Roll Em Up Taquitos Terms and Conditions

Roll-Em-Up Taquito’s First 50 Corona Main, CA Free 3 Pack Combo Giveaway 

Official Rules

On the anniversary day at the new restaurant located 870 N Main St, Corona, CA 92878, Roll-Em-Up Taquito’s will give away Roll-Em-Up Taquito’s® Free 3 Pack Combo for a year (“FRFAY”) to each in-person customer purchasing a 2, 3, or 4 Pack Combo of Taquitos, while FRFAY supplies last (100 FRFAY prizes will be available for this promotion). The line may form outside the restaurant to seek admittance starting at 7AM and once the restaurant opens and customer makes a purchase (“FRFAY Giveaway Line”). FRFAY will be awarded for each 2, 3, or 4 Pack Combo purchased for each person present with the party making the purchase and are limited to 1 per ordering party. You cannot obtain a FRFAY for a 2, 3, or 4 Pack Combo purchased for someone who is not on-site. (Example: if a customer purchases 3 Taquito Pack Combos and 3 FRFAY prizes are still available, that customer will receive 1 FRFAY prizes if there are at least 1 person in the ordering party on-site; but if the customer is alone and orders 3 2, 3, or 4 Pack Combo meals, the customer will only receive 1 FRFAY). FRFAY Roll-Em-Up App is redeemable for one 3 PACK COMBO meal (once a month) at any participating Roll-Em-Up Taquito’s restaurant (additional terms printed on the Roll-Em-Up App apply). Total ARV of FRFAY prizes in this sales promotion is $8,448.00.

Roll-Em-Up Taquito’s First 100 Lakewood, CA Free 3 Pack Combo Giveaway 

Official Rules

On the grand opening day at the new restaurant located 5001 Candlewood St, Lakewood, CA 90712, Roll-Em-Up Taquito’s will give away Roll-Em-Up Taquito’s® Free 3 Pack Combo for a year (“FRFAY”) to each in-person customer purchasing a 2, 3, or 4 Pack Combo of Taquitos, while FRFAY supplies last (100 FRFAY prizes will be available for this promotion). The line may form outside the restaurant to seek admittance starting at 7AM and once the restaurant opens and customer makes a purchase (“FRFAY Giveaway Line”). FRFAY will be awarded for each 2, 3, or 4 Pack Combo purchased for each person present with the party making the purchase and are limited to 1 per ordering party. You cannot obtain a FRFAY for a 2, 3, or 4 Pack Combo purchased for someone who is not on-site. (Example: if a customer purchases 3 Taquito Pack Combos and 3 FRFAY prizes are still available, that customer will receive 1 FRFAY prizes if there are at least 1 person in the ordering party on-site; but if the customer is alone and orders 3 2, 3, or 4 Pack Combo meals, the customer will only receive 1 FRFAY). FRFAY Roll-Em-Up App is redeemable for one 3 PACK COMBO meal (once a month) at any participating Roll-Em-Up Taquito’s restaurant (additional terms printed on the Roll-Em-Up App apply). Total ARV of FRFAY prizes in this sales promotion is $8,448.00.

Roll-Em-Up Taquito’s First 250 Mary Alice Free 3 Pack Combo Giveaway & $4.20/ 2-Pack Official Rules

On 4/20/24 at the location located at 1270 Webb Cir Suite 102, Corona, CA , Roll-Em-Up Taquito’s will give away Roll-Em-Up Taquito’s® Free 3 Pack Combo for a year (“FRFAY”) to each in-person customer purchasing a 2, 3 or 4 pack of Taquitos, while FRFAY supplies last (50 FRFAY prizes will be available for this promotion). The line may form outside the restaurant to seek admittance starting at 12 PM and once the Dispensary opens and a customer makes a purchase (“FRFAY Giveaway Line”). FRFAY will be awarded for each 2, 3 or 4 pack purchased for each person present with the party making the purchase and are limited to 1 per ordering party. You cannot obtain a FRFAY for a 2, 3 or 4-pack purchased for someone who is not on-site. (Example: if a customer purchases 3 Taquito packs and 3 FRFAY prizes are still available, that customer will receive 1 FRFAY prize if there are at least 1 person in the ordering party on-site; but if the customer is alone and orders 2, 3 or 4-pack meals, the customer will only receive 1 FRFAY). FRFAY Roll-Em-Up The app is redeemable for one 3 PACK COMBO meal (once a month) at any participating Roll-Em-Up Taquitos restaurant (additional terms printed on the Roll-Em-Up App apply). The total ARV of FRFAY prizes in this sales promotion is $8,448.00.

