TERMS AND CONDITIONS FOR Don Pedro’s Mexican Restaurant ONLINE SERVICES (USA)

Effective: Jan 1, 2024

Important: Please carefully read and understand these terms and conditions (“terms”). They contain an arbitration agreement, jury and class action waivers, limitations on Don Pedro’s Mexican Restaurant liability and other provisions that affect your legal rights.

By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Don Pedro’s Mexican Restaurant, LLC (“Don Pedro’s Mexican Restaurant”, “we” or “us”), which controls and operates the online services from its headquarters at 437 Oregon Wy, Longview, WA 98632.

In addition to terms that apply generally to the online services, these terms contain sections applicable to the Don Pedro’s Mexican Restaurant Rewards program, Don Pedro’s Mexican Restaurant Text Messaging program, and the Don Pedro’s Mexican Restaurant Delivery program that apply only with regard to your participation in those programs. The terms for these programs may vary from the terms applicable to the online services generally.

Please also review Don Pedro’s Mexican Restaurant Privacy Statement, which describes how we collect, use, and share information. By accepting these terms, you also understand and agree these terms will govern any disputes arising out of or related to Don Pedro’s Mexican Restaurant Privacy Statement.

By accepting these terms, you understand and agree that, as stated in Section 9, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.

The online services are not intended to be used by, or targeted to, anyone under the age of 13 years old. You must be at least 13 years old to use the online services.

If you do not agree to these terms, then you must immediately stop using the online services and request that Don Pedro’s Mexican Restaurant close any online services account that you have created. You can request account deletion by visiting the Privacy Rights Center and making a deletion request.

1. ABOUT THE ONLINE SERVICES.

Availability of products and services.

Don Pedro’s products and services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide.

Obey the rules of the road.

Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. You must not use the online services while driving or while behind the wheel or controls of a vehicle that is moving or not in “park”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.

You are responsible for your devices and accounts.

You are responsible for any devices, software and services needed to use the online services. Don Pedro’s Mexican Restaurant does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees, and taxes for your use of the online services, including when we communicate with you by text, email, or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times. An email may be required to create an online services account. You are not permitted to register multiple accounts under multiple email addresses.

Don Pedro’s Mexican Restaurant right to update or terminate the online services.

You understand and consent that (with or without notice) Don Pedro’s Mexican Restaurant may update, modify, or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Don Pedro’s Mexican Restaurant mobile app that you have installed on your device. If you are not satisfied with the online services following such changes, your sole remedy is to discontinue use of those online services.

Updates to these terms.

Don Pedro’s may also update these terms at any time and at its sole discretion. If Don Pedro’s Mexican Restaurant makes material changes to the terms, we will notify you by reasonable means. In addition, Don Pedro’s Mexican Restaurant will post the new terms in the online service.  Please review these terms from time to time to view any changes. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Don Pedro’s Mexican Restaurant close any online services account that you have created. To close your account, you can visit ‘your profile’ and select ‘delete account’.

Independent businesses own and operate many restaurants.

While Don Pedro’s Mexican Restaurant operates and controls the online services, it is not responsible for the operation of most restaurants. Most restaurants are instead owned and operated by independent franchisees of Don Pedro’s Mexican Restaurant and some are operated by Don Pedro’s Mexican Restaurant subsidiaries (such franchisees and subsidiaries are together, “restaurants”). Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products to you, and for any employment related matters in the restaurant.

Links to job opportunities from the online services.

Don Pedro’s and all restaurants are equal opportunity employers committed to diverse workforces. The online services may provide links to job opportunities posted by Don Pedro’s Mexican Restaurant or restaurants. These opportunities are with the restaurant alone and not with Don Pedro’s Mexican Restaurant or its parent company (Don Pedro’s Mexican Restaurant Corporation). This means that the restaurant that posted the opportunity is alone responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business. Neither Don Pedro’s Mexican Restaurant nor its parent company receives a copy of any application you submit to a restaurant that is a franchisee, neither controls whether you receive an interview or are hired, and neither controls franchisees’ employment policies and practices. Neither Don Pedro’s Mexican Restaurant nor its parent company employs independent franchisees. If you are hired by a restaurant that is a franchisee, only that franchisee, and not Don Pedro’s Mexican Restaurant or its parent company (Don Pedro’s Mexican Restaurant Corporation), will be your employer.

How to contact us.

If you have any questions or comments regarding the online services, please visit the Contact Us section in the online services or you can always visit the Contact Us page.

2. OUR INFORMATION PRACTICES AND COMMUNICATIONS WITH YOU.

How we communicate with you.

Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from Don Pedro’s Mexican Restaurant. When you opt into any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from Don Pedro’s Mexican Restaurant. Don Pedro’s Mexican Restaurant may use the information you have provided to us to communicate with you in accordance with Don Pedro’s Mexican Restaurant Privacy Statement andWashington Privacy Notice.

Opting out of communications generally.

You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out of various communications in the profile section of the online service that you use. You may also have the ability to change certain communication preferences, such as mobile app notifications, using your device settings. In addition, our communications themselves may include the opportunity to opt out, such as by selecting the “unsubscribe” link in emails, or following the opt-out procedures for text messages described in the Don Pedro’s Mexican Restaurant Text Messaging Program Terms & Conditions. You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. While we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account. Lastly, please note that if you are receiving communications from a Don Pedro’s Mexican Restaurant franchisee, then you will need to opt out from them directly.

