ACCEPTANCE OF TERMS
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from different areas of the Site solely for your own noncommercial use. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of any Content, without prior written permission of EPL is strictly prohibited.
All trademarks, service marks, trade names and tradedress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to EPL or other respective owners that have granted EPL the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of EPL, and you may not remove or otherwise modify any trademark notices from any Content.
This Site may allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures, digital images, or other content in any form (collectively “User Content”). By posting or submitting User Content on this Site, you hereby grant EPL an exclusive, unrestricted, transferable and sub-licensable, irrevocable, royalty-free and fully paid-up, world-wide, and perpetual license to reproduce, distribute, market, publicly display, modify, make, have made, sell and offer for sale, practice all applicable patent, copyright, moral right, mask work, trade secret, and other intellectual property rights, make derivative works of, exploit and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from EPL in connection with the EPL’s exercise of its license rights in and to the User Content you have posted on or submitted to this Site. By posting or submitting the User Content on this Site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. EPL respects the intellectual property of others, and we ask our users and visitors to do the same. EPL will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, EPL will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EPL the following information. Please be advised that to be effective, the notification must include ALL of the following:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit EPL to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. 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 behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to El Pollo Loco, Inc., Attention: Legal Department, at 3535 Harbor Blvd., Suite 100, Costa Mesa, CA 92626.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING EPL THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
TERM & TERMINATION
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third parties other than EPL (the “External Sites”). However, even if the third party is affiliated with EPL, EPL has no control over these linked sites, all of which have separate privacy and data collection practices, independent of EPL. EPL has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. Links do not imply that EPL sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, EPL seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
TRANSACTIONS WITH EPL AND THIRD PARTIES
If you wish to make purchases through the Site or an External Site, you may be asked by us or the merchant or operator from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold EPL liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such purchase shall be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make.
EPL makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any External Sites. EPL does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EPL, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF EPL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL EPL’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED TEN DOLLARS.
You agree to indemnify, defend, and hold harmless EPL, its officers, directors, employees, agents, licensors, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions.
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the Site, you must provide all notices or complaints to EPL via email to email@example.com or mail at El Pollo Loco, Inc., Attention: Legal Department, 3535 Harbor Blvd., Suite 100, Costa Mesa, CA 92626.
INFORMATION COLLECTED AND HOW WE USE IT
You always remain in control of the information you provide to EPL. We collect two types of information about visitors: personally identifiable information (such as name, address, telephone number, email address, etc.), which you have voluntarily submitted to us, and aggregate information (such as information about how many visitors log on to the Site, the pages they access, etc.).
In general, you can visit the Site without telling us who you are or revealing personal information about yourself. We collect, maintain and use personal information you have voluntarily submitted to contact you, including via email, to respond to your comments, suggestions or requests for information, or to contact you if needed in the course of providing information that you may have requested. In addition, we may use personal information to provide you the most helpful and targeted products to meet your needs and respond to your inquiries. To better meet your needs, we may supplement the information we collect with data obtained from third parties for the same purposes.
DATA SHARING AND TRANSFER.
EPL will not trade, sell or share your personal information for use by any third party without your consent, unless required by law or as disclosed to you when the information is collected. EPL reserves the right to disclose your personally identifiable information based on the good faith belief that such action is necessary or appropriate to (a) protect and defend the rights or property of EPL, or (b) act in urgent circumstances to protect the safety or security of the public or of users of EPL’s services and/or the Site.
Your personal information will generally be stored in the EPL databases, which are located in the United States. Specific information is provided on the Site’s consent or registration form, where needed. Our policy is to ensure that your information is always granted the same level of protection no matter where it is stored. In the event that EPL is involved in a transaction such as a merger, stock purchase or sale, or sale of substantially all of EPL’s assets, your personal information may be transferred to the other party in such transaction.
USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
Upon our collection of your personally identifiable information, EPL may use such personally identifiable information internally, separately or in combination with pre-existing information, for the following purposes:
· To provide any requested services;
· To troubleshoot problems with the Site, or any services, as requested;
· To customize your experience on the Site;
· To contact you with more information about EPL and its services.
COOKIES AND OTHER TECHNOLOGIES
Cookies help us in many ways to make your visit to the Site more enjoyable and meaningful to you. Cookies are text information files that your web browser places on your computer when you visit a website. EPL may use such “cookie” technology to obtain non-personal information from you as an online visitor. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. EPL may also use so-called “web beacons” to access the information contained in its cookies within the Site.
We take utmost care of children’s privacy, and take into consideration appropriate national and international laws and regulations on children's privacy.
We use commercially reasonable efforts to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security.
LINKS TO OTHER SITES
The Site may contain links to other websites. EPL has no control over the privacy practices or the content of such websites. We recommend you carefully read the privacy policies of each site you visit.
CHOICE AND OPT-OUT PREFERENCES
Other than cookies or other technological means, EPL does not collect your personally identifiable information unless you choose to provide it. If, at any time, you would like to correct, update or delete your personally identifiable information, or if you prefer not to receive any other form of communication from EPL, please contact us via email at firstname.lastname@example.org or via U.S. mail at El Pollo Loco, Inc., Attention: Legal Department, 3535 Harbor Blvd., Suite 100, Costa Mesa, CA 92626.
SPECIAL NOTICE TO CALIFORNIA RESIDENTS
Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to email@example.com and please include the phrase “California Privacy Request” in the subject line, and provide us with your name, address and email address. We will respond to you within thirty days of receiving such a request.
QUESTIONS OR COMMENTS
(None at present.)