Last Updated: 12/04/24

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1) ACCEPTANCE OF TERMS

By accessing or using the websites, mobile applications, services, or facilities of Tito’s Mexican Restaurants and Pueblo Real Mexican Restaurant (collectively, “we,” “us,” “our,” or “the Restaurants”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all these Terms, do not use our services.

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2) DEFINITIONS

As used in these Terms, “Services” refers to our restaurant facilities, website, mobile app, online ordering system, rewards program, catering services, and all related services. “User,” “you,” or “your” refers to any person accessing or using our Services. “Content” includes all text, images, photos, audio, video, and all other forms of data or communication. “Personal Information” refers to any information as defined in our Privacy Policy. “Orders” refers to any purchase of food, beverages, or services from us.

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3) USER ACCOUNTS

a) Account Creation. To create an account, you must be 18 years or older and provide accurate, current information. You are responsible for maintaining the accuracy of your account information and keeping your login credentials secure. We limit accounts to one per person.

b) Account Responsibilities. You are responsible for maintaining the confidentiality of your password and account information. You must promptly notify us of any unauthorized use of your account. You may not transfer or share your account with others, and you are responsible for all activity that occurs under your account.

c) Account Termination. We reserve the right to suspend or terminate accounts, refuse service, cancel orders, limit quantities, or restrict access at our sole discretion. We may take these actions with or without notice and for any reason we deem appropriate.

 

4) ORDERING AND PAYMENT

a) Online/Mobile Orders. All online and mobile orders are subject to availability at the time of order. We may implement minimum order requirements, and prices are subject to change without notice. Once confirmed, orders are final and subject to our modification and cancellation policies. Delivery service is available only within designated delivery areas.

b) Payment Terms. Payment is required at the time of order. We accept major credit cards, cash (in-restaurant only), digital payments, and gift cards. All charges are processed in US dollars, and applicable local tax rates will be added to all orders.

c) Pricing and Accuracy. We make every effort to ensure pricing accuracy but reserve the right to correct any errors when discovered. We may cancel orders placed during a pricing error. Special pricing and promotions may have specific restrictions and limitations.

 

5) REWARDS PROGRAM

a) Enrollment. Our rewards program is free to join and open to individuals 18 years of age or older. Enrollment requires accurate information, and membership is limited to one account per person. By enrolling, you agree to receive communications related to the program.

b) Points and Rewards. Points are earned on qualifying purchases or visits to our restaurant(s) and have no cash value. Point values and redemption rates are subject to change without notice. Points are non-transferable and expire after 12 months of account inactivity.

c) Restrictions. The rewards program is valid only at participating locations and cannot be combined with other offers unless explicitly stated. We reserve the right to modify or terminate the program at any time. Any abuse of the program will result in immediate termination of membership.

 

6) HEALTH AND SAFETY

a) Food Allergies. Customers with food allergies are responsible for notifying our staff of any allergies or dietary restrictions. While we take reasonable precautions, we cannot guarantee that any menu item is completely free of allergens due to the shared cooking and preparation areas in our facilities.

b) Food Safety. We follow all applicable health department guidelines and maintain strict food safety protocols. Our facilities undergo regular inspections, and we maintain temperature monitoring and safe food handling procedures throughout our operations.

 

7) INTELLECTUAL PROPERTY

a) Ownership. All content on our website, mobile app, menus, marketing materials, and other platforms is our exclusive property. This includes but is not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software.

b) Prohibited Uses. You may not use our intellectual property for commercial purposes without explicit written permission. This prohibition includes copying, reproducing, modifying, distributing, displaying, performing, or otherwise using our materials for commercial purposes.

 

8) DISCLAIMER OF WARRANTIES

a) Service Provided “As Is.” Our services are provided on an "as is" and "as available" basis. We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of our services or content.

b) Technology Limitations. We do not guarantee uninterrupted or error-free service. Our website, mobile app, and ordering systems may experience downtime for maintenance or technical issues. Orders may be delayed or affected by system limitations or technical problems.

 

9) LIMITATION OF LIABILITY

a) Damages. We shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of our services. This includes but is not limited to damages for loss of profits, goodwill, data, or other intangible losses.

b) Maximum Liability. Our maximum liability for any claim arising from our services shall be limited to the amount paid for the specific order or service giving rise to such claim. We are not liable for the actions of third parties or events beyond our reasonable control.

 

10) INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Restaurants, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account.

 

11) DISPUTE RESOLUTION

a) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Franklin, Tennessee.

b) Dispute Process. Prior to filing any legal action, you agree to attempt to resolve any disputes through informal negotiation. Any formal action must be filed within one year of the event giving rise to the claim. All disputes shall be resolved on an individual basis, and you waive any right to participate in a class action.

 

12) MODIFICATIONS

a) Terms Modifications. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services following any changes constitutes acceptance of those changes. We recommend reviewing these Terms regularly.

b) Service Modifications. We may modify, suspend, or discontinue any aspect of our services at any time. This includes changing prices, menu items, hours of operation, or available services. We will make reasonable efforts to notify customers of significant changes.

 

13) TERMINATION

a) By Us. We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use our services will immediately cease.

b) By You. You may terminate your use of our services at any time by discontinuing use and deleting your account. Some obligations in these Terms survive termination, including payment obligations and proprietary rights.

 

14) MISCELLANEOUS

a) Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary while preserving the remaining provisions.

b) Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver shall be effective unless in writing and signed by an authorized representative.

c) Assignment. You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights under these Terms without condition.

 

15) CONTACT INFORMATION

For questions or concerns regarding these Terms, please contact us at:

Tito’s Mexican Restaurant
1344 W. Main St.
Franklin, TN 37064

Email: JJJMexicanRestaurants@live.com

Phone: 615.761.0999

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16) ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Restaurants regarding our services and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.

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END OF TERMS OF SERVICE

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