Last Modified:  November 11, 2022

Acceptance of the Website Terms of Use

These Website Terms of Use (“Terms of Use”) are entered into by and between you and Wild Taco(“Wild Taco”). The Terms of Use govern your access to, and use of www.thewildtaco.com (the “Website”), including any content, functionality, and services offered on or through the Website.

Please read the Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound by, and abide by, these Terms of Use and our Privacy Policy, which is incorporated herein.

 If you do not agree to the Terms of Use or the Privacy Policy, you must not access or use the Website. The Website is offered and available to users who are 18 years of age or older and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Wild Taco and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

Changes to the Terms of Use

Wild Taco may revise and update the Terms of Use from time to time in its sole discretion. All changes are effective immediately when they are posted, and your continued use of the Website means that you accept and agree to the changes. You are expected to check this page, so that you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

Wild Taco reserves the right to withdraw or amend this Website and any service, item, or material provided on the Website in its sole discretion, without notice. Wild Taco will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Wild Taco may restrict access to users of some parts of the Website or the entire Website. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or the resources it offers, you may be asked to provide information to Wild Taco. It is a condition of your use of the Website that all the information you provide on the Website be correct, current, and complete and that you agree that all information that you provide will be governed by our Privacy Policy, which can be found here https://www.thewildtaco.com/privacy-policy. You consent to all actions that Wild Taco takes with respect to your information, consistent with its Privacy Policy.

If you choose or are provided with a username, password, or any information as part of Wild Taco security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify Wild Taco immediately of any unauthorized access to, or use of your username or password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Wild Taco has the right to disable any username, password, or other identifier, whether chosen by you or provided by Wild Taco, at any time in its sole discretion, for any or no reason, including if, in the opinion of Wild Taco, you have violated any provision of the Terms of Use.

 Intellectual Property Rights

The Website and its entire contents, features, and functionality, including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Wild Taco, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 The Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your web browser for display enhancement purposes.

• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

•  Modify copies of any materials from the Website.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

• Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

• If you wish to make any use of material on the Website other than that identified above, please address your request to: Info@Bearflagfishco.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at Wild Taco’ option, return or destroy any copies of the materials you made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Wild Taco. Any use of the Website not expressly permitted under the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

Content Standards

User Contributions must comply with all applicable federal, state, local, and international laws and regulations in their entirety. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected classification.

•   Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

•    Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Use and our Privacy Policy https://www.thewildtaco.com/privacy-policy

•   Be likely to deceive any person.

•   Promote any illegal activity, or advocate, promote, or assist any unlawful act.

•   Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

•   Impersonate any person or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

•   Give the impression that they emanate from or are endorsed by Wild Taco  or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send a notice to Wild Taco regarding the alleged copyright infringement. It is the policy of Wild Taco to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. Wild Taco does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Wild Taco disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Wild Taco are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Wild Taco and it is not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

Wild Taco may update the content on its Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time and Wild Taco is under no obligation to update such material.

Information About You and Your Visits to the Website

All information that Wild Taco collects on this Website is subject to its Privacy Policy. By using the Website, you consent to all actions taken by Wild Taco with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to the Wild Taco homepage, provided you do so in a way that is fair and legal and does not damage its reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of Wild Taco without the express written consent of Wild Taco. The Website may provide certain social media features that enable you to:

•   Link from your own or certain third-party websites to certain content on this Website.

• Send emails or other communications with certain content, or links to certain content, on this Website.

•   Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

• You may use these features solely as they are provided by Wild Taco and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Wild Taco provides with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Website other than the homepage.

•    Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of the Terms of Use.

• You agree to cooperate with Wild Taco in causing any unauthorized framing or linking to stop immediately. Wild Taco reserves the right to withdraw linking permission without notice. Wild Taco may disable all or any social media features and any links at any time without notice in its discretion.

Trademarks

Wild Taco name and all related names, logos, product and service names, designs, and slogans are trademarks of Wild Taco or its affiliates or licensors. You must not use such marks without the prior written permission of Wild Taco. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with the Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries.

