Terms of Use

Last Updated: 06/29/20

Welcome to the Burguesa Burger® website provided by Burguesa Burger, Inc. and its subsidiaries and affiliates (“Burguesa,” “we,” “us,” or “our”). These Terms of Use govern your use of the websites (“each a “Site” and collectively the “Sites and the services available through the Sites (“Services”). By using the Sites and Services you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to these Terms of Use, please do not use the Sites or Services. We may modify or revise these Terms of Use from time to time which will be posted here with the “Last Updated” date above. Your continued use of the Sites or Services after we make changes to these Terms of Use is an acceptance by you of these Terms of Use including any changes, so please check these Terms of Use periodically for any updates.

Please note these Terms of Use form a contract between you and us and require you to arbitrate disputes with us instead of resolving disputes through a jury trial or class action.

1. Proprietary Rights and Restrictions

The Sites and their content, including without limitation all informational text, headers, custom graphics and button icons, photographs, audio, video, messages, files, documents, sound, images, or other materials (collectively referred to as “content”) are the property of Burguesa or its licensors. The Sites and their respective content are protected by U.S. and international copyright laws. The Sites and their respective content is intended solely for personal, noncommercial use by the users of our Sites. The content on the Sites may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means. Any modification of the content, use of the content on any website, mobile device, or networked computer environment, or use of content for any purpose other than personal, noncommercial use is a violation of the copyright, trademark, and other proprietary rights in the content and is strictly prohibited.

2. Submissions

We appreciate your comments, feedback and remarks. By submitting content to the Sites, including remarks, suggestions, ideas, graphics, or other information communicated to us though you, the submission will become our property, including future rights associated with such submissions. You acknowledge that you are responsible for the material you submit, and you, not us, have full responsibility for the message, including reliability, appropriateness, originality, and copyright.

3. Registration

To access certain areas of the Sites you may be required to provide your personal information to use certain Services offered through the Sites. You agree that any personal information provided to us is complete and accurate. Please note that any personally identifiable information you provide to us will be subject to our Privacy Policy located at www.burguesa.com.

4. Conduct

You agree to access and use the Sites only for lawful purposes. Conduct that we believe is harmful or disruptive to our Sites or which could breach any agreement between us is prohibited. We reserve the right to terminate or suspend your access in whole or in part to the Sites for any conduct that we believe is harmful to us or our suppliers, vendors, service providers, or guests, or is in violation of any applicable law.

5. Availability

Any Services available through the Sites are subject to change without notice. We reserve the right to modify the Sites and Services, at any time. This includes the right to modify, discontinue or remove any content, postings, links, pages, Services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of any Sites, Services, or content.

6. Privacy Policy

By using the Sites, and Services, you agree to the terms of our Privacy Policy, which is incorporated herein by reference and can be accessed at www.burguesa.com

7. Links

The Sites may contain links to other websites for your information and convenience. We do not control those websites, nor to we review the content of those websites. Any such linked websites are governed by that website’s privacy policy, terms of use, or other notices. We do not endorse the websites referenced by these links and no direct association should be implied.

8. Children

The Sites and Services are not directed at children under the age of 13 and we do not knowingly collect personal information from children under 13. If you are under the age of 13, do not use the Sites or provide any personal information to us. If we receive actual knowledge we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information and not use or disclose that information except as required by law. If you believe we may have any information about a child under 13, please contact us at info@burguesa.net and use “COPPA Information Request” in the subject line of your communication.

9. No Waiver

Any failure to enforce strict performance of any provision of these Terms of Use will not be construed as our waiver of any provision or right. The course of conduct between parties and trade practices will not modify these Terms of Use.

10. Assignment

You may not assign or transfer any of your rights or obligations under these Terms of Use. Any transfer or assignment by you will be void and without force or effect.

11. Governing law, Indemnification, Limit on Liability

You agree that these Terms of Use are governed by the laws of the State of Texas (notwithstanding any conflict of law principles). If any provisions of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The section headings are for convenience only. These Terms of Use are effective unless and until terminated by Burguesa. You agree to indemnify, hold harmless, and release us, and each of our respective subsidiaries, affiliates, agents, licensees, employees and third parties against any and all claims, damages, cost and expenses (including attorney’s fees) arising from and related to your use of the Sites or Services, and any transaction you enter into with a third party based on information or contacts obtained from the Sites or Services.

12. Dispute Resolution

This section effects legal rights that you may have. It requires binding arbitration of most disputes instead of litigation in court and includes CLASS ACTION and JURY TRIAL WAIVERS.

You agree that any claim, controversy, or dispute related to or arising out of access to and use of the Sites and Services without regard to the legal basis of the claim shall be resolved by binding confidential arbitration before a single arbitrator. The arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Administrative Rules and Consumer Arbitration Rules. In addition, the arbitration will be governed by the Federal Arbitration Act including any dispute about the enforceability or scope of this arbitration clause. All arbitration hearings and proceedings shall be held in Dallas, Texas. You acknowledge that Burguesa’s affiliated entities are intended beneficiaries of this arbitration clause and all disputes against them must be resolved by arbitration. While these entities are intended beneficiaries of this arbitration clause, they will not be liable or responsible for our performance under these Terms of Use.

Notwithstanding the previous paragraph, we and you may bring suit in a federal or state court to enjoin infringement or other misuse of intellectual property rights. In addition, we and you may seek relief in small claims court for disputes within the court’s jurisdiction. Any such claim that is not subject to this arbitration clause will be subject to the exclusive jurisdiction of the state courts of Dallas County, Texas and the U.S. District Court for the Northern District of Texas.

BOTH WE AND YOU WAIVE ALL RIGHTS TO ARBITRATION OF DISPUTES AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY. WE AND YOU FURTHER AGREE THAT DISPUTES MAY NOT BE AGGREGATED OR CONSOLIDATED, UNLESS WE AND YOU OTHERWISE AGREE IN WRITING. TO THE FULLEST EXTENT PERMITTED BY LAW, ARBITRATION OF ALL DISPUTES SHALL PROCEED ON AN INDIVIDUAL BASIS. BY AGREEING TO THIS ARBITRATION CLAUSE, YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY.

This arbitration clause does not amend or modify any rights or obligations under any contract that you might have with us. Any dispute arising from or related to those agreements are governed by the dispute resolution provisions of those agreements.

13. Text Messaging ("SMS")

If you have opted to receive text messages from us the SMS terms of use in this section apply in addition to the website Terms of Use above which include an arbitration agreement, class action waiver, and jury trial waiver and other provisions that affect your legal rights.

SMS offers are only accessible on smartphone devices and we may change the SMS offer without notice. If you have opted in to receive text messages, we do not charge you for the text message. Standard messaging and data rates will apply to each text message you receive as provided by your wireless carrier. We do not require you to agree to receive text messages as a condition of making any purchase. If you have agreed to receive text messages from us, you have agreed to receive marketing messages from us on your mobile device. Factors beyond the control of the participating carriers may interfere with text message delivery for which the carrier is not responsible. We and your wireless carrier do not guarantee that text messages will be delivered. To opt out of receiving text messages from us reply to our text with STOP or contact us using the information below. If you opt out, you will receive 1 final text message confirming your decision to unsubscribe.

14. Contact Information

If you have any questions or concerns regarding the Sites, Services or these Terms of Use, including to receive a copy of these Terms of Use in an alternative format, please contact us using the information below.

Burguesa Burger, Inc.
1412 Main Street, Suite 200
Dallas, Texas 75202
Email: info@burguesa.net

   

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