Terms of Use

 

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THE ONLINE SERVICES.

Juan Pollo Franchise Corporation (“JP,” “we” or “our”), grants you access to its website, accessible via www.juanpollo.com and its mobile and tablet applications (collectively, “Online Services”), conditioned on your acceptance of the terms, conditions and notices contained herein (these “Terms of Use”).  For the purposes of these Terms of Use, “Content” means, collectively, any visual or embedded website content, including, without limitation any text, images, photographs, videos, audios, software,  and applications, and other information or content available through the Online Services.

You are also subject to the JP Privacy Policy.  You agree that EPL may modify these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you.  When you access, download or use any of the Online Services, you accept, without limitation or qualification, these Terms of Use as if you had signed them.  You are responsible for regularly reviewing these Terms of Use.  In addition, JP may discontinue, or change from time to time, any Online Service without prior notice.

These Terms of Use are effective as of September 1, 2019.

ACCEPTANCE OF TERMS

Please read these Terms of Use and JP’s Privacy Policy carefully.  By accessing, downloading or using the Online Services, you agree to these Terms of Use, and you consent to the collection and use of information as described in our Privacy Policy.  If you do not agree to these Terms of Use and the terms and conditions of our Privacy Policy, you must cease using the Online Services immediately and discontinue any use of any Content.

USE OF THE ONLINE SERVICES

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE THE ONLINE SERVICES. Some Online Services may require that you must be 18 or older to use the Online Service. The Online Services are not targeted toward, nor are they intended to be used by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Online Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Unless otherwise specified, the Online Services are for your personal and noncommercial use. You may not (i) modify, copy, distribute, reverse engineer, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content, other than for your use of the Online Services as expressly permitted in these Terms of Use; (ii) access or attempt to access any systems or servers on which the Online Services are hosted or modify or alter the Online Services in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Online Services; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Services or any business being conducted on the Online Services; (v) use the Online Services or any Content, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from different areas of the Online Services solely for your own noncommercial use.  Any other use of materials on the Online Services, including but not limited to the modification, reproduction, distribution, republication, display or transmission of any Content, without prior written permission of JP is strictly prohibited.

COPYRIGHTS  

The Content and the Online Services, including the selection and arrangements thereof, are the copyrighted property of JP under the United States and other copyright laws and are the sole property of JP.

TRADEMARKS

All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear within the Online Services are proprietary to JP and may only be used by JP and its licensees. You may not display or reproduce the Marks other than with the prior written consent of JP, and you may not remove or otherwise modify any trademark notices from any Content.

USER CONTENT

This Online Services may allow you to post or submit information in any form:

  1. By posting information, you hereby grant JP an unrestricted, transferable and sub-licensable, irrevocable, royalty-free and fully paid-up, world-wide, and perpetual license to reproduce, distribute, market, publicly display, modify, make, have made, sell and offer for sale, practice all applicable patent, copyright, moral right, mask work, trade secret, and other intellectual property rights, make derivative works of, exploit and otherwise use it. By doing so you disclaim any right to any compensation from JP in connection with JP’s exercise of its license rights in and to such information. By posting or submitting such information, you represent and warrant that you own or have a license to post it. 
  2. Your submission of personal information to us will be protected by our Privacy Policy and used in accordance with it.

TERM & TERMINATION

These Terms of Use are applicable to you upon your accessing, downloading or using the Online Services.  

LINKS TO THIRD PARTY SITES AND SOCIAL MEDIA PAGES

The Online Services may contain links to other third-party websites, including the franchised operators of JP restaurants, and social media platforms, such as Facebook, Twitter, or Foursquare (all links to third-party websites and social media platforms are collectively referred to herein as “External Sites”). External Sites are provided only for your convenience.  However, even if the third party is affiliated with JP, JP has no control over the External Sites, all of which have separate privacy and data collection practices, independent of JP.  If you decide to visit any External Site, you do so at your own risk. JP and its affiliates have no responsibility or liability for any External Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from an External 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 External Site.

TRANSACTIONS WITH JP AND THIRD PARTIES

If you wish to make purchases through the Online Services or an External Site, you may be asked by us or the merchant or operator from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold JP liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such purchase shall be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make.

MOBILE APPS

In order to use Online Services made available through a mobile or tablet application (an “App”) you must have a compatible mobile device.  JP does not warrant that the App will be compatible with your mobile device.

DISCLAIMERS

JP makes no warranties or representations about the accuracy or completeness of the Online Service’s content or the content of any External Sites.  JP does not filter advertisements or other content that children may view through our Online Services or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

LIMITATION OF LIABILITY

IN NO EVENT SHALL JP, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, FRANCHISEES, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF JP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE ONLINE SERVICES, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE.  THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless JP, and its parents, subsidiaries, and affiliates, and their respective officers, directors, employees, agents, franchisees, licensors, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

APPLICABLE LAWS

Your use of the Online Services shall be governed in all respects by the laws of the State of California, without regard to choice of law provisions.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Online Services shall be in the state or federal courts located in California.

GENERAL

JP may revise these Terms of Use at any time by updating this posting.  

NOTICES

You must provide all notices or complaints to JP via email to legal@juanpollo.com or mail at Juan Pollo Franchising, Attention: Legal Department, 383 S J St, San Bernardino, CA 92410.