Additional information on text messages.

When you opt in to any of our text message programs, you understand that such text message programs are separately governed by Don Pedro’s Mexican Restaurant Text Messaging Program Terms & Conditions. You understand and consent that you will receive text messages from an automated system. You further understand that your consent is not required to make any purchase. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate short code or contact us. For more information, please visit  Don Pedro’s Mexican Restaurant Text Messaging Program Terms & Conditions.

3. PLACING ORDERS FOR RESTAURANT PICK-UPS AND MOBILE ORDER & PAY (MOP).

This section applies to orders you place using the online services, including in certain geographic areas where you can order ahead via the Don Pedro’s Mexican Restaurant mobile app so the restaurant can start your order ahead of your arrival (excluding delivery). This program is known as “MOP” or the “MOP Program.” Please read this section before you send any orders to restaurants using the online services and/or MOP. Please note that ordering may not be available in all online services. If you are within the geographical areas where MOP is available, the MOP option may be displayed to you. Please refer to the Mobile Order & Pay FAQs for more information on ordering and MOP.

About ordering.

The purpose of ordering (including MOP) is to provide customers with a convenient way of building orders for products in advance and submitting their orders to a participating restaurant. You must register an online services account in order to use ordering (including MOP). Before you submit an order, you must register a credit card or debit card (either one, a “payment card”) or another payment method that Don Pedro’s Mexican Restaurant supports to use with your orders. Not all restaurants may choose to make their products available via ordering. Please note MOP may not be available in all geographic areas or through all online services that Don Pedro’s Mexican Restaurant provides. You may need to enable location services on your device in order for ordering to function properly.

Registering your payment method.

Don Pedro’s Mexican Restaurant and the restaurants use third party payment services providers to securely store your payment card information and process your payments to restaurants. You understand and agree that, when you register a payment card, Don Pedro’s Mexican Restaurant or its third party payment services providers may verify that the payment card you registered is valid, including by authorizing a low-value, temporary charge.   You are able to update your saved payment method information if there are changes to that information (e.g., as a result of a re-issued card with new account numbers and expiration date).  Alternatively, Don Pedro’s Mexican Restaurant and its third party payment services providers may obtain updated payment method information from your bank or financial services institution provided you have authorized your bank or financial services institution to provide this updated information. You also understand and agree that when you use ordering to make a purchase from a restaurant, that restaurant will be the merchant of record. Restaurants may require information other than your order code to verify your purchase. You represent and warrant that you are of sufficient age and have all legal rights to use all payment methods you register.

You purchase products directly from restaurants.

When you use ordering (including MOP), you submit orders directly to a participating restaurant and the contract for supplying the products will be between you and the restaurant that accepts your order. The restaurant where you collect your products is responsible for preparing the products and providing them to you. You further understand and agree that you are purchasing directly from restaurants (and not Don Pedro’s Mexican Restaurant or any other Members of the Don Pedro’s Mexican Restaurant System, as defined below) and that neither Don Pedro’s Mexican Restaurant nor any other Members of the Don Pedro’s Mexican Restaurant System have any responsibility arising out of or related to any products that you purchase from restaurants using ordering. Don Pedro’s Mexican Restaurant Corporation (which is Don Pedro’s Mexican Restaurant parent company), its subsidiaries, affiliates, their franchisees, agents, representatives, and agencies and their officers, directors, and employees are together, “Members of the Don Pedro’s Mexican Restaurant System”.

About the products in the online services.

All products are subject to availability at the restaurant where you collect your order. Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due to your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country, and the season of the year.

About the prices in ordering.

Each restaurant independently determines its own prices and independently applies any additional taxes and fees as required by law. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of a product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.

Building, confirming and sending your order to a restaurant.

You can use ordering to build your order and send it to a participating restaurant that you select. Payment is charged when you select ‘Pay & Place Order’. Orders made must be collected in person from the restaurant.

Paying for your order.

When you select ‘Pay & Place Order’ you authorize the restaurant to process your order total. The restaurant’s payment service provider will process your order total amount to the payment method you selected when you built your order. Orders must be collected in person from the restaurant you selected when placing your order. You own the products after you have collected them.

Cancelling your order, refunds and your consumer rights.

You have the ability to update or abandon your order at any time prior to selecting ‘Pay & Place Order’. If you desire to seek a refund for any reason after you select ’Pay & Place Order’, including if the products are unsatisfactory or other reasons, please contact the restaurant where you purchased the product. The decision regarding how to resolve any refund request is in the discretion of the restaurant where you purchased the product (excluding delivery). Your legal rights in this respect are not affected by anything in these terms.

Complaints.

If you have a complaint about your experience with a Don Pedro’s Mexican Restaurant restaurant or product, please contact the restaurant in question. Alternatively, you may contact Don Pedro’s Mexican Restaurant Customer Care. Don Pedro’s Mexican Restaurant cannot possibly read or respond to every single comment made in other channels, such as social media. Please immediately contact Don Pedro’s Mexican Restaurant Customer Care with any concerns or reports of a serious nature.

