TERMS OF USE

 Pollo Tropical Terms of Use

Welcome to the Pollo Operations, Inc. ("Pollo Tropical" or “we,” “our,” or “us”) website. Your use and access of this website , along with all content, data, and information contained in this website or any mobile applications or communications from us (collectively, our “Site”), is governed by these terms and conditions (“Terms of Use”). By choosing to use our Site, creating an account on our Site, joining our loyalty program or placing an order or posting content to our Site, you are entering into an agreement with Pollo Tropical in which you agree to these Terms of Use. If you do not agree, or do not fully understand these Terms of Use, you may not use our Site. Your use and browsing of our Site is entirely at your own risk. If you are dissatisfied with our Site, your sole and exclusive remedy is to discontinue accessing and using our site. 

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

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

Materials from our Site may not be copied, distributed, republished, uploaded, posted or transmitted in any way without our prior written consent. Unless otherwise specified, all materials on our Site is made available only to provide information and are for personal and non-commercial use. Use of the materials on our Site for any other purpose other than non-commercial use to receive information about our business, products, services, offers and employment opportunities violates intellectual property rights or those of our licensors. You agree not to: use or access our Site for any purpose that is unlawful or prohibited by these Terms of Use, use or access our Site in a manner that could damage, disable, overburden, or impair our servers or the networks connected to our servers, interfere with any third party's use and enjoyment of our Site or attempt to gain unauthorized access to accounts, information, data, computer systems or networks connected to or stored on any of our servers through hacking, password mining or any other means. In some cases, our Site allows adults to make online purchases. We reserve the right to refuse service or cancel orders in our sole discretion. If we believe that a violation of these Terms of Use may have occurred, we may edit, modify or delete any Submission, terminate accounts or take other corrective action. We will fully cooperate with any law enforcement authorities or court order related to Submissions that violate applicable law or these Terms of Use and you waive and hold us harmless for any such cooperation provided, however, that if you are in New Jersey, and such cooperation violates an established legal right of yours, the foregoing will not serve to waive that right.

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 contact@frgi.com, or by mail at:

DMCA Designated Agent

Pollo Tropical Corporate Office and Headquarters, 

7255 Corporate Center Drive, Suite C, 

Miami, FL 33126

Indemnification

By using our Site, you accept all responsibility for, and hereby agree to indemnify and hold harmless Pollo Operations Inc. and each of its related entities, and its and their respective owners, officers, directors, employees, shareholders, contractors, agents, successors and assigns from and against any claims, damages, costs, and expenses, including attorneys’ fees and costs that may arise from or relate to your breach of any of these Terms of Use or to any actions taken by you in connection with our Site, including but not limited to any Submissions. The foregoing shall not apply, however, for any action that arises from our violation of any law, breach of these Terms of Use, or our gross negligence or willful conduct.

Governing Law and Commencement of Actions

These Terms of Use and our Privacy Policy shall be governed and interpreted pursuant to the laws of the State of Texas, United States, notwithstanding any conflict of law principles. In the event that you have a dispute with us relating to these Terms of Use or our Privacy policy, you agree to contact us (using the methods shown in the Contact Us portion of our Site), and to negotiate with us in good faith for no less than thirty (30) days in an effort to resolve that dispute. If the dispute cannot be resolved by good faith negotiation, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN DALLAS COUNTY, TEXAS BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION, OR FOR THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS FROM A COURT OF APPROPRIATE JURISDICTION. Any claim you may have related to these Terms of Use, our Privacy Policy, our Site, or the use or access thereof must be commenced within one (1) year after the claim or cause of action arose. If you are a citizen or resident of New Jersey, then the foregoing will not serve to limit your right to pursue any legal right you have under law.

If you are a consumer (as opposed to a business), (i) remedies that would otherwise be available to you as a consumer under applicable federal, state or local laws remain available under this arbitration clause, (ii) you will have a reasonable opportunity to participate in the process of choosing the arbitrator as set forth in the JAMS rules, (iii) you will have a right to an in-person hearing with the arbitrator in your hometown area, and (iv) with respect to the cost of the arbitration, if you arbitration against us, the only fee required to be paid by you is $250 or the maximum fee applicable under the JAMS minimum standards for consumer arbitration applicable at the time the arbitration is commenced, whichever is greater. All other costs (other than your attorney fees and other fees for your representation will be borne by us, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services). When we are the claiming party initiating an arbitration against a consumer, we will be required to pay all costs associated with the arbitration (other than your attorneys’ fees or other costs of your representation). Except in California, the non-prevailing party will pay the attorneys’ fees and costs incurred by the prevailing party in the arbitration. To the extent this arbitration clause is inapplicable for any reason, YOU AGREE THAT JURISDICTION OVER AND VENUE FOR ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OUR PRIVACY POLICY, OUR SITE, OR THE USE OR ACCESS THEREOF WILL BE IN THE STATE OR FEDERAL COURTS LOCATED IN DALLAS COUNTY, TEXAS.

