Terms and Conditions
Text “El Rincon Mexican Restaurant” to short code 91944 to receive informational alerts.
To unsubscribe from this service text STOP to 91944 to Unsubscribe.
For help text HELP to 91944, call (888) 244-7751, or email us at email@example.com
16 messages per month. Message and Data Rates May Apply. Please check with your carrier for any charges
that may be assessed.
El Rincon Mexican Restaurant LLC, (“the Company,” “we,” or “us”) provides the registered users of the
website http://www.elrinconnorthcanton.com with certain services (“Services”). This El Rincon Mexican Restaurant User
Agreement is the legal agreement (“Agreement”) between you and El Rincon Mexican Restaurant governing your use of
these Services. Please read this Agreement carefully. El Rincon Mexican Restaurant is willing to provide the Services
to you only on the condition that you accept all of the terms and conditions contained in this Agreement.
You accept the terms and conditions of this Agreement by registering for and using the Services. If you
are unwilling to accept this Agreement, do not use the Services.
1. DESCRIPTION OF SERVICES.
Subject to your compliance with the terms and conditions of this Agreement, El Rincon Mexican Restaurant will provide the
Services to you after you have successfully and voluntarily opted in to El Rincon Mexican Restaurant campaign. Upon
El Rincon Mexican Restaurant’s acceptance of your opt-in SMS text message for participation in the Services,
El Rincon Mexican Restaurant will send you an SMS text message containing a response administered by El Rincon Mexican Restaurant. The
communication standards for the Services include, but are not limited to: SMS and web-based browser
technology, provided that in order to use the Services, you must maintain an active account with a
carrier of electronic communications through mobile devices (each, a “Carrier”). 16 messages per month.
At no time will El Rincon Mexican Restaurant charge a “premium” fee nor solicit any type of payment, such as a bank account
number or credit card number, from a user. El Rincon Mexican Restaurant will only engage in “standard” text messaging campaigns
which will only be subject to the standard text messaging fees charged by the user’s wireless carriers.
2. AVAILABILITY OF SERVICES.
You acknowledge and agree that the availability of SMS and your ability to use the Services is on
an “AS IS” and “AS AVAILABLE” basis. You acknowledge that delivery of SMS messages and availability
of web-based browsing is not guaranteed. You acknowledge that the Services may differ depending on the
Carrier with whom you maintain an account and that Carrier’s ability to support the Services.
El Rincon Mexican Restaurant is not responsible for the act or omission of any Carrier, any limitations imposed by such
Carrier, or such Carrier’s ability or inability to support the Services. In addition, El Rincon Mexican Restaurant is not
responsible for any limitations of the internet. In the event your Carrier fails to deliver any communication
to El Rincon Mexican Restaurant or a provider of any Product in timely fashion, due to, but not limited to, mobile network
failure or non-compatibility of your phone model with the Services, you acknowledge and agree that
El Rincon Mexican Restaurant shall not be liable for any loss or damage. In addition and without limiting the foregoing,
in no event will El Rincon Mexican Restaurant be liable for any error by you in using the Services.
3. MODIFICATION OF SERVICES.
El Rincon Mexican Restaurant reserves the right, in its sole discretion, to modify the Services from time to time and
without notice. El Rincon Mexican Restaurant shall have no liability to you for any modification or discontinuation of the
Services. If you object to any such changes, your sole recourse shall be to cease using the Services.
Continued use of the Services following any such changes shall indicate your acknowledgment of such
changes and satisfaction with the Services as so modified.
4. COST OF SERVICE.
Message and data rates may apply. 16 msgs per month.
5. LIMITATIONS ON YOUR USE OF THE SERVICES.
You may not attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse
engineer, decrypt, break or otherwise alter or interfere with the Service. You agree to advise El Rincon Mexican Restaurant
promptly of any such unauthorized use(s) or attempt(s). You acknowledge and agree that the Services are
for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell,
or exploit for any commercial purposes any portion of the Services, or any products accessible through
the Services. El Rincon Mexican Restaurant is not liable for any claims, actions, damages, or other liability incurred as
a result of any unauthorized use of your account or the Services, and you agree to be fully liable for
any such unauthorized access.
6. MODIFICATION OF AGREEMENT.
El Rincon Mexican Restaurant may amend, supplement, or modify this Agreement from time to time by posting the amended
Agreement on http://www.elrinconnorthcanton.com, and you agree to be bound by any such amendment or modification.
If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use
of the Services following posting of any such changes shall indicate your acknowledgment of such changes
and agreement to be bound by the revised Agreement, inclusive of such changes.
As part of the registration process, your cell number will be captured and stored in a database. El Rincon Mexican Restaurant
has an unrestricted right to collect and use any personal information you provide in connection with the
Service both available at http://www.elrinconnorthcanton.com, which is hereby incorporated by reference. By
discontinue use of the Services.
8. SUPPORTED CARRIERS.
Alltel, AT&T, Boost Mobile, Cincinnati Bell, Cellular One, Cellular South, Nextel, Sprint, T-Mobile, U.S.
Cellular, Virgin Mobile and Verizon Wireless.
El Rincon Mexican Restaurant may suspend your ability to use the Services or may terminate this Agreement effective immediately
and without notice to you if El Rincon Mexican Restaurant believes you have violated or acted inconsistently with the letter or the
spirit of this Agreement.
YOU AGREE THAT El Rincon Mexican Restaurant SHALL NOT BE LIABLE TO YOU FOR ANY TERMINATION OF THIS AGREEMENT OR OF YOUR ACCESS TO
THE SERVICES. You may discontinue your participation in and access to the Services at any time by delivering
notice to El Rincon Mexican Restaurant at firstname.lastname@example.org, or by sending a text message to the El Rincon Mexican Restaurant shortcode (91944) with the message STOP to Unsubscribe.
10. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. El Rincon Mexican Restaurant EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. El Rincon Mexican Restaurant MAKES NO WARRANTY THAT THE SERVICES WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
El Rincon Mexican Restaurant DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SERVICES WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY,
CURRENTNESS OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND El Rincon Mexican Restaurant MAKES NO WARRANTY REGARDING ANY DEALINGS
WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORTS AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE
SITES OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
El Rincon Mexican Restaurant OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL El Rincon Mexican Restaurant OR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR THE SERVICES, REGARDLESS OF WHETHER SUCH
DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION 10 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS
AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY.
THE AGGREGATE LIABILITY OF El Rincon Mexican Restaurant TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITES OR THE SERVICES
IS LIMITED TO ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers
may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied
warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability
shall be the minimum permitted under such applicable law.
How to Contact Us:
Call us toll-free anytime at (888) 244-7751 to speak with a customer service rep, or send an email to email@example.com
300 Ionia SW 2nd Floor
Grand Rapids, MI 49503