4. DEALS.

You have the possibility of receiving deals through the online services. The following general terms apply to the deals:

1. the deal may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date;
2. serving times apply (e.g., certain non-breakfast deals may not be available at breakfast serving times);
3. unless otherwise stated each deal expires on redemption;
4. only one deal can be used per restaurant visit;
5. deals are not transferable; and
6. there is no cash alternative. In addition, there may be specific terms that apply to the deal which are stated on the app next to the deal. Not all deals may be combined with orders. By opting out of Don Pedro’s Mexican Restaurant Rewards & Deals, you will no longer have access to deals in the program.

5. OWNERSHIP AND LICENSES FOR THE ONLINE SERVICES.

Don Pedro’s Mexican Restaurant intellectual property ownership.

Any and all rights in the online services are and shall remain the exclusive property of Don Pedro’s Mexican Restaurant or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services  any features and functionality provided by third parties, and in which those third parties own certain intellectual property rights.  Neither Don Pedro’s Mexican Restaurant nor any other Members of the Don Pedro’s Mexican Restaurant System have any responsibility arising from or related to any such third-party features or functionality. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Don Pedro’s Mexican Restaurant or its licensors’ rights.

Your license to use the online services.

Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “Use” includes a license to access, interact with, and display the online services. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you, Don Pedro’s Mexican Restaurant or its licensors reserve all other rights.

Trademark information.

Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Don Pedro’s Mexican Restaurant or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

6. USER SUBMISSIONS AND UNSOLICITED IDEAS.

User submissions.

Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Don Pedro’s Mexican Restaurant through the online services (together, “submissions”). You understand that by submitting any submissions to Don Pedro’s Mexican Restaurant through the online services, you grant Don Pedro’s a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation, notice or attribution to you or any other person. Don Pedro’s Mexican Restaurant will not be required to treat any submissions as confidential.   You expressly waive any and all claims against Don Pedro’s Mexican Restaurant and all other Members of the Don Pedro’s Mexican Restaurant System in connection with Don Pedro’s Mexican Restaurant consideration, use or development of any product, design, concept or other materials similar or identical to your submission.

7. COPYRIGHT NOTICE.

Don Pedro’s Mexican Restaurant will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to Don Pedro’s Mexican Restaurant at:

Don Pedro’s Mexican Restaurant, LLC
437 Oregon Wy, Longview, WA 98632,
Attn: DMCA copyright administrator, by phone to 360-425-5899 or by email to contact@donpedroslongview.com.

What to include in your infringement notice.

Please include the following information in your notice to us, along with your full name, address, telephone number and email address:

1. A detailed description of the copyrighted work that you believe has been infringed.
2. A detailed description of the content on the online services that you believe infringes the copyrighted work, including information reasonably sufficient to permit Don Pedro’s Mexican Restaurant to locate the alleged infringing content (e.g., the page on the online services where the alleged infringing content is located).
3. The following statement, signed by the copyright owner or a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed: “I have 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. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.”

8. ACCEPTABLE USES AND RESTRICTIONS FOR THE ONLINE SERVICES.

Acceptable uses and other restrictions.

With respect to the online services (which includes content) or any portion thereof, you may not, and may not allow third parties, to:

1. Use the online services for any purpose that is unlawful or prohibited by these terms;
2. Delete or change any copyright, trademark, or other proprietary notices;
3. Claim or attempt to obtain ownership or title to the online services, including the content;
4. Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
5. Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services or your online services account, or combine them with, or incorporate them into, any other programs or services;
6. Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
7. Transfer, provide, export or re-export the online services in violation of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
8. Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
9. Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, Don Pedro’s Mexican Restaurant network or any user accounts associated with the online services;
10. Any fraudulent use of an online services account or Don Pedro’s Mexican Restaurant Rewards points;
11. Share, publish, or otherwise use direct hyperlinks to pages, images, or other resources within the online services other than a link to the online services; or
12. Incorporate any pages or functionality within the online services into other services or applications using framing or analogous techniques.

9. LIMITATIONS ON LIABILITY AND DISCLAIMERS.

Limitations on Don Pedro’s Mexican Restaurant liability.

Neither Don Pedro’s Mexican Restaurant nor any other Members of the Don Pedro’s Mexican Restaurant System shall be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary or incidental damages, including lost data, personal injury or property damage related to or arising out of the online services or out of the acts or omissions of Members of the Don Pedro’s Mexican Restaurant System whether arising out of contract, tort or ordinary negligence. Nothing in this section is intended to limit Don Pedro’s Mexican Restaurant liability for damages to the extent caused by Don Pedro’s Mexican Restaurant own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section is intended to limit or alter your rights as a consumer that cannot be limited or altered under applicable law. Don Pedro’s Mexican Restaurant reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.

Don Pedro’s Mexican Restaurant provides the online services “AS-IS” and without any warranties.

The online services may include inaccuracies or errors. Don Pedro’s Mexican Restaurant provides the online services “as is” and without warranties of any kind either expressed or implied. Don Pedro’s Mexican Restaurant disclaims all warranties of merchantability and fitness or a particular purpose. Don Pedro’s Mexican Restaurant does not warrant or make any representation that the online services will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, or that the online services are free of viruses or other harmful components. You assume total responsibility related to your use of the online services. Your sole remedy against Don Pedro’s Mexican Restaurant and all other Members of the Don Pedro’s Mexican Restaurant System for dissatisfaction with the online services is to stop using them. This limitation of relief is a part of the bargain between the parties. These warranty exclusions may not apply to you to the extent that applicable law does not allow the exclusion of implied warranties.

