Del Taco® Terms of Use

The Effective Date of these Terms of Use is January 26, 2012.

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

These are Del Taco LLC's ("Del Taco", "we", "our") Terms of Use ("Terms of Use"). The Terms of Use apply to our websites (including www.deltaco.com, www.deltacofranchise.com and www.deltacostore.com), interactive features and mobile sites that post a link to it (collectively, "Sites") whether accessed via personal computers, mobile devices, tablets or other technology (collectively, "Device"). You agree to these Terms of Use by accessing or using the Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE DO NOT USE THE SITES.

In some instances, both these Terms of Use and an additional set of terms or guidelines may apply to a service or product offered via the Sites ("Additional Terms"). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review this Site's Privacy Policy.

 
 
  1. OWNERSHIP OF MATERIALS

    Unless otherwise explicitly specified, all materials that are in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; images; audio videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, the "Materials") are owned, controlled or licensed by Del Taco. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except as is expressly provided in these Terms of Use. Any unauthorized use of the Materials is prohibited.

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  2. YOUR LICENSE TO USE MATERIALS ON OUR SITES

  3. Subject to your strict compliance with these Terms of Use, Del Taco grants you a limited, non-exclusive, revocable, non-assignable and non-transferable license to download, view and/or play one copy of the Materials on your Device for your personal, non-commercial use only, provided that: (a) you keep intact all copyright and other proprietary notices contained in the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products; and (c) you make no modifications to the Materials. All other rights in and to the Materials are hereby expressly reserved to Del Taco or its licensors.

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  4. USER FORUMS

    The Sites may offer message boards or other interactive areas ("User Forums") where users may share their comments, opinions, information, materials, and other user-generated content (each, "User Content").

    a. Rights You Grant to Us. If you submit User Content (including by e-mail or text message) you: (1) grant to Del Taco an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, copy, modify, incorporate in other works, create derivative works from, publish and perform that User Content and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed, without any compensation to you, and (2) waive all of your moral rights in that User Content to the fullest extent permitted by law.

    b. No Obligation to Prescreen/Monitor. You agree and understand that we are not obligated to post, keep or use your User Content We do not have any obligation to prescreen, monitor, edit, or remove any User Content. However, we retain the right (but not the obligation), in our sole discretion to do so.

    c. No Confidential Relationship/No Unsolicited Materials. Except as otherwise described in the Sites' Privacy Policy, any User Content will be treated as non-confidential and non-proprietary. Del Taco will not be liable for any use or disclosure of any User Content that you provide.

    d. No Product Ideas Please. It is our policy not to accept product ideas or suggestions other than those we have specifically requested and to which certain terms and conditions may apply. This is to avoid any misunderstandings if your ideas are similar to products we have developed or are developing independently. Accordingly, Del Taco takes no responsibility for any ideas so transmitted.

    e. Representations You Make to Us. You represent and warrant to Del Taco that your User Content: (1) is not confidential and that you have all necessary permissions to submit such User Content; and (2) does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.


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  6. USER FORUM RULES

    The following rules are here to help you understand the conduct that is expected of you when you participate in User Forums. Your participation in any User Forum is subject to the following:

    • It's Public. Please remember that User Forums are public and User Content will be accessible and viewable by other users. Do not post personal information about yourself or any third party (e.g., full name, password, phone number, address, e-mail address or other contact information).
    • Original Content Please. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content.
    • No pictures or images of anyone but you, your friends and family. If you upload photos, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
    • No Music. Your User Content must not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances).
    • No Trademarks or Logos. Do not include any visible logos, phrases or trademarks.
    • Keep it relevant. Your User Content should be intended to add to the discussion and community (this is not the place to discuss politics, religion, or private matters).
    • Please follow codes of social decency. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
    • No commercial use. Your User Content may not promote a product or service.
    • No inappropriate or illegal activity. Your User Content may not promote any illegal activity or violence nor may it describe how to perform a violent or dangerous act.
    • Be honest. Do not post User Content that you know is false, fraudulent, deceptive, misleading or that misrepresents your identity or affiliation with a person or company.
    • No viruses. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system.
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  8. REGISTRATION

    Certain areas of the Sites may require registration or otherwise ask you to provide information to participate in certain features, make purchases or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access these things.

    If you register with us, you agree to accept responsibility for all activities that occur under your account or password and are responsible for maintaining the confidentiality of your password. Del Taco reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.

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  10. SWEEPSTAKES, CONTESTS, AND PROMOTIONS

    Any sweepstakes, contests or other promotions (any, a “Promotion”) offered via the Sites may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, and terms and conditions governing the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).

