TERMS & CONDITIONS
NUNEZ, INC. TERMS AND CONDITIONS
Legal Notice: Terms and Conditions of Use
Please Read These Terms and Conditions of Use Carefully Before Downloading, Accessing, or Using any of Cancun Grill Online Services
Your use of the Cancun Grill Online Services is at your risk. If you are dissatisfied with the Cancun Grill Online Services in any way, its programs, offers, contents, features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the Cancun Grill Online Services.
Modifications to These Terms and Conditions of Use. We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the Cancun Grill Online Services, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms and Conditions of Use. Your continued access to or use of the Cancun Grill Online Services and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.
Use of Cancun Grill Online Services. The Cancun Grill Online Services and all content, information, and other materials featured, displayed, contained, and available on the Cancun Grill Online Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, “Materials”) are owned by or licensed to Cancun Grill and its Affiliates and are protected by copyright, trademark, trade dress, patent, common law and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Cancun Grill Online Services for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Cancun Grill Online Services or its Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
You agree to abide by all additional terms, conditions, and restrictions included within the Cancun Grill Online Services, the Materials, and/or the programs, features, and services.
Cancun Grill may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any Cancun Grill Online Service, or any portion thereof; (2) change, revise, or modify the Cancun Grill Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the Cancun Grill Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the Cancun Grill Online Services, in whole or in part ; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.
User Conduct. You agree to use the Cancun Grill Online Services, the Materials, and the programs, features and services in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree not to:
- modify, adapt, translate, or reverse engineer any portion of the Cancun Grill Online Services or the Materials;
- use the Cancun Grill Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- use the Cancun Grill Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
- frame or mirror any portion or feature of the Cancun Grill Online Services;
- use the Cancun Grill Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Cancun Grill Online Services or the Materials; (2) reproduce or circumvent the navigational structure or presentation of the Cancun Grill Online Services or the Materials; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Cancun Grill Online Services;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Cancun Grill Online Services or with any other person’s use or enjoyment of the Cancun Grill Online Services;
- transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
- circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Cancun Grill;
- forge headers or otherwise manipulate identifiers;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
- submit or post any false or misleading information; and/or
violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Cancun Grill, its Affiliates, or any other person or entity.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Cancun Grill Online Services, the Materials, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.
We may, but shall not be obligated to, in our sole discretion, post any Submission on the Cancun Grill Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
Cancun Grill App. In order to use Cancun Grill Online Services made available through the Cancun Grill Mobile Application (“the App”) you must have a compatible mobile device; Cancun Grill does not warrant that the App will be compatible with your mobile device.
The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the App.
Cancun Grill Digital Gift Card. The Cancun Grill Mobile App (the “App”) allows you to load funds onto a Cancun Grill Digital Gift Card for use at participating Cancun Grill locations. The dollar value that you load onto your Cancun Grill Digital Gift Card with the Cancun Grill app is a prepayment redeemable solely for the goods and services of participating restaurants. We offer the Cancun Grill Digital Gift Card to make it more convenient for you to eat with us. We have no liability for any temporary inability to access funds loaded to a Cancun Grill Gift Card for any reason, including but not limited to connectivity failures, problems with your mobile phone or other device, temporary issues with our service providers, or any other reason.
You should treat your digital gift card and any Cancun Grill gift card as cash and not disclose your Cancun Grill card information or account information to anyone. If your Cancun Grill card or Cancun Grill card information is lost or stolen, anyone who obtains possession of either may use your card. You are responsible for all transactions on your Cancun Grill card, including unauthorized transactions. Cancun Grill will only give refunds for the unused balance on a Digital Gift Card with the original receipt. For a refund or any questions regarding your Cancun Grill digital gift card email us at: OnlineTeam@CancunGrill.com
The Cancun Grill Rewards program allows you to earn and/or receive rewards (program rewards, including Catering Rewards Dollars, are individually or collectively referred to as “Reward(s)” or “Offer(s)”)
Eligibility. Cancun Grill Rewards are limited to persons residing in the United States who are eligible to use the Cancun Grill Online Services and who download the Cancun Grill Mobile App (the “App”) and sign-up for a Cancun Grill account. You must be at least 18 years of age to redeem Offers in the Cancun Grill Rewards program. Some activities and/or offers may only be available to those who are at least 21 years of age. Cancun Grill Rewards accounts are limited to one individual per account. Offers are valid only at participating Cancun Grill restaurants. To sign up for a Cancun Grill Rewards account, download the App to your AndroidTM or iPhone® device and follow the prompts to sign-up and/or sign-in and/or Register in the App. You can also sign up by following the prompts at www.CancunGrill.com and by creating an online account in the rewards section. You will be required to provide the requested information, including, but not limited to, user name, password, name, e-mail address and age. Cancun Grill may periodically request additional information to help us get to know you better. You agree to provide true and accurate information and to ensure that information provided by you is up-to-date and accurate. Communications with you will be made using contact information most recently provided by you. Cancun Grill is not responsible for your inability to receive or redeem Offers or other loss arising from your failure to provide and maintain accurate contact information.
