los Ruizenores to locate the alleged infringing content (e.g., the page on the online services where the alleged infringing content is located).
- The following statement, signed by the copyright owner or a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.”
8. Acceptable uses and restrictions for the online services.
Acceptable uses and other restrictions.
With respect to the online services (which includes content), you may not, and may not allow third parties, to:
- Use the online services for any purpose that is unlawful or prohibited by these terms;
- Delete or change any copyright, trademark, or other proprietary notices;
- Attempt to obtain ownership or title to the online services, including the content;
- Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
- Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
- Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
- Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
- Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
- Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, Los Ruizenores’ network or any user accounts associated with the online services.
9. Limitations on liability and disclaimers.
Limitations on Los Ruizenores' liability.
Neither Los Ruizenores’ nor any other Members of the Los Ruizenores’ System shall be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary or incidental damages, including lost data, personal injury or property damage related to or arising out of the online services. Nothing in this section is intended to limit Los Ruizenores’ liability for damages to the extent caused by Los Ruizenores’ own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section is intended to limit or alter your rights as a consumer that cannot be limited or altered under applicable law. Los Ruizenores reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.
Los Ruizenores provides the online services “AS-IS” and without any warranties.
The online services may include inaccuracies or errors. Los Ruizenores provides the online services “as is” and without warranties of any kind either expressed or implied. Los Ruizenores disclaims all warranties of merchantability and fitness or a particular purpose. Los Ruizenores does not warrant or make any representation that the online services will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, or that the online services are free of viruses or other harmful components. You assume total responsibility related to your use of the online services. Your sole remedy against Los Ruizenores and all other Members of the Los Ruizenores’ System for dissatisfaction with the online services is to stop using them. This limitation of relief is a part of the bargain between the parties. These warranty exclusions may not apply to you to the extent that applicable law does not allow the exclusion of implied warranties.
Third party services.
The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Los Ruizenores does not endorse and is not associated with any of these third party services. Neither Los Ruizenores nor any other Members of the Los Ruizenores System have any responsibility arising from or related to these third party services.
Events beyond our control.
Neither Los Ruizenores nor any other Members of the Los Ruizenores’ System have any responsibility for Los Ruizenores’ failure to perform any of its obligations under these terms cause by or related to any event beyond Los Ruizenores’ reasonable control. If such an event occurs, then Los Ruizenores’ obligations under these terms will be suspended for the duration of the event; and Los Ruizenores may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.
How we settle disputes.
You agree that:
- any claim or dispute (whether in contract, tort, or otherwise) you may have with Los Ruizenores or any other Members of the Los Ruizenores’ System arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”);
- this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
- the arbitration shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Los Ruizenores or other Members of the Los Ruizenores’ System;
- the arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services;
- no claims shall be arbitrated on a class or representative basis as you and Los Ruizenores’ hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Los Ruizenores’; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Los Ruizenores’ under this provision;
- you and Los Ruizenores empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable;
- in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $100 USD, Los Ruizenores’ agrees to pay any such administrative, arbitrator and filing fees exceeding $100 on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Los Ruizenores’ will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and
- with the exception of subpart (5) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (5) above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Los Ruizenores’ nor you shall be entitled to arbitrate their dispute. Further, both you and Los Ruizenores agree to waive any right to a trial by jury. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Los Ruizenores’ are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website.
- Los Ruizenores makes no representation that the online services are appropriate or available outside of Sylmar, California, United States. If you use the online services from other locations you are responsible for compliance with applicable local laws.
- These terms will be governed and interpreted pursuant to the laws of California, notwithstanding any principles of conflicts of law.
- Although these terms govern the online services as between Los Ruizenores and you only (and neither Apple nor any other Members of the Los Ruizenores’ System are parties to these terms), Apple and all other Members of the Los Ruizenores’ System are third party beneficiaries under these terms and will have the right to enforce against you those rights that Los Ruizenores’ holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
- The terms are written in English (US). Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English (US) version controls.
- On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of Los Ruizenores’ and other Members of the Los Ruizenores’ System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 9 (“How we settle disputes”)
- Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
- If Los Ruizenores’ fails to insist that you perform any of your obligations under these terms, or if Los Ruizenores’ does not enforce its rights against you, or delays in doing so, that will not mean that Los Ruizenores’ has waived its rights against you and will not mean that you do not have to comply with those obligations.
- Los Ruizenores’ may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Los Ruizenores’ agrees in writing.