Legal Information

TERMS OF USE 

 

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE.

El Pollo Loco, Inc. (“EPL,” “we” or “our”), as a convenience to you grants you access to its website, accessible via www.elpolloloco.com (the “Site”), conditioned on your acceptance of the terms, conditions and notices contained herein (these “Terms of Use”).  For the purposes of these Terms of Use, “Content” means, collectively, any content, including, without limitation any text, software, source code, applications, specifications, images, audio files, articles, and other information or content available through the Site.

You are also subject to the EPL Privacy Policy.  You agree that EPL may modify these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you.  When you access, use or browse the Site, you accept, without limitation or qualification, these Terms of Use as if you had signed them.  You are responsible for regularly reviewing these Terms of Use.

These Terms of Use are effective as of February 15, 2013.

 

ACCEPTANCE OF TERMS

Please read these Terms of Use and EPL’s Privacy Policy carefully.  By accessing or using the Site, you agree to these Terms of Use, and you consent to the collection and use of information as described in our Privacy Policy.  If you do not agree to these Terms of Use and the terms and conditions of our Privacy Policy, you must exit the Site immediately and discontinue any use of any Content.

 

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Site is for your personal and noncommercial use. You may not (i) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content, other than for your use of the Site as expressly permitted in these Terms of Use; (ii) access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site; or (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any business being conducted on the Site. 

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.

EPL does not accept or consider unsolicited suggestions and materials, including any ideas, comments, suggestions, or the like (collectively, “Information”).  Please do not submit any Information to EPL by electronic mail, contact us forms or otherwise.  Notwithstanding the foregoing and except as otherwise provided under the Privacy Policy concerning personally identifying information, if you submit Information to EPL, such Information will be treated as non-confidential and non-proprietary.  Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Information.  EPL is free to use any Information, without limitation and without any compensation to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using Information or editing, altering, broadcasting, posting, publishing, copying, disclosing, distributing, incorporating and otherwise using Information.  By submitting Information to EPL, you agree EPL is free to use the Information for any purpose whatsoever.

 

COPYRIGHTS

The Content and the Site, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of EPL and/or its licensors and are protected by patent, trademark, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with EPL’s express written consent.  Other than as necessary for your use of the Site in accordance with these Terms of Use, EPL grants no other privileges or rights in the Content to you, and you must keep intact all patent, trademark, copyright and other proprietary notices on the Content.  Any Content owned by EPL’s licensors may be subject to additional restrictions.

 

TRADEMARKS

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.

 

USER 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

These Terms of Use are applicable to you upon your accessing the Site.  These Terms of Use may be modified, altered, updated or terminated by EPL without notice at any time for any reason.  Your continued use of the Site after such modifications, alterations or updates, as the case may be, signifies your agreement to be bound by such modifications, alterations or updates.  The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification, Applicable Laws, and General shall survive any termination of these Terms of Use.

 

THIRD-PARTY LINKS

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.

 

DISCLAIMER

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.

THIS SITE AND ANY CONTENT, PRODUCTS OR SERVICES PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EPL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  EPL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  EPL DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.  AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO EPL THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

 

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.

 

INDEMNIFICATION

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.

 

APPLICABLE LAWS

Your use of this Site shall be governed in all respects by the laws of the State of California, without regard to choice of law provisions.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in California.  Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.  EPL’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.  EPL may assign its rights and duties under these Terms of Use to any Party at any time without notice to you.

 

GENERAL

EPL may revise these Terms of Use at any time by updating this posting.  You should visit this page from time to time to review the then-current Terms of Use because they are binding on you.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site.  If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and EPL as a result of these Terms of Use, our Privacy Policy or any use of the Site.  EPL’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of EPL’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EPL with respect to such use.  These Terms of Use and our Privacy Policy constitute the entire agreement between you and EPL with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EPL with respect to the Site.  We may provide notice to you hereunder by posting announcements to the Site. 

 

NOTICES

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 eaustin@elpolloloco.com or mail at El Pollo Loco, Inc., Attention: Legal Department, 3535 Harbor Blvd., Suite 100, Costa Mesa, CA 92626. 

 

PRIVACY POLICY

 

This privacy policy (this “Privacy Policy”) tells you about the information that El Pollo Loco, Inc. ( “EPL,” “we” or “our”) collects in connection with the operation of its website, www.elpolloloco.com (the “Site”), how the information is used and how you can access and correct certain information that we may collect. 

Please note that this Privacy Policy applies only to information collected from you by EPL via the Site and does not apply to information obtained or disclosed through offline correspondence or personal contacts with EPL representatives.  Further, the Site may contain advertisements and/or links to other entities’ websites that are not controlled or operated by EPL.  This Privacy Policy does not apply to such third party websites, and EPL is not responsible for the content of such third party websites or the privacy practices of such third parties.  Therefore, we encourage you to request and review the privacy policies of any third parties prior to disclosing your information to such parties or upon visiting such third party websites.

This Privacy Policy is effective as of February 15, 2013 (the “Effective Date”).

 

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 enforce our Terms of Use; or

·  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.

 

CHILDREN'S PRIVACY

We take utmost care of children’s privacy, and take into consideration appropriate national and international laws and regulations on children's privacy.

 

SECURITY

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 eaustin@elpolloloco.com or via U.S. mail at El Pollo Loco, Inc., Attention: Legal Department, 3535 Harbor Blvd., Suite 100, Costa Mesa, CA 92626.

 

YOUR ACCEPTANCE OF THIS PRIVACY POLICY AND REVISIONS TO THIS PRIVACY POLICY

By using the Site, you agree to this Privacy Policy.  If you do not agree to this Privacy Policy, you may not use the Site.  EPL reserves the right, in our discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you.  All revisions will be posted to the Site.  We urge you to review this Privacy Policy frequently for changes.  Your continued use of the Site means that you accept those changes.

 

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 eaustin@elpolloloco.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  

EPL welcomes questions and comments about this Privacy Policy.  Questions or comments should be directed to Edye Austin, who oversees EPL’s compliance with privacy requirements at eaustin@elpolloloco.com or via U.S. mail at El Pollo Loco, Inc., Attention: Legal Department, 3535 Harbor Blvd., Suite 100, Costa Mesa, CA 92626.

NOTIFICATION OF MATERIAL CHANGES TO THIS PRIVACY POLICY

This section identifies material changes to this Privacy Policy since the Effective Date.

 

(None at present.)