Cancun Grill and participating Cancun Grill restaurants may send messages from time to time using the contact information provided by you. Such messages may include system updates, flash bulletins, offer confirmations, administrative announcements, special requests and the like and may be sent via notifications in the App, via e-mail, regular mail, or communicated to you on a receipt or display at the time of use of your Rewards account.
Your participation in any Offer is personal and non-transferable. Offer status and/or individual Offer may not be purchased, sold, bartered, brokered or otherwise transferred. There are no membership fees associated with Cancun Grill Rewards Offers. Offers made via Cancun Grill Rewards are purely promotional offers. You agree that no portion of your payment for purchases qualifying for any Offer constitutes consideration paid for any Offer.
Offers. The Cancun Grill Rewards Offers are issued on a periodic basis. They are referred to as ‘rewards’ or ‘offers’ in the App but may appear with different descriptions from time to time. Upon signing up, you will receive notice via the Cancun Grill Rewards account of your current Offer. Once you activate a Cancun Grill Rewards account, you progress towards an Offer and are eligible to receive special offers, from time to time. The number, type and frequency of Offers are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume and type of purchases at participating Cancun Grill restaurants, number of visits and frequency of visits to participating Cancun Grill restaurants, interaction with other Cancun Grill applications or promotions; or special offers made directly by Cancun Grill Operators or Cancun Grill which may include ways to progress toward your next Offer via a special promotion. For Offers that are based on purchases, the following types of purchases at a participating Cancun Grill restaurant qualify: (1) placing and completing a Mobile order for a qualifying purchase through the App; (2) using your Cancun Grill Rewards Digital Gift Card to complete a purchase or transaction at a participating Cancun Grill restaurant; (3) logging into your Cancun Grill Rewards account online and making an online purchase at a participating Cancun Grill restaurant; and (4) or completing a transaction at a participating Cancun Grill restaurant and scanning the digital code linking to your Cancun Grill Rewards account at checkout.
Cancun Grill Rewards customers may earn catering specific purchase-based Rewards (“Catering Rewards Dollars”). For every $500 you spend in qualifying Cancun Grill catering purchases using a registered Cancun Grill Rewards Account, you will receive Catering Rewards Dollars in two (2) increments of $10.00 each. A qualifying purchase constitutes a catering order that you place in-store or via Cancun Grill catering online ordering website, with respect to orders fulfilled by participating Cancun Grill locations.
You must use the App or if placing an online order, be signed in to your Cancun Grill Rewards account, to complete the qualifying purchase or activity in order for that purchase or activity to count towards your progress to the next qualifying Offer. Benefits applied from any single qualifying purchase or activity may only be credited to one (1) Cancun Grill Rewards account. The qualifying purchase or activity will be applied to your Cancun Grill Rewards account after completion of the qualifying purchase or activity. In certain cases, it may take twenty-four (24) hours or more to be credited. Cancun Grill shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your Cancun Grill Rewards account.
Offers are purely promotional offers and may have certain restrictions including expiration dates and short, time-limited redemption periods. For free drink or food Offers, some restrictions apply and items are subject to availability at participating Cancun Grill restaurants. All Offers must be redeemed prior to the stated expiration date for the Offer and in compliance with any other conditions associated with the particular Offer to be valid. It is your responsibility to check your Cancun Grill Rewards account periodically for Offers and use the Offers prior to the stated expiration date.
