Terms and Conditions of Use of the TACO DEL MAR® Web Site

Please Carefully Read the Following Terms and Conditions

Use of the pages in the TACO DEL MAR® Web Site is dependent on your agreement to the following terms and conditions. If you do not agree to these terms and conditions, you should not use this site.

Restrictions on Use

All material from www.tacodelmar.com (the “Site”) and any other web site which is owned operated, licensed, or controlled by TDM IP Holder, LLC (“TDMIPH”), TDM Franchising, LLC (“TDMF”), Taco Del Mar Franchising of Canada, ULC (“TDMFC”)(collectively "TDM") may not be copied, distributed, modified, republished, reused, uploaded, reposted, transmitted, or otherwise used outside the scope of normal web browsing without prior written consent of TDMIPH. The material in this Site is provided for lawful purposes only and any other use or modification of the materials found in this site violates the intellectual property rights of the TDMIPH. Any material that is downloaded from our Site, including but not limited to files, data and images, will be deemed to be licensed to you by TDMIPH. TDMIPH retains full and complete title and intellectual property rights to all materials. You may not reproduce, sell, repost, modify, or convert any materials in this site in any manner inconsistent with these terms and conditions.

Restriction of Liability

TDM does not make any guarantee as to the accuracy of this Site or of any other site that is owned, operated, licensed, or controlled by TDM. TDM reserves the right to make changes or corrections from time to time without notice or obligation. TDM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND; ANY WARRANTY, EXPRESS OR IMPLIED, IS HEREBY EXCLUDED AND DISCLAIMED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. All materials are provided in this site "AS IS" and "WITH ALL FAULTS." Some states do not allow limitations on implied warranties, so the above disclaimer may not apply to you.

UNDER NO CIRCUMSTANCES SHALL TDM BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, INJURY OR DAMAGES RESULTING FROM USE OF THIS SITE, DAMAGE TO OR LOSS OF EQUIPMENT, ANY INTERRUPTIONS, DEFECTS, DELAYS, OMISSIONS, OR FAILURE OF TRANSMISSIONS, COMPUTER VIRUS, OR FAILURE TO CONNECT, EVEN IF THE COMPANY HAS BEEN NEGLIGENT OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. IN SUCH CASE IT IS UNDERSTOOD AND AGREED THAT TDM'S TOTOAL LIABILITY AND USER'S SOLE REMEDY, FOR ALL DAMAGES AND CAUSES OF ACTION WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE AMOUNT THAT YOU (THE USER) PAID TO ACCESS THIS SITE.

Links To Third Party Sites

The www.tacodelmar.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of www.tacodelmar.com and www.tacodelmar.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. www.tacodelmar.com is not responsible for webcasting or any other form of transmission received from any Linked Site. www.tacodelmar.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.tacodelmar.com of the site or any association with its operators.

Trademark Information

The following trademarks are registered to TDMIPH in the U.S.A. and other countries: TACO DEL MAR®

These trademarks are the sole property of TDMIPH. No license to use any of these marks is given or implied. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission of TDMIPH.

Copyright

Copyright is a form of protection provided by the laws of the United States (Title 17, U.S. Code). Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain shall be punished according to the laws as stated in Title 17, U.S. Code.

Disclaimer

TDM IP Holder, LLC is a Delaware limited liability company, TDM Franchising, LLC is a Delware limited liability company, and Taco Del Mar Franchising of Canada, ULC were organized principally for the development and franchising of the TACO DEL MAR® brand concept. TDM is owned by holding and other limited liability corporations established by the founders of Doctor’s Associates Inc. (“DAI”). DAI is a Florida corporation that owns all rights in the SUBWAY® trademark and associated SUBWAY® restaurant franchise system. TDM has no rights in or to the SUBWAY® franchise system.

No person or entity other than TDM has made any representations of any kind with regard to the performance of and/or capacity to perform TDM’s obligations. The only parties against which you may seek damages or any remedies for any claim, including but not limited to, fraud, breach of contract, unjust enrichment, unfair trade practices, or any other theory of recovery of any kind or nature, is TDM. You are advised to conduct your own independent research into TDM prior to making a decision to enter into an agreement, franchise, relationship, or other business venture with TDM.

You expressly agree that there will not be any liability on the part of (a) DAI, its shareholders, directors, officers, employees and/or agents, and/or (b) any persons and entities who are the owners, directors, officers, employees, and/or agents of TDM. This exculpation of liability shall be absolute and without any exception whatsoever.

SERVICE CONTACT: admin@franchisebrandsllc.com

Franchise Sales Disclaimer: The information available on this Site is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. It is for informational purposes only.

A franchise is offered solely by means of a Franchise Offering Circular and no franchise will be sold unless the required Franchise Offering Circular has been delivered to the prospective franchisee prior to the sale in compliance with applicable law. Additionally, any offer to sell a franchise will only be made after individuals have completed an application and been qualified to purchase a franchise.