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  12. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY

    Del Taco has a designated agent for receiving notices of copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Del Taco copyright agent the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Del Taco copyright agent for notice of claims of copyright infringement can be reached as follows:
    Name: Jack Tang
    Mailing address: 25521 Commercentre Drive, Suite 200
    Lake Forest, CA 92630
    Phone number: (949) 462-7324
    Fax: (949) 616-5002
    E-mail address: JTang@DelTaco.com

    NOTE: This contact information is for inquiries regarding potential copyright infringement only.

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  14. MERCHANDISE AND GIFT CARDS

    The Sites may offer you the ability to purchase merchandise (“Merchandise”) and gift cards in denominations from $5-$100 (“Gift Cards”). The Gift Cards are redeemable at participating U.S. Del Taco stores only. Gift Cards may not be used to purchase Merchandise on the Sites. Your purchases via the Sites are subject to the following terms:

    • No refunds will be provided for Gift Cards.

    • Merchandise will be replaced with the identical item free of charge under the following conditions only:
      1. Merchandise was received by you defective or damaged in shipping.
      2. Identical replacement item is available.
      3. You notify us and request a replacement within three (3) days of receiving the item.

    • Refunds for Merchandise will be provided under the following conditions only:
      1. Merchandise is returned to us in unused, unopened, and salable condition.
      2. You ship the Merchandise back to us at your expense.
      3. Shipping fees will not be refunded.

    • Payment is by credit card only.  Currently, we accept American Express, Visa and MasterCard for Merchandise and Gift Card purchases.   Cash, personal checks and cashiers/certified checks, money orders, or any other form of payment will not be accepted.

    • It is your responsibility to verify the items, quantities, costs, shipping fees, tax, payment method, and shipping address of your order prior to submitting your order for credit card authorization. 
    • The cost of each Gift Card varies based on the denomination.

    • From time to time free bonus gifts may be offered with Merchandise and/or Gift Card purchases. All free bonus gifts are available for a limited time, unless otherwise noted, and are limited to supply on hand. Free food offers will be provided in the form of coupons, or other items valid at participating Del Taco locations, and may have an expiration date. Expiration dates, if applicable, will be disclosed before purchase, and will be clearly printed on the coupons, or items in question.

    • From time to time discount codes may be published for use on the Sites. If you wish to redeem a published discount code, you must enter it prior to submitting your order. Adjustments will not be made after your order has been submitted for credit card approval.

    • No backorders will be taken. If an item you ordered is not in stock, the out of stock item will be removed from your order. The in stock items in your order will be filled and shipped, and your credit card will be charged the adjusted order amount. Your order may, or may not contain a packing slip explaining this adjustment has taken place.

    • Submission of your order constitutes an offer by you to purchase, and Del Taco reserves the right to accept or reject your offer.   After submitting your order, you may be shown a “thank you” screen.  This is the only confirmation you will receive that your order was submitted.  You should print this screen and keep it for your records.
    • Product prices do not include any sales, use, privilege, excise, or any other tax or assessment that may arise, and payment of any such costs are your responsibility.

    • Merchandise and Gift Cards will be shipped via the shipping method selected from the options provided on the Sites at the rate calculated during checkout. All shipping times represented on the Sites are for approximation only, and do not constitute, or imply a delivery date guarantee. We reserve the right to change shipping carriers, and rates without notice. Unless otherwise stated, free Gift Card shipping will be provided by the United States Postal Service, First-Class mail, and is not guaranteed to arrive in any number of days.

    • No express shippers deliver to PO boxes, so a physical shipping address must be provided when selecting any paid shipping method, other than USPS.

    • We can only accept orders with a billing and shipping address within the 50 United States.

    • Should you have questions regarding your order or charges to your credit card, call Del Taco Customer Service at 800-852-7204, Monday through Friday, from 8am to 5pm, Pacific Standard Time.
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  16. THIRD PARTY LINKS AND CONTENT

    There may be links from the Sites, or communications you receive from the Sites, to third party websites. We do not control those third party websites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party websites.


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  18. LINKING POLICY

    Del Taco grants you the revocable permission to link to the Sites; provided, however, that your website: (a) does not frame or create a browser or border environment around the Sites or otherwise mirror any part of the Sites; (b) does not imply that Del Taco or the Sites is endorsing or sponsoring it or its products; (c) does not present false information about, or disparage, tarnish, or otherwise, in Del Taco sole opinion, harm Del Taco or its products or services; (d) does not use any Del Taco trademarks; (e) does not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Del Taco sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements.