Activities which allow progress towards Offers do not count towards and may not be combined with other programs. Activities tied to specific Offers must be fully completed and will only result in one Offer, regardless of the number of times the activity is performed. Cancun Grill reserves the right to change, modify or update these Offers and the qualifying purchases and activities to progress to an Offer from time to time without notice. Certain purchases and transactions do not qualify, including, without limitation: (i) purchases of Cancun Grill gift cards or gift certificates; (ii) purchases or transactions made using an Offer or other promotional item (such as a Complimentary Meal Card); or (iii) catering purchases made as a guest (e.g. made while not signed in to your Cancun Grill Rewards account), whether made in-store, online or through the App. Cancun Grill is under no obligation to provide you with any particular number of Offer opportunities or special offers. Cancun Grill reserves the right to limit enrollment at any time.
Special Offers: Cancun Grill and participating Cancun Grill restaurants, in their sole and absolute discretion, may periodically offer the opportunity for additional Offers on particular transactions or special offers (“Special Offers”). Special Offers may also be distributed to you via the App or via e-mail or mail from time to time (based on the information you have in your Cancun Grill Rewards account). Special Offers may include periodic promotional offers on food, beverages and merchandise. You must have your App set to receive notifications and/or have opted-in to receive email communications in order to receive promotional and marketing offers. Special Offers may be customized based on your qualifying purchases and preferences. In certain events, Special Offers may require that you have location settings enabled for them to be distributed to your App. Please note that Cancun Grill and participating Cancun Grill restaurants may be unable to send these Special Offers to you if you have turned off your notifications or location settings in the App; if you have elected not to receive email communications from Cancun Grill; or if you have poor network connectivity. Special Offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Special Offers are personal to you and cannot be shared, copied or transferred. You may be required to present your Cancun Grill Rewards account information at the participating Cancun Grill restaurant in order to redeem Special Offers. Read each offer carefully for specific details, conditions, limitations and restrictions.
Redeeming Offers. To redeem an Offer, you must present the valid Offer in the App or your Cancun Grill rewards account at a participating Cancun Grill restaurant (for in-person transactions) or be logged into your Cancun Grill Rewards account (for in App or online transactions). Offers are subject to availability and limitations as may be imposed by Cancun Grill. Determinations regarding redemption of Offers are subject to the discretion of the participating Cancun Grill restaurant. Generally, only one Reward may be redeemed per transaction. Multiple Rewards may be redeemed within a single transaction in limited purchasing channels (for example, redeeming Catering Rewards Dollars and placing a catering order online). Rewards (excluding Catering Rewards Dollars) may not be redeemed in connection with catering orders. Catering Rewards Dollars can be redeemed for Cancun Grill Catering or other in-store or online purchases, subject to other limitations. Rewards (including Catering Rewards Dollars) may not be redeemed for gift card purchases. Rewards may not be redeemed for purchases of alcoholic beverages.
Once redeemed, the Offer will be indicated as redeemed in your Cancun Grill Rewards account. Updates to the status of Offers may take 24-48 hours or more to show up in your account. A list of current Offers is available under your Cancun Grill Rewards account. Offers have no cash value and are not redeemable for cash, gift certificates or gift cards. Offers are promotional and do not constitute property of any Cancun Grill Rewards account holder. Cancun Grill reserves the right to limit the redemption of specific Offers and limit the number of Offers available. Cancun Grill reserves the right to modify the number of qualifying purchases or transactions needed to receive specific Offers.
Cancellation and/or Termination. You may opt-out of Cancun Grill Rewards Offers at any time, for any reason by cancelling your Cancun Grill Rewards account by contacting Nunez Rewards Team at: OnlineTeam@CancunGrill.com and putting ‘Terminate’ in the subject line. If you cancel your Cancun Grill Rewards account, any unredeemed Offers and/or progress towards other Offers will automatically expire and will no longer be available for redemption. If you re-enroll at any time, you will start at the introductory Offers level as applicable.
Upon cancellation, your Cancun Grill Rewards account shall immediately cease and you may no longer receive Offers, redeem Offers previously received, receive Cancun Grill Rewards benefits, or make purchases using remaining balances on Digital Gift Card funds accessible via your Cancun Grill Rewards account. Cancun Grill has no obligation to compensate you for any unredeemed Offers or benefits following cancellation, or for unused balances on Digital Gift Cards accessible via your Cancun Grill Rewards account. Cancun Grill may not refund any unused balances on Digital Gift Card funds accessible through your Cancun Grill Rewards account (including via credit back to a credit card from which such funds may have been loaded to the Digital Gift Card), unless required by law. Upon request Cancun Grill will refund unused gift card balances with the original receipt or Cancun Grill will upon request at the time of cancellation of your Cancun Grill Rewards account transfer any unredeemed Digital Gift Card balances accessible through your Cancun Grill Rewards account to a physical Cancun Grill gift card that you may use to make future purchases or gift to a person of your choosing. Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation.