Third party services.

The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Don Pedro’s Mexican Restaurant does not endorse and is not associated with any of these third-party services. Neither Don Pedro’s Mexican Restaurant nor any other Members of the Don Pedro’s Mexican Restaurant System have any responsibility arising from or related to these third-party services.

The online services contain Google Maps features and content that are subject to the Google’s terms of service and Google’s privacy policy.

We may permit you to login to the online services using an account from a third party service such as Apple ID, Google+ or other social networking platforms in place of creating a new account specifically for the Online Services. Don Pedro’s Mexican Restaurant has no control over, makes no representations or warranties whatsoever about any of the third party services that you may access, is not responsible for the availability of such third party services, and does not endorse nor is responsible or liable for any content or other materials on or available from such third party services. Your use of the third-party services may be subject to additional terms, including software license terms, from those third parties.

Events beyond our control.

Neither Don Pedro’s Mexican Restaurant nor any other Members of the Don Pedro’s Mexican Restaurant System have any responsibility for Don Pedro’s Mexican Restaurant failure to perform any of its obligations under these terms cause by or related to any event beyond Don Pedro’s Mexican Restaurant reasonable control. If such an event occurs, then Don Pedro’s Mexican Restaurant obligations under these terms will be suspended for the duration of the event; and Don Pedro’s Mexican Restaurant may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

How we settle disputes.

You agree that:

1. any claim or dispute (whether in contract, tort, or otherwise) you may have with Don Pedro’s Mexican Restaurant or any other Members of the Don Pedro’s Mexican Restaurant System arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”);
2. this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
3. prior to you or Don Pedro’s Mexican Restaurant initiating arbitration by filing a Notice of Claims with JAMS, you and Don Pedro’s Mexican Restaurant will engage in the informal dispute resolution process outlined in this paragraph. First, the party interested in pursuing a dispute related to the online services must give written notice to the other party of the party’s intent to initiate an informal dispute resolution conference (the “Notice”). The Notice shall contain: (1) the initiating party’s name; (2) the initiating party’s preferred contact information; (3) a brief description of the dispute; and (4) the relief sought. If you are the initiating party, the Notice must be sent via e-mail to contact@donpedroslongview.com. Second, within 60 days of the non-initiating party’s receipt of the Notice, or at a later date if you and Don Pedro’s Mexican Restaurant mutually agree to enlarge the 60-day period, the parties shall make a good-faith attempt to resolve their dispute by participating in a live telephone call or videoconference.  If you are represented by counsel, your attorney(s) may participate in the dispute resolution conference, but you must be present and must participate in the conference as well.  Engaging in this informal dispute resolution process is a prerequisite to commencing arbitration.  The statute of limitations and all arbitration filing fee deadlines shall be tolled while you and Don Pedro’s Mexican Restaurant engage in this process;
4. if, following the informal dispute resolution process described in subpart 3 above, either you or Don Pedro’s Mexican Restaurant decides to file a Notice of Claims or some other type of demand for arbitration, the demand must include: (1) the name and contact information of the party initiating arbitration; (2) the legal claims being asserted; (3) a detailed explanation of the factual basis for those claims; and (4) a detailed explanation of both the nature and the amount of the relief sought.  Filing a demand that does not include the above information may result in the rejection of your demand for arbitration;
5. the arbitration shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Don Pedro’s Mexican Restaurant or other Members of the Don Pedro’s Mexican Restaurant System;
6. the arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services;
7. the arbitrator shall apply Illinois law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
8. no claims shall be arbitrated on a class or representative basis as you and Don Pedro’s Mexican Restaurant hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Don Pedro’s Mexican Restaurant; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Don Pedro’s Mexican Restaurant under this provision;
9. you and Don Pedro’s empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable;
10. in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $250 USD, Don Pedro’s Mexican Restaurant agrees to pay any such administrative, arbitrator and filing fees exceeding $250 on your behalf, subject to ultimate allocation by the arbitrator. If you can demonstrate that the cost of initiating your claims in a court of law would be less than $250, Don Pedro’s Mexican Restaurant will pay the portion of the administrative, arbitrator and filing fees that exceed the demonstrated cost of initiating your claims in court.  In addition, if you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Don Pedro’s Mexican Restaurant will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive;
11. if more than 1,000 arbitration demands are filed against Don Pedro’s Mexican Restaurant relating to substantially the same business decision or underlying facts by individuals who followed the procedures set forth in subsections 3 and 4 above and are represented by the same counsel or coordinated counsel, and if no substantive ruling has been made in an arbitration between you and Don Pedro’s Mexican Restaurant relating to that decision or those facts, then both you and Don Pedro’s Mexican Restaurant have the unilateral right to opt out of this arbitration provision and have your dispute heard in state court in DuPage County, Illinois or in the United States District Court for the Northern District of Illinois by sending a written notice to the other party; and
12. with the exception of subparts 8 and 11 above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either or both of subparts 8 and 11above are found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Don Pedro’s Mexican Restaurant nor you shall be entitled to arbitrate their dispute. In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts of DuPage County, Illinois or the United States District Court for the Northern District of Illinois. If litigation ensues for any reason, both you and Don Pedro’s Mexican Restaurant agree to waive any right to a trial by jury. Further, neither you nor Don Pedro’s Mexican Restaurant shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.  Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Don Pedro’s Mexican Restaurant are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website.