    Notwithstanding anything to the contrary contained in these Terms of Use, Del Taco reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.

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  20. MOBILE

    The Sites may offer features and services that are available to you via your mobile Device. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Site, download applications to your mobile Device or access Sites features (collectively, the "Mobile Features"). If you elect to participate in Mobile Features, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature.

    If you have registered for Mobile Features, you agree to notify Del Taco of any changes to your mobile number and update your account on the Sites to reflect this change.


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  22. YOUR WARRANTIES

    You represent and warrant that: (i) you are at least the age of majority in your jurisdiction of residence (which is eighteen (18) in most states, but nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and to comply with these Terms of Use or, if you are a minor, your parent or legal guardian has read and agreed to these Terms of Use on your behalf; (ii) all information you provide to Del Taco is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms of Use.

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  24. OUR DISCLAIMER OF WARRANTIES

    THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DEL TACO AND ITS EMPLOYEES, MANAGERS, OFFICERS, SHAREHOLDERS, MEMBERS AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE "DEL TACO PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS; (C) USER CONTENT; (D) ANY PRODUCTS OFFERED OR REFERENCED AT THE SITES; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DEL TACO OR VIA THE SITES. IN ADDITION, THE DEL TACO PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.

    THE DEL TACO PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. THE DEL TACO PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SITES IS ACCURATE, COMPLETE, CORRECT, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE IS AT YOUR SOLE RISK. THE DEL TACO PARTIES DO NOT WARRANT THAT YOUR USE OF THESE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE DEL TACO PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.

    THE DEL TACO PARTIES DO NOT ENDORSE THE USER CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY 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 OBTAINED THROUGH THE SITES.


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  26. LIMITATION OF LIABILITY; WAIVER

    UNDER NO CIRCUMSTANCES WILL THE DEL TACO PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITES; (B) THE MATERIALS; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DEL TACO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITES' TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S DEVICE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DEL TACO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITESS). IN NO EVENT WILL THE DEL TACO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE DEL TACO PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

    BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR PROVINCE/TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

    IN THE EVENT OF ANY CLAIM OR DISPUTE BETWEEN THE PARTIES, YOU WILL HAVE NO RIGHT TO SEEK OR OBTAIN INJUNCTIVE RELIEF; YOUR RIGHTS WILL BE LIMITED TO AN ACTION AT LAW TO SEEK ACTUAL MONETARY DAMAGES, IF ANY.


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  28. INDEMNIFICATION

    You agree to indemnify and hold harmless the Del Taco Parties from and against any and all claims and expenses, including attorneys' fees, arising out of your use of or access to the Sites, their content or User Content, including but not limited to claims arising out of (i) your violation of these Terms of Use; (ii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right; (iii) your User Content, including any submissions to a Contest; (iv) any misrepresentation made by you; and (v) Del Taco's use of your information. You agree to cooperate fully with Del Taco in the defense of any claim. Del Taco reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.


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  30. MISCELLANEOUS

    1. Jurisdiction; Severability; Assignment. These Terms of Use, together with any other legal notice published by us on the Sites, constitute the entire agreement between us concerning your use of these Sites. These Terms of Use and any access to or use of the Sites will be governed by the laws of the State of California notwithstanding its conflict of law provisions, and the proper venue for any dispute arising out of or relating to any of the same will be the state and federal courts located in Orange County, California. If any part of these Terms of Use is held invalid or unenforceable, the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Del Taco may assign its right and obligations under these Terms of Use and any Additional Terms, in whole or in part. You may not assign these Terms of Use and/or any Additional terms.

    2. Investigations; Cooperation with Law Enforcement. Del Taco reserves the right to: (i) investigate any suspected breaches of its Sites security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms of Use and any Additional Terms, (iii) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, and (iv) prosecute violators of these Terms of Use and any Additional Terms.

    3. Modification or Suspension of the Sites. Del Taco reserves the right to modify or suspend the Sites in its sole discretion. Del Taco will not be liable to you for any modification or suspension of the Sites and/or suspension of your use of the Sites.

    4. Modification of Terms of Use. Del Taco may revise these Terms of Use from time to time. If we revise these Terms of Use, those changes will appear on this page and the “Effective Date” line will be updated. Your continued use of the Sites after any change in these Terms of Use will constitute your acceptance of such change.


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  31. CONTACT US

    If you have any questions or concerns with these Terms of Use or the Sites you may contact us by calling Del Taco Customer Service at 800-852-7204, Monday through Friday, between 8am to 5pm, Pacific Standard Time.


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