Cancun Grill reserves the right to suspend or terminate, at Cancun Grill sole and absolute discretion, any Cancun Grill Rewards account if Cancun Grill believes that the account holder has abused Cancun Grill Rewards privileges, has violated or acted inconsistently with these Cancun Grill Rewards Terms and Conditions or applicable law or acted in a manner harmful to our interests. Cancun Grill further reserves the right to terminate a Cancun Grill Rewards account that has been inactive for a period of three (3) years or more. You understand and agree that termination by Cancun Grill of a Cancun Grill Rewards account will result in in the cancellation of all Offers associated with that account and the inability to earn and/or redeem further Offers, as well as inability to access or use any remaining balances on Digital Gift Cards accessible via your Cancun Grill Rewards account. Upon termination of your Cancun Grill Rewards account, Cancun Grill will not refund any unused balances on Digital Gift Card funds accessible through your Cancun Grill Rewards account (including via credit back to a credit card from which such funds may have been loaded to the Digital Gift Card), unless required by law. Cancun Grill will upon request at the time of termination of your Cancun Grill Rewards account transfer any unredeemed Digital Gift Card balances accessible through your Cancun Grill Rewards account to a physical Cancun Grill gift card that you may use to make future purchases or gift to a person of your choosing.
Cancun Grill reserves the right to terminate Cancun Grill Rewards Program Offers, or any or all benefits under Cancun Grill Rewards Offers, at any time, for any reason. In the event Cancun Grill elects to terminate Cancun Grill Rewards Offers, Cancun Grill will provide a notice of termination in accordance with these Terms, as they may be modified or amended from time to time. In the event of such termination, at Cancun Grill election, Cancun Grill may allow you to redeem any outstanding valid and unexpired Offers at a participating Cancun Grill restaurant until expiration of such Offers. ANY UNREDEEMED AND UNEXPIRED OFFERS SHALL BE CANCELLED AT THE LATER OF (1) THE EXPIRATION OF THE THEN-CURRENT OFFERS OR (2) NINETY (90) DAYS AFTER CANCUN GRILL REWARDS OFFERS PROGRAM TERMINATION.
General Restrictions. Cancun Grill shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Rewards Offers Terms and Conditions and any decision it makes relating to termination or disabling of Cancun Grill Rewards your Cancun Grill Rewards account or of the overall Cancun Grill Rewards Offers Program (including, but not limited to, cancellation of specific Offers) shall be final and binding. Should you object to any of these One Offers Terms and Conditions, or any subsequent modifications thereto, or become dissatisfied with Cancun Grill Rewards Offers, your sole remedy is to discontinue participation in Cancun Grill Rewards Offers programs and properly cancel your account in the manner provided above.
Copyright Infringement Notification. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Materials available on the Cancun Grill Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on the Cancun Grill Online Services, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable Cancun Grill Online Service and a description of where the Material that you claim is infringing is located within such Cancun Grill Online Service; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement.
Notices and counter-notices should be sent to:
805 S. Hastings Way
Eua Claire, WI 54701
Attn: Cancun Grill Online Services
DMCA details are available at http://www.copyright.gov/onlinesp/.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.
Login and Registration. Certain programs, offers, features, or services offered on or through the Cancun Grill Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Cancun Grill immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Cancun Grill or any other Cancun Grill Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission. Cancun Grill shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Mobile Apps. In order to use Cancun Grill Online Services made available through a mobile application (“Mobile App”) you must have a compatible mobile device; Cancun Grill does not warrant that the Mobile App will be compatible with your mobile device.
The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.
Links To Third Party Sites and Social Media Pages.
The Cancun Grill Online Services may contain links to other third-party websites, including third party online ordering companies, our third-party rewards program provider, and social media platforms, such as Facebook, Twitter, or Foursquare (all links to third-party websites and social media platforms are collectively referred to herein as “Linked Sites”). Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Cancun Grill and its Affiliates have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from a Linked Site, your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.
