Terms of use

View our terms of use below or download a PDF here. If you have any questions, please contact us.

Last Updated: 4/8/2024

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

These Terms of Use apply to this site, provided by Dos Toros (collectively, "Company," "we," "us," or "our").

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

YOUR CONTINUED USE OF THIS SITE AND PARTICIPATION IN THE REWARD PROGRAMS IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THIS SITE OR PARTICIPATE IN OUR REWARD PROGRAMS.

CONTINUED ACCESS AND USE OF ANY SITE OR PARTICIPATION IN THE REWARD PROGRAMS AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.

We are committed to making Sites accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of a Site, please contact us.

What's Contained in This Agreement

Click on the links below to jump to that section of the Agreement:

Highlights of the Agreement

This Terms of Use Agreement (the “Agreement”) is a legal agreement exclusively between you and us governing your use of our websites and other online or mobile services, properties, Reward Programs, Mobile Apps, WiFi, or applications that link to this Agreement (each a “Site,” and collectively “Sites”). By continuing to use our Sites, you agree that such use is legally sufficient consideration under this Agreement.

This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read this entire Agreement for a complete understanding of the terms you are agreeing to. The meanings of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this “Highlights” section and the terms of the full Agreement, the terms of the full Agreement control.

(a) Shopping on Our Sites

Refunds, returns, and exchanges have conditions that you should understand before purchasing.

Shipping prices vary, and correct shipping depends on you providing accurate information.

Read more about our eCommerce policies.

(b) Rewards and Loyalty Programs

This Agreement contains general terms that apply to all of our Rewards Programs, as well as terms specific to certain Rewards Programs.

Rewards Programs may be discontinued at any time and for any reason. This may affect your Rewards.

Read the Reward Program terms.

(c) WiFi

Your use of any WiFi we provide is subject to the terms of this Agreement, and by using WiFi you agree to this Agreement.

We have no obligation to provide you with WiFi.

WiFi might not be secure.

(d) Our Rights

All the Content on our Sites is protected by intellectual property rights―you may only make limited use of the Content you find on a Site, as described below.

We may block you from accessing our Sites, block or delete your User Content, or terminate your Account for any reason.

We are not liable for third-party content hosted on our Sites, external websites linked to or from our Sites, or errors regarding product information, availability or promotional offers.

Read more about our rights and control of our Sites and Content.

(e) Your Use of Our Sites

Unless otherwise indicated, you can only use our Sites and our Content for your personal use as an individual.

While on our Sites, you may not violate any laws, infringe any rights, threaten, harass, or impersonate others, or take other actions that harm us or other people or parties.

You must not attempt to bypass security protections on our Sites, introduce viruses or other harmful code, or use our Sites to attack other websites or services.

If you register for an Account on a Site, you should keep your password confidential and not allow other people to use your Account.

Read more about what you can and cannot do on our Sites.

(f) Important Things to Know

By using a Site, you consent to the terms of this Agreement. We may update this Agreement from time to time, and we will use reasonable efforts to provide you with notice of these updates if they are material.

THIS AGREEMENT CONTAINS LIMITATIONS ON OUR LIABILITY TO YOU, IMPORTANT DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION OBLIGATIONS BY YOU.

THIS AGREEMENT GOVERNS HOW DISPUTES WITH US WILL BE HANDLED, INCLUDING USING BINDING ARBITRATION WITH A CLASS ACTION WAIVER.

Your use of a Site may be governed by other terms and conditions applicable to certain features or promotions. You should also read our Privacy Policy.

This Agreement contains information about how you can contact us regarding complaints, questions or copyright infringement claims.

Read the complete Agreement below.

COMPLETE AGREEMENT

E-COMMERCE

Some of our Sites may allow you to purchase products directly on them (“eCommerce Sites”).

We reserve the right to deny a refund, and/or issue a rewards credit to your Account on the Site in place of a refund if we determine that our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.

Orders

We: (a) reserve the right to change the goods and services advertised or offered for sale through an eCommerce Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on a Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on a Site (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on an eCommerce Site is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the Site has a non-US domain), products sold on the eCommerce Sites are intended for end use in the United States and are not labeled or intended for international distribution.

Taxes: If we are legally required to collect sales tax or other fees on your orders, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

Payment Processing: We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third- party processor's terms and your information may be subject to their privacy practices.

Refunds

Some eCommerce Sites sell products for which we allow a refund, meaning all or a portion of the purchase price is returned to you without you providing the item back to us. This may be indicated on the applicable eCommerce Site or may be communicated by our customer service team. We reserve the right to only issue a refund in our sole discretion regardless of what an eCommerce Site may indicate. Refunds will not be issued for products that have not been purchased directly through the Site.