10. TERMS RELATING TO THE MOBILE APPLICATION

This section applies only if you access our online services through a mobile device running Apple’s iOS or Google’s Android operating systems. If you access our online services through a mobile application, the applicable terms for the platform from which you download the mobile application (“Platform Terms”), such as the Apple App Store or Google Play Store, may apply in addition to these terms and conditions. These terms incorporate and supplement the Apple, Inc. (“Apple”) terms and conditions, including the Licensed Application End User terms therein (“Apple terms”). You also acknowledge and agree:

• Neither Apple nor Google has no obligation at all to provide any support or maintenance services and neither are responsible for the content in the mobile application. If you have any maintenance or support questions in relation to the mobile application, or any concerns regarding content in the mobile application, please contact Don Pedro’s Mexican Restaurant or Google, not Apple, using the above Support Services details;
• Neither Google nor Apple have any responsibility for content within the mobile application. If you have any concerns regarding content in the mobile application, please contact Don Pedro’s Mexican Restaurant as described within these terms, depending on the nature of your concern;
• Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the mobile application Version are between you and Don Pedro’s Mexican Restaurant; neither Google nor Apple shall be a party; and
• Neither Apple nor Google will be responsible or liable to you in relation to any third party claim, or the investigation, defense, settlement and discharge thereof: (i) that your possession or use (in accordance with these terms) of the   mobile application infringes any intellectual property rights; (ii) relating to any product warranties other than in the Platform Terms, whether express or implied; (iii) product liability claims; (iv) any claim that the mobile application  fails to conform to any applicable legal or regulatory requirement; and (v) claims arising under consumer protection or similar legislation.

If the mobile application that you have purchased does not conform to any warranty applying to it, you may notify Apple or Google, which may refund the purchase price of the mobile application to you subject to then-current Platform Terms. Subject to that, and to the maximum extent permitted by law, neither Apple nor Google give or enter into any warranty, condition or other term in relation to the mobile application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the mobile application or as a result of you or anyone else using the mobile application or relying on any of its content. Apple and Google shall be intended third-party beneficiaries of this section.

11. ACCESSIBILITY

If you are a user with a disability, or an individual assisting a user with a disability, and have difficulty accessing or navigating our online services, please reach out to us by emailing contact@donpedroslongview.com . For more information, please review our Don Pedro’s Digital Accessibility page.

12. MISCELLANEOUS.

• Don Pedro’s makes no representation that the online services are appropriate or available outside of the United States. If you use the online services from other locations you are responsible for compliance with applicable local laws.
• These terms will be governed and interpreted pursuant to the laws of Illinois, notwithstanding any principles of conflicts of law.
• Although these terms govern the online services as between Don Pedro’s Mexican Restaurant and you only (and neither Apple nor any other Members of the Don Pedro’s Mexican Restaurant System are parties to these terms), Apple and all other Members of the Don Pedro’s Mexican Restaurant System are third party beneficiaries under these terms and will have the right to enforce against you those rights that Don Pedro’s Mexican Restaurant holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
• The terms are written in English (US). Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English (US) version controls.
• On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of Don Pedro’s Mexican Restaurant and other Members of the Don Pedro’s Mexican Restaurant System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 9 (“How we settle disputes”).
• Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
• If Don Pedro’s Mexican Restaurant fails to insist that you perform any of your obligations under these terms, or if Don Pedro’s Mexican Restaurant does not enforce its rights against you, or delays in doing so, that will not mean that Don Pedro’s Mexican Restaurant has waived its rights against you and will not mean that you do not have to comply with those obligations.
• Don Pedro’s Mexican Restaurant may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Don Pedro’s Mexican Restaurant agrees in writing.

Don Pedro’s Mexican Restaurant REWARDS TERMS (USA)

Effective: Jan 1, 2024

In certain geographical areas, Don Pedro’s Mexican Restaurant makes available its Don Pedro’s Mexican Restaurant Rewards program (“Don Pedro’s Mexican Restaurant Rewards”, or the “program”). If you are within those geographical areas, the program may be displayed to you.

These Don Pedro’s Mexican Restaurant Rewards Terms (USA) (the “program terms”) apply only if you join the Don Pedro’s Mexican Restaurant Rewards program and participate in the program as part of your use of the online services. The program terms are intended to supplement (not change) the Terms and Conditions for Don Pedro’s Mexican Restaurant Online Services (USA) (the “online services terms”). When the word “terms” is used without any reference to the “program terms” or the “online services terms,” it is meant to encompass both sets of terms. All definitions used in the online services terms apply to these program terms.

You understand and acknowledge that you have already agreed to the online services terms when you registered and logged into your online services account. Although the program terms are intended to supplement and not to change the online services terms, in the event of a conflict between the program terms and online services terms that relates to the program itself, the program terms will control. In the event of any other conflict between the program terms and the online services terms, the online services terms will control.