Submissions

Except for Personal Information that we collect from you in accordance with the terms of our Privacy Policy, we are free to use any comments, information, ideas, concepts, graphics, photographs, music, artwork, copy, suggestions, know-how or techniques contained in any communication that you may send to us through our Site or related to promotions or loyalty program or sweepstakes, or otherwise (together, the “Submissions”). The foregoing does not apply, however, to employment applications, which will be kept confidential as required under applicable law. We will not treat any other Submissions as confidential or proprietary (unless required by law or if we agreed to treat it as confidential in a signed writing). By providing Submissions to us, you expressly grant us an unrestricted, irrevocable, perpetual, assignable, worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate and otherwise use your Submissions along with your name, photograph, voice, likeness and other information, ideas, content or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You acknowledge that you are responsible for your Submissions, and you, not us, have the full responsibility for ensuring that your Submissions comply with these Terms of Use and all applicable laws. You may not include any content that is the property of another unless you have expressed written permission to do so and to grant the foregoing rights and licenses with respect to that content.

Violations of these Terms of Use

You agree that we may, in our sole discretion and without prior notice, block or terminate your access to our Site if we determine that you have violated these Terms of Use. You also agree that any violation or threatened violation by you of these Terms of Use constitutes unlawful and unfair business practice and will cause us irreparable and unquantifiable harm for which monetary damages would be inadequate. You therefore consent to our obtaining injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity, except where prohibited by law (in particular, if you are a citizen or resident of New Jersey, the foregoing shall not limit any right you have under law). If we take legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to us provided, however, that the foregoing shall not be applicable if you are a resident or citizen of California and the violation took place within California. We will not be liable to you or to any third party for termination of your access to our Site for any reason.

International Users

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.

Employment

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.

Linked Sites

Our Site and communications may contain links to other third-party websites (“Linked Site”). We are not responsible for the privacy practices, policies or content of any Linked Sites, even if you link to them from our Site or communications. These Terms of Use do not apply to any Linked Sites. We have no control over any Linked Site and we do not endorse any Linked Site. We encourage you to read and understand the terms and conditions of use of any Linked Sites that you visit.

Modifications to these Terms of Use

These Terms of Use may be updated periodically and without prior notice to you. If you place an order on our Site, placing the order will re-confirm your acceptance of the then-current Terms of Use. Otherwise, your continued use of our Site following any such changes constitute your unconditional agreement to be bound by these Terms of Use. You are responsible for reviewing these Terms of Use each time you use or access our Site.

Privacy Policy

Our Privacy Policy applies to use of our Site, and it is made a part of these Terms of Use by this reference. By accepting these Terms of Use, you are also agreeing to our Privacy Policy .

Entire Agreement, Severability, and Assignment

These Terms of Use along with the Privacy Policy and any additional terms of use governing particular offers, events or promotions, as each is currently posted on our Site, are the entire agreement between the parties relating to use of our Site and supersede all prior agreements.

Neither these Terms of Use nor any features or services of our Site create any partnership, joint venture, employment or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use may not be modified except in the event we issue a revised version of these Terms of Use that you agree to by using our Site, placing an order, enrolling in a loyalty program or otherwise; or in the event you enter into a writing signed by us that expressly references this paragraph and states that it is intended to modify these Terms of Use. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. Neither course of conduct nor trade practice shall modify these Terms of Use. We may assign our rights and duties hereunder to any party at any time without any notice to you. These Terms of Use may not be assigned by you without our prior written consent.

Contact Us

If you have any questions about these Terms of Use, please contact us by e-mail at contact@frgi.com. If you believe that our Site contains materials that infringe a copyright or other proprietary right, please notify us immediately.

Effective Date: May 21, 2018