$4.20 2-Pack is valid with any food purchase.

Roll-Em-Up Taquito’s First 25 Corona-Bedford, CA Free 3 Pack Combo Giveaway Official Rules

On the 1st anniversary at the restaurant located at 3935 Bedford Canyon Rd. Suite 101 Corona, CA, Roll-Em-Up Taquito’s will give away Roll-Em-Up Taquito’s® Free 3 Pack Combo for a year (“FRFAY”) to each in-person customer purchasing a 3 or 5 pack of Taquitos, while FRFAY supplies last (50 FRFAY prizes will be available for this promotion). The line may form outside the restaurant to seek admittance starting at 7 AM and once the restaurant opens and a customer makes a purchase (“FRFAY Giveaway Line”). FRFAY will be awarded for each 3 or 5 pack purchased for each person present with the party making the purchase and are limited to 1 per ordering party. You cannot obtain a FRFAY for a 3 or 5-pack purchased for someone who is not on-site. (Example: if a customer purchases 3 Taquito packs and 3 FRFAY prizes are still available, that customer will receive 1 FRFAY prize if there are at least 1 person in the ordering party on-site; but if the customer is alone and orders 3 or 5-pack meals, the customer will only receive 1 FRFAY). FRFAY Roll-Em-Up The app is redeemable for one 3 PACK COMBO meal (once a month) at any participating Roll-Em-Up Taquitos restaurant (additional terms printed on the Roll-Em-Up App apply). The total ARV of FRFAY prizes in this sales promotion is $8,448.00.

Roll-Em-Up Taquito’s First 100 Roseville, CA Free 3 Pack Combo Giveaway Official Rules

On the 1st anniversary at the restaurant located at 920 Pleasant Grove Blvd STE 180, Roseville, CA 95678, Roll-Em-Up Taquito’s will give away Roll-Em-Up Taquito’s® Free 3 Pack Combo for a year (“FRFAY”) to each in-person customer purchasing a 2, 3 or 4 pack of Taquitos, while FRFAY supplies last (50 FRFAY prizes will be available for this promotion). The line may form outside the restaurant to seek admittance starting at 7 AM and once the restaurant opens and a customer makes a purchase (“FRFAY Giveaway Line”). FRFAY will be awarded for each 2, 3 or 4 pack purchased for each person present with the party making the purchase and are limited to 1 per ordering party. You cannot obtain a FRFAY for a 2, 3 or 4-pack purchased for someone who is not on-site. (Example: if a customer purchases 3 Taquito packs and 3 FRFAY prizes are still available, that customer will receive 1 FRFAY prize if there are at least 1 person in the ordering party on-site; but if the customer is alone and orders 2, 3 or 4-pack meals, the customer will only receive 1 FRFAY). FRFAY Roll-Em-Up The app is redeemable for one 3 PACK COMBO meal (once a month) at any participating Roll-Em-Up Taquitos restaurant (additional terms printed on the Roll-Em-Up App apply). The total ARV of FRFAY prizes in this sales promotion is $8,448.00.