Trademark Information and Ownership of Intellectual Property
Nunez is owned by Nunez, Inc. (“Cancun Grill Properties”) in the United States and other countries. Cancun Grill is a licensee of Cancun Grill Properties. The absence of a trademark notice or legend indicating the registration or ownership by Cancun Grill Properties anywhere in the text of the Cancun Grill Online Services does not constitute a waiver of Cancun Grill Properties’ trademark or other intellectual property rights or common law ownership concerning that logo or service mark used or referenced on the Cancun Grill Online Services.
The Cancun Grill Online Services, the Materials, logos, service marks, and all other source identifying indicia displayed on the Cancun Grill Online Services (collectively, the “Cancun Grill Intellectual Property”) are owned by or licensed to Nunez, Inc., Cancun Grill, or others with all rights reserved unless otherwise noted. We do not permit third parties to use Cancun Grill Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.
Nothing contained on the Cancun Grill Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Cancun Grill Intellectual Property without our prior express written permission. You are strictly prohibited from using any Cancun Grill Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that Nunez, Inc. and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
When you visit the Cancun Grill Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Cancun Grill Online Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.
No Warranties. Cancun Grill makes no representations or warranties regarding the Cancun Grill Online Services and the Materials.
WE DO NO WARRANT THAT THE CANCUN GRILL ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE CANCUN GRILL ONLINE SERVICES OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CANCUN GRILL ONLINE SERVICES, OR THE RESULTS OBTAINED THERE FROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
THE CANCUN GRILL ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CANCUN GRILL ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE CANCUN GRILL ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CANCUN GRILL ONLINE SERVICES.
Limitations of Liability. IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE CANCUN GRILL ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CANCUN GRILL ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Indemnification. You agree to indemnify, defend, and hold harmless Nunez, Inc., its Affiliates, its Providers, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with the Cancun Grill Online Services, and the Materials, programs, offers, features, and services made available through the Cancun Grill Online Services.
No Agency Relationship. Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the Cancun Grill Online Services, create any partnership, joint venture, employment, or other agency relationship between Cancun Grill, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.
Violation of these Terms and Conditions of Use and Remedies. You agree that Cancun Grill may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the Cancun Grill Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Cancun Grill. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If Cancun Grill takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Cancun Grill. You agree that Cancun Grill will not be liable to you or to any third party for termination of your access to the Cancun Grill Online Services as a result of any violation of these Terms and Conditions of Use.
If you have any questions about Cancun Grill Online Services or these Terms and Conditions of Use, or to report violations of these Terms and Conditions of Use, please contact us at:
805 S. Hastings Way
Eua Claire, WI 54701
Attn: Cancun Grill Online Services
Information Collected and Covered by this Policy
As you use our websites and mobile applications or visit one of our stores, Cancun Grill and its third-party service providers collect information about you and the services you use from a variety of sources, including information you provide directly to us, and information we collect about you when you interact with us. For example, we and our third-party service providers collect information both directly and indirectly from you when you:
- order and/or purchase any of our products or services;
- contact or communicate with us;
- create an account with us;
- request information from us;
- register for any event or program, and/or participate in any event, program, contest, surveys, or other promotion that we may offer from time to time (collectively, “Promotions”);
- begin or complete the application process for a career opportunity, or for employment by Nunez, Inc.
- access or use Cancun Grill pages or accounts on any third-party social media platforms such as Facebook, Twitter, Instagram or Foursquare (“Social Media Pages”);
- use sign-in services that allow you to use third-party login credentials to access the Cancun Grill accounts or pages;
- sign-up for communications (e.g., rewards program, email club, text messages, or social media notifications) from us;
- provide or submit comments, stories, suggestions, or other content or input to us;
- interact with Cancun Grill Online Services via mobile, tablet or laptop device; and/or otherwise interact with us and Cancun Grill Online Services.
We collect and use the personal information of our customers as reasonably necessary to facilitate our interactions with you and better customize your experience and interactions with Cancun Grill. We are committed to handling your personal information in a manner that respects your privacy. This Statement, as amended from time to time, describes that commitment and the uses to which customer information may be put.
Personal Information. Some of the information collected by Cancun Grill and our third-party service providers falls under Personal Information which may be provided by you or on your behalf. This information may include your:
- telephone numbers (including mobile numbers);
- email addresses;
- date of birth and/or age;
- demographic information; and/or
- financial information (e.g., credit and debit card numbers).
