PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
Table of Contents
- Ownership of Intellectual Property
- Accounts, Security, Passwords
- Use of the Site and User Content
- Notices of Intellectual Property Infringement
- Representations, Disclaimer of Warranties, and Limitations of Liability
- Links to Third-Party Sites and Services
- Applicable Law
- General Information
- Mobile Terms & Conditions
The Company grants you a limited, non-exclusive and revocable license to use the Site in accordance with these Terms. The content on the Site that is posted by the Company, including but not limited to any text and images, and their selection and arrangement, software, site updates, and documentation, is owned by the Company or our content providers. You may download one copy of material from the Site that is posted by the Company onto one computer or device for your personal use; however, you may not transmit, broadcast, upload to any computer, mobile or other device, create derivative works of, or make commercial use of the Site or any material provided or obtained through the Site, including, but not limited to, the names, images and other information used in any User Content (as defined below), and you may not delete or change any copyright, trademark, or other proprietary notice. You acknowledge that we or our third party content providers retain ownership of the posted materials and that you are not acquiring any ownership rights by downloading copyrighted materials. The Company makes no representation that the Site or its content are appropriate or available for use in particular locations.
Ownership of Intellectual Property
All content on the Site that we provide, including but not limited to, text, graphics, logos, icons, images, headers, illustrations, audio clips, video clips and software is owned or licensed by the Company or the content providers, and is protected by law, including United States and international copyright laws. In addition, any trademarks or other intellectual property are also owned by the Company or the content providers and any use, misuse or copying of any trademarks or intellectual property is prohibited without our express authorization.
Except as expressly authorized in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You further agree not to download, display or use any Site content in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company or its licensors’ property, or that otherwise infringes the Company or its licensors’ intellectual property rights. You further agree to in no other way misuse any Site content or other third-party content.
Accounts, Security, Passwords
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.
If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. The Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. The Company may, at its discretion, cancel or suspend any account and deactivate or delete any related information and/or files associated with the account or bar access to such information and/or files at any time without any notice or liability to you or any other person.
Use of the Site and User Content
You represent and warrant that you possess the legal right and ability to agree to these Terms, that you are over the age of 13, and that all information or material that you submit to the Site, including any images, photographs, graphics or pictures (“User Content”) is owned by you, and is true, accurate and current. By submitting any User Content to or through the Site, you represent and warrant that: (a) you are the copyright owner of such User Content; and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms.
The following requirements apply to your use of the Site:
- You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright, trade secret or any other intellectual property right (including rights of publicity and privacy) without first obtaining the permission of the owner of such rights. This includes, but is not limited to, a prohibition on submitting a photograph of or including another person without that person’s permission.
- You will not submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, graphic or gratuitously violent, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate.
- You will not impersonate another person, including submitting their information or User Content as your own.
- You will not collect or store personal data about other users, or otherwise access the website using automated means (such as harvesting bots, robots, spiders, or scrapers) without the Company’s permission.
- You will not use the Site for any commercial purpose not expressly approved by the Company in writing.
- You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
- You will not upload, post, email, or otherwise transmit any material that contains worms, viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
You understand that in submitting any User Content, you are giving the Company and its designees an exclusive (unless specifically stated otherwise in this Site), worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use the User Content and any person’s property (physical, personal, and indicia) contained therein, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. The Company’s rights shall include, without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license, sublicense (through multiple tiers), adapt, and stream the User Content in any and all media now or hereafter known, including but not limited to, the Internet and outdoor billboards, throughout the world, related to the Company, its agents and designees. You acknowledge and agree that the Company does not have now, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or any other intellectual property or confidentiality, privacy and/or publicity interest in and to any User Content submitted by you.
In addition, the Company is free to use, without obligation of any kind to you or any third parties, any ideas, concepts, techniques, or know-how contained in any communication (including without limitation, any User Content) you send through the Site for any purpose whatsoever, without any further consent, notice and/or compensation to you or any third parties. You also acknowledge and agree that the Company may obtain User Content on this Site, or otherwise develop on its own, or through third party vendors it engages, ideas and materials that may be similar or identical in theme, idea, format or other respects to ideas and other User Content you submit to the Site, and you waive any and all claims you may have had, may have, and/or may have in the future, that any ideas, composition, video and/or other works used by the Company based on any similarity with any User Content submitted by you on this Site. Any information uploaded by you to the Site or provided to the Company, including but not limited to photos, names, links, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential.