Timing: For refund-eligible products, you have 30 days from the date of shipment to contact us for a full refund of the purchase price. Following such 30-day period, no product is eligible for a refund. However, even after 30 days, we encourage you to contact us if you are unsatisfied with a product and so our customer service can improve your experience, which may include providing an exception to this refund policy.

Conditions: Your refund is subject to the following conditions:

To request a refund, you must contact our customer service department by following the instructions on the eCommerce Site. Some eCommerce Sites may also let you request a refund through your Account or through other functionality.

In your refund request, you must indicate the specific product with which you are not satisfied and include your order number (if available), order date, location, name, and contact information, as well as the reason for your refund request.

If we accept your refund request, you will receive a credit to your original form of payment. If we are unable to credit that form of payment, your refund may not be completed. We may contact you for new payment information or provide your refund in another way, such as through your Account.

Promo Codes and Discounts

Certain Sites create or advertise promo codes, discounts, coupon codes, and offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Promo codes and discounts may have specific terms and conditions for use (for example, a promo code may not be combined with other offers). All promo codes will have a designated expiration date, which will be communicated via marketing materials. The expiration date is final and will not be adjusted. Offers have no cash exchange value, are not transferable, and will not be refunded at any time. It is your responsibility to review the terms and conditions for any promo code or discount before use. Offers may not be accepted at some Dos Toros locations. All Offers have an expiration date unique to the Offer. The expiration date will appear within the Dos Toros Rewards account, in the “Rewards” screens. Dos Toros Rewards members must download the latest versions of the Dos Toros App at any time in order to see accurate details, and Dos Toros is not responsible for customers who do not download the newest version of the app and therefore do not see the expiration details. Unless otherwise specified, expiration dates are final and will not be adjusted. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.

REWARD AND LOYALTY PROGRAMS

Terms Applicable to All Reward Programs

Dos Toros offers a program where you may receive benefits in connection with certain actions taken with Dos Toros (a “Rewards Program”). If you elect to opt-in to any Rewards Programs, the terms of this “Rewards and Loyalty Programs” section apply to you, as does any terms in the section corresponding to the applicable Reward Program as well as other rules and procedures as outlined by Lunchbox, our third party loyalty provider.

By opting into or participating in a reward program, you acknowledge and agree to be bound by this Agreement and understand this is a binding legal agreement between you and Dos Toros consisting of this section, the applicable loyalty program section below, and the other terms contained in this Agreement.

As of April 8, 2024, Our Rewards Programs are:

Dos Toros Loyalty Reward: Spend $99 via Dos Toros Web or Dos Toros App, and earn $9 of Rewards Credit

Key Terms & Conditions: $9 Rewards Credit does not expire and does not cover tax, delivery fees, or tip.

Dos Toros Birthday Reward: Get a free small Chips & Dip for your birthday. This can be redeemed for any of our Chips & Dip offerings (guacamole, corn salsa, taqueria salsa, queso blanco, pico de gallo)

Key Terms & Conditions: Birthday Reward expires 30 days after earn. Providing a birthday date upon registration is optional, and if Dos Toros Rewards members do not provide their birthday, they will not receive a reward.

Dos Toros Sign Up Reward: New customers who download the app & create an account get a $3 credit to be spent on any item.

Key Terms & Conditions: Credit expires 30 days after signing up

List is not comprehensive

Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in association with any Rewards, or added to these Terms & Conditions from time to time. All Rewards have a 30 day expiration unless otherwise specified, which is final and will not be adjusted. Dos Toros Rewards members must download the latest versions of the Dos Toros App at any time in order to see accurate Reward details, and Dos Toros is not responsible for customers who do not download the newest version of the app and therefore do not see the details. Rewards are not redeemable for cash or transferable, and void where prohibited. Dos Toros reserves the right to make changes to or discontinue these Rewards at any time. Not all Dos Toros locations participate in Dos Toros Rewards.

Use of your information in connection with a Rewards Program is governed by the Privacy Policy. Please review this to understand how your information is processed in connection with a Reward Program.

Eligibility and Suspension: Dos Toros Rewards Programs are only open to legal residents of the fifty (50) United States (and the District of Columbia), who are at least sixteen (16) years old at the time of entry. Dos Toros Reward Programs are void where prohibited. Corporations or other entities or organizations of any kind are not eligible to participate in Rewards Programs. You may only participate in a Dos Toros Rewards Program using one Account. We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of using a Dos Toros Rewards Program in a manner inconsistent with this Agreement or any federal or state laws, statutes or ordinances. Note that this suspension or discontinuance may apply to multiple Dos Toros Rewards Programs. Similarly, such action by you may result in you losing benefits accrued under the Dos Toros Rewards Program. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons. It is your responsibility to ensure any rewards or benefits you earn under a Dos Toros Rewards Program are accrued correctly.