•    For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 

• To transmit or procure the sending of any advertising or promotional material including any junk mail, chain letter, spam, or any other similar solicitation.

• To impersonate or attempt to impersonate Wild Taco, a Wild Taco employee, another user, or any other person or entity including by using email addresses or screen names associated with any of the foregoing.

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Wild Taco, may harm Wild Taco or users of the Website, or expose them to liability.

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with the use of the Website, including another individual’s ability to engage in real-time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in the Terms of Use, without the express prior written consent of Wild Taco.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

•    Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Terms of Use. Any User Contributions that you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contributions on the Website, you grant Wild Taco and its licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to Wild Taco and its licensees, successors, and assigns, and that all of your User Contributions do and will comply with the Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Wild Taco, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Wild Taco is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring, Enforcement, and Termination

Wild Taco has the right to:

• Remove or refuse to post any User Contributions for any or no reason in its sole discretion.

• Take any action with respect to any User Contributions that Wild Taco deems necessary or appropriate in its sole discretion, including if it believes that such User Contributions violate the Terms of Use, threaten the personal safety of users of the Website or the public, or create actual or potential liability for Wild Taco.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

•   Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of the Terms of Use.

• Without limiting the foregoing, Wild Taco has the right to cooperate fully with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Website.  

YOU WAIVE AND HOLD HARMLESS WILD TACO AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WILD TACO OR LAW ENFORCEMENT AUTHORITIES.

 Wild Taco cannot review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Wild Taco assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Wild Taco has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Wild Taco has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 Geographic Restrictions

The owner of the Website is based in the State of California in the United States. Wild Taco provides this Website for use only by persons located in the United States and makes no claims that the Website or any of its content are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that Wild Taco cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WILD TACO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WILD TACO NOR ANY PERSON ASSOCIATED WITH WILD TACO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WILD TACO NOR ANYONE ASSOCIATED WITH WILD TACO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 TO THE FULLEST EXTENT PROVIDED BY LAW, WILD TACO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. FOR EXAMPLE, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS DO NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF WILD TACO’ FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 ET SEQ.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WILD TACO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless WILD TACO, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Assignment

Wild Taco may assign the Terms of Use at any time with or without notice to you, however you may not assign the Terms of Use and any assignment attempt by you will be void.

Arbitration

Disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association (AAA) applying California law. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable consumer rules.

BY USING THE WEBSITE, YOU AGREE THAT YOU AND WILD TACO WILL ARBITRATE DISPUTES AS SET FORTH HEREIN, AND YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. ADDITIONALLY, YOU AND WILD TACO AGREE THAT ANY DISPUTES SHALL BE ARBITRATED IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A PURPORTED REPRESENTATIVE ACTION OR CLASS ACTION. THE ARBITRATION MAY NOT BE CONSOLIDATED OR JOIN WITH CLAIMS OF ANOTHER INDIVIDUAL OR ENTITY, EVEN IF SIMILARLY SITUATED. IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS, DO NOT USE THE WEBSITE.

Governing Law and Jurisdiction

All matters relating to the Website and the Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction), except that the provisions of the New Jersey Truth in Consumer Contract, Warranty, and Notice Act (N.J.S.A. 56:12-14 et seq.) may apply.

Any legal suit, action, or proceeding arising out of, or related to the Terms of Use or the Website that is not brought in arbitration as required above, shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Orange, although WILD TACO retains the right to bring any suit, action, or proceeding against you for breach of the Terms of Use in your country of residence or any other relevant country if not subject to arbitration. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Wild Taco of any term or condition set out in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wild Taco to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

 If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Wild Taco regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oFral, regarding the Website.

Your Comments and Concerns

The Website is operated by Wild Taco located at 407 31st St, Newport Beach, CA 92663. All feedback, comments, notices, requests, and other communications relating to the Website should be directed to: Info@bearflagfishco.com.