If you choose to purchase any product or service available for purchase through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. Verification of information may be required prior to the acknowledgement or completion of any transaction. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time and/or at every location.
Notices of Intellectual Property Infringement
If you are a trademark or copyright owner and you believe that your intellectual property rights have been violated, please access and follow our Proprietary Rights Complaints Notification Process.
Representations, Disclaimer of Warranties, and Limitations of Liability
The Company and its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents (collectively, the “Company Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the Company or the Company Affiliates.
The Internet may be subject to breaches of security. The Company and the Company Affiliates are not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing the Company or the Company Affiliates any information or posting information to the Site. The Company and the Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THE SITE (INCLUDING ALL SITE UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. THE COMPANY AND THE COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE SITE’S CONTENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE SITE (INCLUDING ANY SITE UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE, (INCLUDING ANY SITE UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE (INCLUDING ANY SITE UPDATES) WILL BE CORRECTED. No oral or written information or advice given by the Company or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Site prove defective, you assume the entire cost of all necessary servicing, repair or correction.
YOU AGREE THAT THE COMPANY AND THE COMPANY AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE SITE OR THE CONTENT; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE SITE; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF THE SITE OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS OR INACTIONS OF SITE USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH SITE USERS, EVEN IF THE COMPANY OR THE COMPANY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE OR ITS RELATED INFORMATION OR PROGRAMS.
THE SITE MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL THE COMPANY OR THE COMPANY AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. THE COMPANY DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
By accessing, registering with, and/or accepting any information from this Site you agree to indemnify, defend, and hold harmless the Company and the Company Affiliates from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your violation of any local, state, federal, or international law, rule, or regulation; (c) a claim by a third party that is based on your use of the Site or your User Content; (d) information or material posted or transmitted through your computer or account, even if not submitted by you; (e) any misrepresentation made by you; (f) any dispute between you and another user of the site; (g) the theft, misappropriation, or disclosure of your password; or (h) your authorization of anyone else to use your password. You will cooperate as fully and as reasonably required in the Company’s defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of the Company.
Notwithstanding any other provision of these Terms, the Company may in its discretion, without any notice or liability to you or any other person, change, discontinue, modify, restrict, suspend or terminate the Site, or any part thereof, including, but not limited to: (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting any user’s right to use or access the Site. The Company may, in its discretion and for its convenience, at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Site without any notice or liability to you or any other person.
The Company may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other person, and any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Site. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Site by others using the device.
By using the Site, you agree that the statutes and laws of the United States and the State of Texas without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and you agree that any litigation shall be subject to the personal and exclusive jurisdiction of the state or federal courts for Dallas, Texas, USA.
In the event of a complaint or concern regarding these Terms or the Site, or for more information, please contact us.
Mobile Terms & Conditions
Mobile Terms and Conditions Important Notice for Guests. By participating in an OTB Acquisition, LLC d/b/a On The Border Mexican Grill & Cantina (“On The Border”) campaign, you agree that you are the primary owner of the phone number used to subscribe. On The Border’s SMS messaging may contain information about promotions, new product items, rewards, or other associated programs at On The Border. Message frequency varies. If you enroll in the Company’s text messaging (SMS) program, you will be asked to consent expressly by providing your mobile telephone number, and responding with specified prompted key word(s), or SMS/MMS or other text message affirmative response as your agreement and consent to receive recurring marketing messages sent by Company or Company vendors to the mobile number you provided at opt-in. Message and Data Rates May Apply. Messages sent from automated system. Consent not required for purchase. Opting Out: You may unsubscribe from a program at any time by texting STOP to 267337 (BORDER). For additional help, you can text HELP to 267337 (BORDER), email email@example.com or call (888) 682-6882. Carriers are not liable for delayed or undelivered messages. Service may not be compatible with all handsets.