Termination of Reward Programs: Dos Toros Rewards Programs continue until we terminate the applicable Dos Toros Rewards Program, which we may do at any time, with or without notice to you. Upon discontinuation of the Dos Toros Rewards Program you may lose all benefits under that Dos Toros Rewards Program, including those yet to be redeemed. We also reserve the right to suspend or modify any Dos Toros Reward Program, at our discretion, at any time. By continuing to participate in the Dos Toros Reward Program, you accept our modifications. We will make reasonable efforts to provide you notice of changes to the prior to implementation.

Physical Gifts / Merchandise: Some Dos Toros Rewards Programs require contact information from you to facilitate your participation, such as for sending you something you earned in connection with the Dos Toros Rewards Program. In most cases, this information is pulled from your Account. It is your responsibility to make sure the information in your Account is accurate. In connection with a Dos Toros Rewards Program, you may earn a physical item. Physical items cannot be shipped to P.O. Boxes. If you fail to provide your home mailing address within 30 days of the date when you are notified, you will forfeit the physical item. You may be responsible for shipping and handling of physical items received through the Dos Toros Rewards Program, and we are not responsible for lost or stolen physical items. You are responsible for the payment of all taxes which may result from participation in a Dos Toros Rewards Program.

Disputes and Disclaimer: All questions or disputes regarding eligibility for a Dos Toros Rewards Program, your compliance with this Agreement, accrual of rewards or benefits, or anything else related to a Dos Toros Rewards Program, will be resolved by us in accordance with the Disputes, Arbitration, and Disputes, Arbitration, and Class Action Waiver section. By participating, you agree that all decisions we make regarding a Dos Toros Rewards Program are final. All Dos Toros Rewards Programs are subject to all applicable laws and regulations. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH ANY REWARD PROGRAM, WHICH ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

Changes to Terms: We reserve the right to modify, add, or remove any aspects of these Terms, policies, FAQs, guidelines, or other Rewards Program terms at any time without prior notice. Any modifications will be effective immediately upon posting the revision and, by accepting these Terms, you forfeit the right to receive special notice of such change. By continuing to use the Rewards Program, you agree to any revised Terms or policies posted by us. It is your responsibility to periodically review the Terms to stay informed about any modifications.

In addition, all Program benefits, offers, Rewards, and features are subject to availability and may be altered without advance notice. We reserve the right to terminate the Program, either in part or in its entirety, without notice, except as required by applicable law. At our sole discretion, we may opt to substitute a comparable program for the existing one, providing immediate notice to active account members. In the event of Reward Programs termination, any unredeemed progress or Rewards will be forfeited without obligation or liability, and no claims for Rewards will be honored after the specified notice period concludes.

Managing Communication Preferences: You may opt out from receiving Program communications at any time. To do so, please click unsubscribe at the bottom of any marketing email received and complete the opt out process. You may also reach out to info@dostoros.com to unsubscribe from marketing communications. When opting out, you will still be eligible to participate in the Dos Toros Rewards program. However you will not receive communications about future offers or important program changes. For more information about managing your information preferences and opting out, please see our Privacy Policy.

Contact Us: Please email info@dostoros.com with questions regarding your membership in Dos Toros Rewards.

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WIFI ACCESS

We may provide access to WiFi connections or similar network connections to you ("WiFi"). BY USING WIFI, YOU ARE AGREEING TO THIS AGREEMENT. Your use of WiFi is subject to this Agreement and permitted only while you comply with this Agreement. We are under no obligation to provide WiFi to you, and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available WiFi connection. We do not control and are not responsible for data or content that you access or receive via the WiFi. We are not a publisher of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service.
We reserve the right to monitor or store any transmission made through the WiFi, but we have no obligation to do so.
WIFI IS PROVIDED ON AN AS-IS BASIS AND WE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WIFI.

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OUR INTELLECTUAL PROPERTY RIGHTS

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (the "Content") are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site, protected as a collective work. All intellectual property rights associated with the Sites, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited.

Subject to your compliance with this Agreement, we grant you a limited license to access and use the Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.

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YOUR AUTHORIZED USE OF OUR SITES

While using a Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use a Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Site or any other party's use of a Site. In addition, we expect users of the Sites to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through a Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;

Post to or transmit through the Sites any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;

Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Site;

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;

Violate, or attempt to violate, the security of a Site;

Disseminate on a Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;

Use scripts, macros or other automated means to impact the integrity of Reward Programs, voting, ratings or similar features;

Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Sites;

Interfere in any manner with the operation or hosting of the Sites or monitor the availability, performance, or functionality of the Sites;

Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from a Site or any other user of a Site; or

Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Sites.

Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site's root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.

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MOBILE APPLICATIONS

Some of our Sites may be mobile or other applications that you can download to your phone, tablet, or other device ("Mobile App") via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider ("App Store Provider"). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD-PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD-PARTY SERVICE.

You acknowledge that this Agreement and your use of a Mobile App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the Mobile App and its Content. If anything in this Agreement conflicts with any usage rules for the Mobile App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with this Agreement, and then exclusively for your use of the Mobile App). All rights you have to use the Mobile App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the Mobile App may be accessed and used by other accounts associated with you via features like Apple's Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in this Agreement or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (iv) claims that the Mobile App infringes a third party's intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

Text Message Programs

BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.

You may be able to sign up to a text message campaign from a Site or through another method provided by us. You can opt out of any text message program by replying STOP to the text message. You can reply HELP on many text message programs to receive more information, including a customer contact number. Message and data rates may apply to any text message program, and consent to a program is not required for any purchase. Text message programs may send automated reoccurring texts. Neither the Company nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs, please contact us by emailing info@dostoros.com or using the information in the Contact Us section. Our Privacy Policy applies to all text message programs.

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Accounts

Some of our Sites allow you to register for accounts specific to you for ordering, Reward Programs, and other purposes ("Account").

In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an Account ("Registered Users"). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access a Site or participate in a Reward Program.

If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

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Descriptions, Testimonials, Opinions

Sites may present you with information on events, charitable causes, Dos Toros travels, and the like. This is presented for informational purposes only and should not be considered our endorsement of same.

Sites may allow you to leave product reviews, opinions, or testimonials, all of which is User Content. If you leave a review on another Site, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content.

Descriptions and graphic representations of products on Sites are for informational purposes only and may not completely reflect the current product. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product. Technological issues, such as your device settings, may alter how a product appears on a Site.

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Updates to this Agreement

We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the "Last Updated" legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Sites. Your continued use of a Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

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Other Policies

This Agreement applies exclusively to your access to, and use of, the Sites and Reward Programs and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of a Site and to the purchase of certain services and are included as part of this Agreement whether they reference this Agreement or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:

Contest and sweepstake rules

Conditional guarantees

Privacy policies

Employment agreements

Other policies and agreements are typically found by navigating the Site, typically by checking Site headers and footers and by reviewing hyperlinked terms at the point of sale.

Any sweepstakes, contests, coupons, rebates or other promotions made available through a Site may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.

Should we employ you, none of the materials provided on a Site constitute or should be considered part or of an employment contract or an offer for employment.

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Disputes, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Except as may be otherwise described herein, any dispute, claim or controversy arising out of or relating to this Agreement, other agreements on the Site, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in Westchester County, New York before one arbitrator or submitted to small claims court in Westchester County, New York. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having appropriate jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2. Reasonable discovery will be allowed during arbitration in accordance with these rules. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267 (within the USA)

No Class Actions: EXCEPT FOR COORDINATED CLAIMS (AS DEFINED BELOW), YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND WE ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, except for Coordinated Claims (defined below), unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your or our claims respectively and may not otherwise preside over any form of a representative or class proceeding.

If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void and shall be severed from the remainder of this Agreement. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.


Seeking Arbitration: If you believe you have a dispute with us, prior to initiating arbitration or filing a claim in small claims court, you must first call our customer service representatives and present your claim or dispute to allow us the opportunity to resolve the claim or dispute. Similarly, if we believe we have a dispute with you, our customer service representatives will first contact you in an attempt to resolve the dispute. If the dispute cannot be resolved by customer service and either you or we intend to seek arbitration, the party wishing to initiate arbitration must send to the other party, a written notice of the claim ("Notice"). Your Notice to us must be delivered by certified mail and addressed to: Legal Department, 800 Westchester Ave, Suite N321, Rye Brook, NY 10573. If we initiate arbitration, we will send a written Notice to an email address or other contact information you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. Except in the event of a Coordinated Claim (as defined below), if you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator's decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award: In the event arbitration awards you damages of an amount at least US $100 greater than our last documented settlement offer; we will pay your awarded damages or US $2,500, whichever is greater.

Coordinated Proceedings: If twenty-five (25) or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals ("Coordinated Claims"), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for Dos Toros shall each select five (5) cases to proceed first in arbitration in a bellwether proceeding ("Test Cases"). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five (5) cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against Dos Toros. Individuals bringing Coordinated Claims shall be responsible for up to US $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

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Contacting Us

If you have questions about this Agreement, or if you have technical questions about the operation of a Site, please contact us by writing us at 800 Westchester Avenue, Suite N321, Rye Brook, NY 10573 or emailing us at info@dostoros.com.