Important: You understand and acknowledge that Don Pedro’s Mexican Restaurant Rewards is subject to the arbitration agreement, jury and class action waivers, limitations on Don Pedro’s Mexican Restaurant liability, as set forth in Section 9, above, and other provisions that affect your legal rights regarding the online services, including the program as part of the online services. Please carefully read and understand these terms.

Eligibility and enrollment.

Don Pedro’s Mexican Restaurant Rewards is only open to you if you meet the age requirements for the online services. In order to join Don Pedro’s Mexican Restaurant Rewards, you must register an online services account. When you use the online services outside of the geographical area of the program, neither the program nor any points you accumulated in the program will be available to you.

How to earn points.

Once enrolled in the program, when you identify your online services account at the time of purchase, you will earn 100 points for every $1 U.S. dollar spent on qualifying purchases. You can identify your online services account at the time of purchase by any way that we recognize, such as: (a) making a purchase using the Mobile Order & Pay feature of the mobile app, (b) scanning a QR code at a register or kiosk, or (c) giving the code displayed in your account to the restaurant crew person who is taking your order.

If you don’t properly identify your online services account before you complete your qualifying purchase, a manual adjustment can be made to add the points to your account for up to seven (7) days from the actual purchase date. As long as you ordered at a restaurant that participates in Don Pedro’s Mexican Restaurant Rewards, you can use your receipt from the restaurant to get missing points in the Don Pedro’s Mexican Restaurant app.

Qualifying purchases.

A “qualifying purchase” means using the online services to purchase eligible products from a participating restaurant in a manner that properly identifies you as described above. Qualifying purchases where an active reward, mobile offer, or promotional offer is redeemed will accrue points, but you will only accrue points for U.S. dollars actually spent in the transaction. Further, the following are not considered qualifying purchases and will not accrue points: (a) taxes, bag and bottle fees, and other surcharges or fees, and (b) loading any money on a Don Pedro’s Mexican Restaurant Arch card (gift card), but when a Don Pedro’s Mexican Restaurant Arch card is used to make a qualifying purchase, you will accrue points.

Verifying your points balance.

You can check your points balance in your online services account using the Don Pedro’s Mexican Restaurant app. Points that you earn may not always immediately post to your account. You are responsible to ensure points from your qualifying purchases are correct. If you believe points from your qualifying purchase were incorrectly calculated, you must notify Don Pedro’s Mexican Restaurant within six (6) months of the qualifying purchase by providing your receipt to Don Pedro’s Mexican Restaurant Customer Care. Don Pedro’s Mexican Restaurant has the sole discretion to determine points in your account and Don Pedro’s Mexican Restaurant has no liability for any delay or failure to correctly credit points to your account.

Exchanging your points for rewards that you choose.

You can exchange your points for rewards for free products on the Rewards Menu (each a “reward”), which you can then use at participating restaurants. You must use the Don Pedro’s Mexican Restaurant app or other online services in order to exchange your points for rewards. If you have enough points for a reward, the reward will be unlocked in the online services and be available for a points exchange. Potential rewards for which you don’t have enough points may be displayed but locked. Once you select a reward and exchange your points for it, the number of points for that reward will be temporarily deducted from your account and the reward will be displayed in your account. The reward will temporarily remain in your account until you redeem it for a product, and if you do not, it will be converted back to points. When you redeem the reward for which you exchanged points, the points will be permanently deducted from your account and will not be refunded to your account for any reason, even if your order is cancelled. You cannot exchange points for more than one reward at a time. When you redeem your reward for a product, you are obtaining that product directly from the participating restaurant, not from other Members of the Don Pedro’s Mexican Restaurant System.

Other ways to earn and redeem.

From time to time, Don Pedro’s Mexican Restaurant may offer new and different ways for you to earn and redeem points, including bonus campaigns or points accelerators. Don Pedro’s Mexican Restaurant has the sole discretion to offer, change and terminate the different ways to earn and redeem points, including for example, the points associated with bonus campaigns and accelerators. Sometimes earning and redeeming points may be subject to additional terms disclosed at the time of the offer.

Rewards Menu.

Don Pedro’s Mexican Restaurant publishes eligible rewards in the online services and identifies how many points are required for each reward. The Rewards Menu may have multiple reward levels and multiple rewards on each level, which can change from time to time.  Don Pedro’s Mexican Restaurant makes no promise of the continued availability of any reward, even if it is displayed to you in the online services.  Rewards are available until supplies last at participating restaurants and may be modified, changed and discontinued at any time.

Point expiration.

Points expire on the first (1st) day of the month after the sixth (6th) month from the date such points were earned. Points will be maintained in your online services account until you exchange your points for a reward, or until they expire, whichever occurs first.  If Don Pedro’s Mexican Restaurant terminates the program, any unused points in your account will expire and be void when the program is terminated. Upon termination of your online services account for any reason (including, but not limited to, whether you choose to close your account or Don Pedro’s Mexican Restaurant terminates your account for a violation of these terms), all points that you have accumulated in Don Pedro’s Mexican Restaurant Rewards will immediately expire. By opting out of the Don Pedro’s Mexican Restaurant Rewards program, all points and rewards you have earned until now will no longer be available.