Sweepstakes and Promotions. On The Border sometimes assists or partners with Marketers with the set-up and administration of sweepstakes and promotions. By participating in such a sweepstakes or promotion, you are agreeing to abide by the rules of that sweepstakes and/or promotion. In addition, by participating in such a sweepstakes, you are acknowledging that On The Border accepts no liability for any claim related to compliance with sweepstakes laws and makes no representation or warranty that any sweepstakes complies with applicable law, and you release On The Border from any liability related to such a claim. Intellectual Property. On The Border respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works that is not considered fair use is an infringement of the copyright holders’ rights. As a condition of your use of the Services, you agree that you will not use the Service to infringe the intellectual property rights of others in any way. On The Border reserves the right to terminate the account of a user or particular content upon any single infringement of the rights of others in conjunction with use of the Service, or if On The Border believes that conduct of the user or the feed is harmful to the interests of On The Border, its affiliates, or other users, or for any other reason in On The Border’ sole discretion, with or without cause. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at www.copyright.gov), On The Border will respond expeditiously to claims of copyright infringement committed using the Service that are reported to On The Border. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by sending an email to us at Ontheborder.firstname.lastname@example.org. Disclaimer of Warranties. THE SERVICE, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ON THE BORDER AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ON THE BORDER AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. ON THE BORDER AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. ON THE BORDER AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED VIA THE SERVICE. If you use the Service to purchase or otherwise engage in direct transactions with Marketers, all such transactions shall be governed by the terms and conditions entered into with such Marketer. Under no circumstances shall On The Border have any responsibility or liability therefore. If you believe that a Marketer is in violation of any consumer protection laws or regulations, including but not limited to the standards set forth by the Mobile Marketing Association (MMA), such as the MMA Code of Conduct or the MMA Consumer Best Practice Guidelines, you shall immediately report any such suspected violations to On The Border. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, DATA, OR CONTENT THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, YOUR COMPUTING DEVICE, AND YOUR MOBILE PHONE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ON THE BORDER OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF ON THE BORDE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall On The Border or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment and software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Dispute Resolution. You agree that whenever you have a disagreement with us arising out of, connected to, or in any way related to the Terms and/or the Services, you will send a written notice to us (“Demand”). You agree that the requirements of this section will apply even to disagreements that may have arisen before you accepted these Terms. You must send this Demand to the following address (the “Notice Address”): Chief Financial Officer, OTB Acquisition, LLC d/b/a On The Border Mexican Grill & Cantina, 2201 W. Royal Lane, Suite 170, Irving, TX 75063. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send this Demand. If we do not resolve this disagreement to your satisfaction within ten (10) business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). Review this section carefully. THIS ARBITRATION PROVISION LIMITS YOUR AND ON THE BORDER’S ABILITY TO LITIGATE CLAIMS IN COURT AND YOU AND ON THE BORDER EACH AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A JURY TRIAL OR A STATE OR FEDERAL JUDGE. YOU AGREE THAT YOU WILL NOT FILE ANY LAWSUIT AGAINST US IN ANY STATE OR FEDERAL COURT. You agree that if you do sue us in state or federal court, and we bring a successful motion to compel arbitration, you must pay all fees and costs incurred by us in court, including reasonable attorney’s fees. Please note that for any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. YOU AGREE THAT YOU WILL NOT FILE A CLASS ACTION OR COLLECTIVE ACTION AGAINST US, AND THAT YOU WILL NOT PARTICIPATE IN A CLASS ACTION OR COLLECTIVE ACTION AGAINST US. YOU AGREE THAT YOU WILL NOT JOIN YOUR CLAIMS TO THOSE OF ANY OTHER PERSON. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IF THIS CLASS ACTION WAIVER IS INVALIDATED, THEN THE AGREEMENT TO ARBITRATE IS NULL AND VOID, AS THOUGH IT WERE NEVER ENTERED INTO. Any dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or we agree to class or collective procedures in arbitration or the joinder of claims in arbitration. We agree that we will submit all disputes with you to arbitration before the Arbitrator. Changes in Terms and Conditions. We may modify or terminate our Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms from time to time without notice. Please review these Terms from time to time so that you will be apprised of any changes. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by On The Border’s Chief Financial Officer and/or Chief Executive Officer. Sometimes campaigns may involve special terms and conditions that will be applied specifically to those campaigns. Effective Date: October 10, 2023