- photos; and/or
- any other personal information that you share with us (e.g., via a survey or otherwise).
We do not require you to provide any information related to your racial origin, religious beliefs, or sexual orientation.
When you use the fingerprint login features on your Apple or Android devices, we do not receive your fingerprint data. Your mobile phone’s authentication mechanism helps us verify that it is you.
Transaction Data. We and our third-party service providers may also collect information, including Personal Information, relating to your purchases from Cancun Grill and Licensees, such as the authorization code of the transaction, payment method, the date and time of the transaction, items purchased, and the purchase price (“Transaction Data”).
Information Collected Automatically. We and our third-party service providers use Traffic Data, Cookies, Web Beacons, and other tracking technologies to automatically collect certain information from you when you use Cancun Grill Online Services. The following are examples of information we may collect with these technologies:
- your IP address, browser type, and operating system;
- your device attributes including but not limited to device ID and other information for probabilistic and/or deterministic fingerprinting to create device graphs;
- pages you view within Cancun Grill Online Services (including videos viewed);
- websites you visited before coming to Cancun Grill Online Services;
- emails from us that you open and/or forward; and/or offers or links from us to which you connect.
We use this information to personalize your online experience and for marketing purposes.
Traffic Data. Cancun Grill Online Services automatically track and collect your IP address, domain server, type of computer, and type of web browser (collectively, “Traffic Data”) for our marketing purposes and to manage and improve Cancun Grill Online Services.
For Microsoft Internet Explorer: http://www.microsoft.com/info/cookies.mspx;
For Mozilla Firefox: https://support.mozilla.org/en-US/products/firefox/protect-your-privacy/cookies;
For Safari: http://support.apple.com/kb/HT1677; and/or http://support.apple.com/kb/HT1677
If you choose to decline Cookies, you may not be able to fully experience the interactive features of our Cancun Grill Online Services or programs, features, and services made available through any of Cancun Grill Online Services.
Web Beacons. Certain pages on Cancun Grill Online Services and Social Media Pages may contain web beacons (also known as Internet tags, pixel tags, and clear GIFs), which are small bits of code embedded in pages or images on Cancun Grill Online Services and Social Media Pages (“Web Beacons”). We may also include Web Beacons in e-mails we send to you to learn if messages have been opened, acted on, or forwarded. You can disable the ability of Web Beacons to capture such information. Please refer to the “Help” menu of your browser to learn more about Web Beacons and your ability to disable them.
Other Technologies. We and our third-party service providers may also utilize other tracking technologies. For example, if permitted by applicable law, we may collect “referrers” and various environmental variables. A “referrer” is information the web browser passes along to our or our third-party service provider web servers, which refers to the URL from which you accessed Cancun Grill Online Services. Environmental variables may include, among other things, the domain from which you access the Internet, the time you accessed Cancun Grill Online Services or Social Media Pages, the type of web browsers and operating system or platform used, the Internet address of the website you left to visit Cancun Grill Online Services or Social Media Pages, the names of the web pages you visit, and the Internet address of the website you visit next. These environmental variables are collected by most websites. We use these technologies for marketing purposes and to optimize user’s experience with Cancun Grill Online Services.
You may encounter tracking technologies/cookies from our third-party service providers, that we have allowed on our Cancun Grill Online services. We do not control the tracking technologies used by third party providers.
We may target and track the videos you view on Cancun Grill Online Services. You consent to our tracking of your video viewing through the Cancun Grill Online Services or third-party social media for up to two years or as permitted by applicable law or until you withdraw consent.
Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on certain Cancun Grill Online Services. Google Analytics collects information such as how often you visit Cancun Grill Online Services, what pages you visit within Cancun Grill Online Services, and what other sites you visited prior to coming to the applicable Cancun Grill Online Service. We use the information provided by Google Analytics to improve Cancun Grill Online Services. For more information regarding how Google collects, uses and shares your information please visit http://www.google.com/policies/privacy/partners/. Google provides users more choice on how their data is collected by Google Analytics by developing an Opt-out Browser Add-on which can be located at: http://tools.google.com/dlpage/gaoptout?hl=en. By installing this Add-on, no information is being sent to Google Analytics.
Do Not Track Notice. At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating Do Not Track signals. Thus, Cancun Grill Online Services are unable to respond to Do Not Track Signals. We do not, however, currently track your Personal Information over time and across third-party websites.