Your compliance with the terms.

Don Pedro’s Mexican Restaurant has the discretion to invalidate or void points from your online services account, or to suspend or terminate your account (both now and in the future), if Don Pedro’s Mexican Restaurant believes you improperly obtained points, abused the program or otherwise violated these terms. In that event, you forfeit any points you have accumulated (including properly obtained points) and you forfeit your right to earn points in the future. Don Pedro’s Mexican Restaurant has the sole discretion to determine your compliance with these terms. Don Pedro’s Mexican Restaurant determination is final.

No rights in points.

Points are not property and you have no vested right or interest in points. Points have no cash value. Points are not assignable or transferrable between online services accounts or otherwise, and points cannot be combined across accounts, regardless of who registered the account.

Changes to Don Pedro’s Mexican Restaurant Rewards.

Don Pedro’s Mexican Restaurant Rewards can change from time to time, so be sure to continue to refer to these terms for the latest details and news. We are also constantly improving the program and we may have exciting new offers.

Don Pedro’s Mexican Restaurant reserves the right, in its sole discretion, to cancel, change, modify or discontinue Don Pedro’s Mexican Restaurant Rewards, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, points accruing or accumulation ratio, the points redemption policy, the points expiration policy, or any other aspect of the program at any time, and such changes may affect points and rewards already in your account. We will post any changes to the program terms to the online services so that you can review the current terms at any time. Don Pedro’s Mexican Restaurant may make changes to any element of the program to correct for typographical, printing or other errors and you waive any rights relating to same.  Any changes will become effective immediately upon posting the revisions.  At all times, you are solely responsible for remaining knowledgeable about and in compliance with these terms.

Miscellaneous.

All rewards offered via the program are subject to availability. Some participating restaurants do not sell all products offered as rewards.  Images of products and packaging of rewards are examples only and may not be identical to the product or packaging you receive from a participating restaurant.

Don Pedro’s Mexican Restaurant TEXT MESSAGING PROGRAM TERMS & CONDITIONS (USA)

Last Updated: Jan 1, 2024

Important: These text messaging program terms & conditions (USA) apply only if you have opted in to a text messaging program of Don Pedro’s Mexican Restaurant USA, LLC (“Don Pedro’s Mexican Restaurant”) and may include both short message service (SMS) and multimedia message service (MMS) functionality.

When you opt in to a Don Pedro’s Mexican Restaurant text message program, you understand and agree that these Terms and Conditions for Don Pedro’s Mexican Restaurant Online Services (USA) are incorporated into, and become part of, the Don Pedro’s Mexican Restaurant Text Messaging Program Terms & Conditions (and both documents are together, the “terms”). The terms contain an arbitration agreement, jury and class action waivers, limitations on Don Pedro’s Mexican Restaurant liability and other provisions that affect your legal rights regarding Don Pedro’s Mexican Restaurant text messaging program. Please carefully read and understand these terms.

You understand and agree that Don Pedro’s Mexican Restaurant text messaging program is considered an “online service” under the terms.

1. Text Messaging Program Terms and Conditions

About the Program.

This is a standard rate text message program. By subscribing to Don Pedro’s Mexican Restaurant text messaging program, you consent to receiving text marketing messages at the mobile number you provided using automated technology from or on behalf of Don Pedro’s Mexican Restaurant (and its agencies and services providers) via the short code provided within the campaign and understand that consent is not a condition of purchasing any property, goods, or services. Don Pedro’s Mexican Restaurant Privacy Statement andWashington Privacy Notice describes how we collect, use, and share information.

Charges and Fees.

Don Pedro’s Mexican Restaurant does not charge for its text message program; however, your mobile carrier’s message and data rates may apply. Message frequency varies. To participate in Don Pedro’s Mexican Restaurant text messaging program, you must have a text messaging enabled mobile device with a current text messaging plan. Please contact your mobile carrier for information about your text messaging plan. All related charges and fees are billed by and payable to your mobile service provider. Your mobile carrier may impose message or charge limitations on your account that are outside our control.

Franchisee text marketing programs.

Many of our restaurants are owned and operated by franchisees. These terms do not apply to any of our franchisees’ text marketing programs. If you are receiving text messages from a Don Pedro’s Mexican Restaurant franchisee, you will need to opt out from them directly. Each franchisee is solely and independently responsible for its legal and regulatory compliance.

2. How to Use the Text Messaging Service

For Help.

If you need assistance, send HELP to the Don Pedro’s Mexican Restaurant number you opted in to at any time to receive program contact information.

How to Opt-In.

To opt into Don Pedro’s Mexican Restaurant text messaging program, you can text the number and keyword(s) provided to begin your subscription. From time to time, Don Pedro’s Mexican Restaurant may also provide other numbers and/or keyword(s) to opt in to additional campaigns.

How to Opt-Out.

To stop receiving text messages from Don Pedro’s Mexican Restaurant text STOP to the Don Pedro’s Mexican Restaurant number you opted in to opt out of Don Pedro’s Mexican Restaurant text messaging program. You can also opt out by contacting us at the phone number or email address below. Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving text messages, you may still receive marketing email messages if you’ve opted in to receiving them. Please note that if you are receiving text messages from a Don Pedro’s Mexican Restaurant franchisee, then you will need to opt out from them directly.

