Terms of Use

Last Updated/Effective Date: July 23, 2025

 

UNDER THESE TERMS OF USE, YOU ARE AGREEING TO BINDING ARBITRATION AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

  1. Overview
    • This Terms of Use (“Terms”) is a legal agreement between you and Tres Griegos, LLC (collectively, “Company” “us,” “our,” and “we”) governing your access to and use of the website https://cantinajacks.com (collectively, “Site” or “Sites”). By accessing and using the Site, you agree to be bound by and comply with these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Site.

By Accessing and Using the Site, You Agree to be Bound by these Terms.

  • We may update these Terms from time to time. All changes will be effective immediately upon posting to the Site. We will notify you of any material changes to these Terms either by posting on the Site or otherwise communicating them to you. By using the Site after changes are posted, you agree to those changes.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AS WELL AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US.

1.3 The Site and our services are controlled, operated and administered by the Company from our offices within the United States. If you access the Site or services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

  1. Content and Use Rights.
    • The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of the Company or, as applicable, its vendors or its licensors. Except for the rights expressly granted to you in the next section, Company reserves all other rights in and to the Site and Content, including all intellectual property rights.
    • You may only use the Site or Content for your personal, non-exclusive use so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you (if any). You may only use the Site and Content for their intended purposes for which they are made available to you by the Company.
    • You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.
    • You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.
  2. Privacy Policy

Information that you provide to us or that we collect about you through your access to and use of the Site is subject to our Privacy Policy. We encourage you to read our Privacy Policy.

  1. Electronic Communications and Agreement to be Contacted

Sending emails to the Company constitutes electronic communications. By sending emails to the Company you consent to receive electronic communications. Your consent to receive electronic communications is completely voluntary. You may opt out at any time. To opt out of receiving electronic communications info@ilovecantinajacks.com.

  1. Intellectual Property

You acknowledge and agree that the Site and its Content constitute valuable intellectual property and proprietary information of the Company or its licensors and content providers that is protected by applicable laws of the United States and that you acquire no ownership interest by accessing or using the Site or the Content. Company owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by the Company. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.

  1. Termination of Access
    • Company reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason including, but not limited to, the breach of any agreement between you and Company including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
    • Upon termination: (a) all rights granted to you under these Terms will cease; (b) you must cease all activities authorized by these Terms; and (c) you must delete any copies of Site materials in your possession. After terminating your access, Company will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
  2. User Conduct
    • In connection with your access and use of the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, you may not cause or permit any person to do any of the following: (a) use the Site or Content for any unlawful purpose; (b) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud, or falsify information in connection with your use of the Site; (d) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site; (e) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind; (f) use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others, including any third party's intellectual property rights; and (g) use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
  3. Third-Party Websites; Linking to the Site
    • The Site may link to, or be linked to, other websites which are not maintained or controlled by the Company. We are not responsible for examining or evaluating the content or accuracy of such third-party websites, and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to third-party websites does not imply endorsement by Company of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to third-party websites may be different from those applicable to our Site. If you decide to access any third-party website through a link within our Site, you do so entirely at your own risk, and Company will have no liability for any loss or damage arising from your access or use of any third-party website. Since Company is not responsible for the availability of these websites or their contents, you should direct any concerns regarding a third-party website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any third-party website; or (b) any linked website is authorized to use any of our trademarks, trade names, logos, or copyrights.
    • Images of the Company logo can only be used to link to the Site; any other use of the Company logo can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that the Company approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
    • We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the Company logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and cease using the Company logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.
  4. Disclaimer

THE SITE AND THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, THE COMPANY AND ITS CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (C) THE CONTENT OR ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (D) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (E) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

  1. Limitation of Liability
    • In no event will the Company, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Representatives”), be liable to you or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
    • Under no circumstances will the Company or our Representatives be liable to you or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of the Company and the Representatives will be limited in accordance with these Terms to the extent permitted by law.
    • Without limiting any of the foregoing, if the Company or any of its Representatives is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not, in any calendar year, exceed the greater of the amount you paid for use of the Site or $100.
  2. Indemnification

You agree to defend, indemnify, and hold harmless the Company, and our officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) content, feedback, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and Company; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number, if applicable. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.

  1. Binding Arbitration; Class Action Waiver

This section applies to any dispute, action, or other controversy between you and Company arising out of or in connection with these Terms (including, without limitation, our Privacy Policy) and/or your use of the Site, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.

  • In the event of a dispute, you or the Company must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to 40 Crescent Drive, Suite C, Pleasant Hill, California 94523. Company will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Company will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Company may commence arbitration.
  • If you and Company do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by individual confidential binding arbitration governed by the Federal Arbitration Act (“FAA”). Class arbitrations are not permitted. You are giving up the right to litigate disputes in court before a judge or jury (or participate in court as a party or class member). Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. You will have a reasonable opportunity to participate in the process of choosing an arbitrator. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
  • Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another, except as provided in Section 14.5 below.
  • Any arbitration will be conducted by JAMS under its comprehensive arbitration rules and procedures. If you are a consumer (as defined by JAMS), the JAMS Consumer Arbitration Minimum Standards will also apply which include the right to an in-person hearing. If you are represented by counsel and/or a law firm who alone, or acting in coordination with other counsel/law firm(s), represent a total of five (5) or more claimants seeking to assert similar demands against the Company or Related Parties (as defined by JAMS rules), JAMS Mass Arbitration Procedures and Guidelines shall apply. You agree to commence arbitration only in Contra Costa County, California. The arbitrator is authorized to award all relief, and only that relief, available under California law as provided in Section 13.2, subject to these Terms. Any exchange of information will adhere to the JAMS rules. The arbitrator’s award will consist of a written statement providing for the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. For more information, review the JAMS website. You or the Company may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect its rights or property pending the completion of arbitration.
  • These Terms govern to the extent they conflict with JAMS Comprehensive Arbitration Rules and Procedures.
  1. Miscellaneous
    • These Terms constitute the entire agreement with respect to your access to and use of the Site and the Content.
    • These Terms will be construed and enforced in accordance with the laws of the State of California, without giving effect to their principles of conflicts of law. By using the Site, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
    • Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
    • Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability, indemnification, or dispute resolution) will continue in effect beyond any such termination of access to this Site and/or your relationship with us.
    • These Terms do not confer any rights, remedies, or benefits upon any person other than you.
    • We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
    • Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
    • If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
    • Possible evidence of use of the Site for illegal purposes may be provided to law enforcement authorities.
    • Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.
    • You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or your use of the Site. Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use.
  2. Contact Us

Please direct any questions and concerns regarding these Terms at:
Tres Griegos, LLC
d/b/a Cantina Jack’s, by Tres Griegos
40 Crescent Drive, Suite C
Pleasant Hill, California 94523
info@cantinajacks.com