Cancun Grill does not allow third parties to collect Personal Information about your online activities when you use Cancun Grill Online Services for such third-party use. We do use third party web analytics services on Cancun Grill Online Services, such as Google Analytics, to help us obtain and analyze information about your browsing or usage habits but this information does not include Personal Information other than your IP address.
Mobile Applications/WiFi Services. In addition to the information described above, we and our third-party service providers may collect additional information when you utilize any of our mobile applications or WiFi services including the type of mobile device you use, the temporary or persistent unique device identifiers (sometimes called UDID), the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile applications.
Location Information. Cancun Grill and our third-party service providers may collect, use, and share location data, including the real-time geographic location of your device. We use such information to provide and improve location-based products and services. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your mobile location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.
Information Use. We use your information that we collect, including Personal Information, for a variety of business purposes, including:
- providing our products and services to you;
- processing payments;
- communicating with you regarding our restaurants, products, services, events, Promotions, other offers;
- tailoring our products, services, Promotions, communications, and Cancun Grill Online Services, and advertisements to your interests;
- creating and managing your accounts with us (e.g., Cancun Grill Club, text messaging, online registration for events, online ordering, mobile payments, etc.);
- administering our Promotions and other offers;
- responding to your inquiries, comments, stories, or postings;
- improving and customizing our products, services, Promotions, and Cancun Grill Online Services;
- for internal operations such as enhancing our product and service offerings, marketing efforts, and to conduct research and analysis;
- developing new products, services, and Promotions;
- for marketing purposes; to prevent, detect, and investigate fraud, security breaches, and potentially prohibited or illegal activities.
- to protect the security and integrity of our business and Cancun Grill Online Services.
Information Sharing and Disclosure. We share and disclose your Personal Information under the following circumstances:
- with third parties that provide a variety of services on our behalf, including the development, maintenance, and support of Cancun Grill Online Services and Social Media Pages, payment processing, online and mobile application ordering, the distribution of email and mobile messages, Promotions, ad serving, marketing, and marketing research and analysis;
- with our Operators and Licensees in order to provide our products, services, and Promotions to you, and for marketing purposes;
- to comply with law, a court order, or other legal process, or in connection with a legal investigation;
- as may be necessary to protect the safety, property, or other rights of Cancun Grill, its Affiliates, and Licensees, and our and their respective employees, customers, visitors, users, or any other person or entity;
- to enforce any applicable terms and conditions and other agreements;
- in the event of a corporate transaction;
- in aggregated or other non-personally identifiable form; and/or
- in accordance with your consent.
We do not sell your Personal Information to third parties for their marketing purposes.
Collection and Use of Personal Information of Nunez, Inc. Employment Applicants
If you complete an application for employment with Nunez, Inc., or request information regarding such opportunities, we collect Personal Information that you provide in connection with your request for information and/or to evaluate your application for employment with Nunez, Inc., We may also collect Personal Information about you from third parties to supplement, update, or verify your information, and/or to process your application for consideration as a Nunez, Inc. employee. Applicable law may require that you authorize a third party to share your Personal Information with us before we can acquire it. Failure to provide any requested information may negatively impact consideration of your employment application. By applying to become an employee of Nunez, Inc. you consent to our collection, use, and disclosure of your Personal Information in this manner.
Your Choices. You can opt out of receiving promotional emails and messages by changing your preferences, updating, and or deleting your online account. You may also follow the opt out instructions in the promotional emails we send you. By downloading and using our mobile application you may receive promotional messages, offers, news and information about Cancun Grill or our partners within the mobile application and “push notifications.” These “app” messages are part of our mobile applications functionality and cannot be turned off. If you do not want to receive the “app” messages, offers, news and information, do not download our mobile application.
Please note that if you opt out of receiving promotional communications from us, we may still send you transactional communications, including emails about your accounts or purchases.
Children’s Privacy. Cancun Grill online services is not directed toward children under 18 years of age nor do we knowingly collect Information online from children under the age of 18. If you are under 18, please do not use Cancun Grill online services or submit any personally identifiable information to us. Please contact us via the Contact Information provided below if you believe we may have collected such information of someone under 18 or other than in a manner authorized by law, and we will work to delete it.
1188 Leiske Dr.
Rialto, CA 92376
Attn: Cancun Grill Online Services