What Keywords You Can Use.

At any time during the campaign, you can text the following to us: HELP, or STOP, . From time to time, Don Pedro’s Mexican Restaurant may also provide other keyword(s).

3. Contact Us

If you have additional questions or comments, please contact us, call us at (360) 562-1667, or email us at contact@donpedroslongview.com.

Don Pedro’s DELIVERY PROGRAM TERMS (USA)

Effective: Jan 1, 2024

In certain geographical areas, you can place a delivery order via the Don Pedro’s Mexican Restaurant mobile app (“delivery” or “delivery program”). If you are within those geographical areas, the delivery option may be displayed to you. You understand and agree the delivery program is considered part of the “online services” under the Terms and Conditions for Don Pedro’s Mexican Restaurant Online Services (USA) (the “online services terms”).

These Don Pedro’s Mexican Restaurant delivery program Terms (USA) (the “delivery program terms”) apply only if you participate in the delivery program. The delivery program terms are intended to supplement (not change) the online services terms.

Important: You understand and acknowledge that the terms contain an arbitration agreement, jury and class action waivers, limitations on Don Pedro’s Mexican Restaurant liability and other provisions that affect your legal rights regarding delivery program. Please carefully read and understand these terms.

Placing orders for delivery

This section applies to any delivery orders you place in the delivery program. Please read this section before you place any delivery orders. Please note that delivery may not be available in all geographic areas or through all online services that Don Pedro’s Mexican Restaurant provides. Please refer to the Don Pedro’s Mexican Restaurant Delivery Program FAQs for more information on placing orders for delivery.

The purpose of the delivery program is to provide customers with a convenient way to place an order for products through the Don Pedro’s Mexican Restaurant mobile app for delivery. To participate in the delivery program, you will need to enter your address, name, and phone number, and Don Pedro’s Mexican Restaurant will share the information you enter with the third-party delivery provider assigned to your order, and such information will be subject to Don Pedro’s Mexican Restaurant Privacy Statement and/or the third-party delivery provider’s privacy policy, if applicable. You will not be able to choose the restaurant or the third-party delivery provider, as each will be pre-determined for you based on a number of different factors, including the delivery address.

Eligibility and Enrollment

You must register an online services account in order to use delivery. Before you submit an order for delivery, you must register a credit card or debit card (either one, a “payment card”) to be associated with your online services account, or use another payment method that Don Pedro’s Mexican Restaurant supports to use with your orders.

Registering your payment method

For payment cards that you register to use with the online services, Don Pedro’s Mexican Restaurant and the restaurants use third party payment services providers to securely store your payment card information and process your payments to restaurants and third-party delivery providers. You understand and agree that, when you register a payment card, Don Pedro’s Mexican Restaurant or its third-party payment services providers may verify that the payment card you registered is valid, including by authorizing a low-value temporary charge. You also understand and agree that when you use the delivery program to make a purchase from a restaurant, that restaurant will be the merchant of record. You do not make your purchase until you select ‘Place Order’, and your payment method will be charged upon selecting ‘Place Order’. You represent and warrant that you are of sufficient age and have all legal rights to use all payment methods you register. When you select ‘Place Order’ you authorize the restaurant to process your order total, which includes other applicable fees. The restaurant’s payment service provider will process your order total amount (and if updated with a tip, your updated order total amount) to the payment method you selected when you built your order. You own the products after they have been delivered to you by the third-party delivery provider.

Third party delivery provider responsibilities

Don Pedro’s Mexican Restaurant and the restaurants use third-party delivery providers for the delivery program. You acknowledge and agree that the third-party delivery provider is responsible for collecting the delivery order, providing the delivery services, and providing customer support for delivery orders, refunds, and complaints.

About the prices for delivery

Each restaurant independently determines its own prices and independently applies any additional taxes and fees as required by law. Prices for items for delivery orders may be higher than the prices for the same items for pick up. Certain offers and pricing may not be available for all orders at all locations. Item prices may be different if you switch restaurants or change how you’re getting your order. Updated order totals can result from the unavailability of certain products, changes in price, or other reasons. Delivery orders are subject to a delivery fee, service fee (calculated from pre-discounted subtotal), small order fee, and sales tax.

Cancelling your order, refunds and your consumer rights

You have the ability to update or abandon your order at any time prior to selecting ‘Place Order’. If you would like to attempt to cancel your order after placing your order or you would like to seek a refund for any reason, or if you have any other questions about your order, please connect with the third-party delivery provider’s customer support service using the link at the bottom of the app screen. You can also access our Don Pedro’s Mexican Restaurant Delivery Program FAQs. Your legal rights in this respect are not affected by anything in these terms.

Earning and redeeming Don Pedro’s Mexican Restaurant Rewards on delivery orders

You can earn points and redeem rewards on eligible delivery orders if you join the Don Pedro’s Mexican Restaurant Rewards program. The following are not considered qualifying purchases for delivery orders and will not accrue points: sales tax, delivery fee, service fee, small order fee, and delivery tip. If you cancel your order before a driver is assigned, you will not earn any points and any rewards redeemed will be returned as an active reward.