Roll-Em-Up Taquito’s First 25 Corona-Bedford, CA Free 3 Pack Combo Giveaway Official Rules

On the 1st anniversary at the restaurant located at 3935 Bedford Canyon Rd. Suite 101 Corona, CA, Roll-Em-Up Taquito’s will give away Roll-Em-Up Taquito’s® Free 3 Pack Combo for a year (“FRFAY”) to each in-person customer purchasing a 3 or 5 pack of Taquitos, while FRFAY supplies last (50 FRFAY prizes will be available for this promotion). The line may form outside the restaurant to seek admittance starting at 7 AM and once the restaurant opens and a customer makes a purchase (“FRFAY Giveaway Line”). FRFAY will be awarded for each 3 or 5 pack purchased for each person present with the party making the purchase and are limited to 1 per ordering party. You cannot obtain a FRFAY for a 3 or 5-pack purchased for someone who is not on-site. (Example: if a customer purchases 3 Taquito packs and 3 FRFAY prizes are still available, that customer will receive 1 FRFAY prize if there are at least 1 person in the ordering party on-site; but if the customer is alone and orders 3 or 5-pack meals, the customer will only receive 1 FRFAY). FRFAY Roll-Em-Up The app is redeemable for one 3 PACK COMBO meal (once a month) at any participating Roll-Em-Up Taquitos restaurant (additional terms printed on the Roll-Em-Up App apply). The total ARV of FRFAY prizes in this sales promotion is $8,448.00.

Roll-Em-Up Taquito’s First 100 Henderson, NV Free 3 Pack Combo Giveaway 

Official Rules

On the grand opening day at the new restaurant located at 1115 Vitality Drive, Henderson, Nevada, 89011, Roll-Em-Up Taquito’s will give away Roll-Em-Up Taquito’s® Free 3 Pack Combo for a year (“FRFAY”) to each in-person customer purchasing a 2, 3, or 5 Pack Combo of Taquitos, while FRFAY supplies last (100 FRFAY prizes will be available for this promotion). The line may form outside the restaurant to seek admittance starting at 7AM and once the restaurant opens and customer makes a purchase (“FRFAY Giveaway Line”). FRFAY will be awarded for each 2, 3, or 5 Pack Combo purchased for each person present with the party making the purchase and are limited to 1 per ordering party. You cannot obtain a FRFAY for a 2, 3, or 5 Pack Combo purchased for someone who is not on-site. (Example: if a customer purchases 3 Taquito Pack Combos and 3 FRFAY prizes are still available, that customer will receive 1 FRFAY prizes if there are at least 1 person in the ordering party on-site; but if the customer is alone and orders 3 2, 3, or 5 Pack Combo meals, the customer will only receive 1 FRFAY). FRFAY Roll-Em-Up App is redeemable for one 3 PACK COMBO meal (once a month) at any participating Roll-Em-Up Taquito’s restaurant (additional terms printed on the Roll-Em-Up App apply). Total ARV of FRFAY prizes in this sales promotion is $8,448.00.

Roll-Em-Up Taquito’s First 50 Gilbert, AZ Free 3 Pack Combo Giveaway 

Official Rules

On the grand opening day at the new restaurant located at 2333 S Val Vista Dr, Gilbert, AZ 85295, Roll-Em-Up Taquito’s will give away Roll-Em-Up Taquito’s® Free 3 Pack Combo for a year (“FRFAY”) to each in-person customer purchasing a 2, 3, or 5 pack of Taquitos, while FRFAY supplies last (50 FRFAY prizes will be available for this promotion). The line may form outside the restaurant to seek admittance starting at 7AM and once the restaurant opens and customer makes a purchase (“FRFAY Giveaway Line”). FRFAY will be awarded for each 2, 3, or 5 pack purchased for each person present with the party making the purchase and are limited to 1 per ordering party. You cannot obtain a FRFAY for a 2, 3, or 5 pack purchased for someone who is not on-site. (Example: if a customer purchases 3 Taquito packs and 3 FRFAY prizes are still available, that customer will receive 1 FRFAY prizes if there are at least 1 person in the ordering party on-site; but if the customer is alone and orders 3 2, 3, or 5 pack meals, the customer will only receive 1 FRFAY). FRFAY Roll-Em-Up App is redeemable for one 3 PACK COMBO meal (once a month) at any participating Roll-Em-Up Taquito’s restaurant (additional terms printed on the Roll-Em-Up App apply). Total ARV of FRFAY prizes in this sales promotion is $8,448.00.

Roll-Em-Up Taquito’s First 50 Irvine Spectrum, CA Free 3 Pack Combo Giveaway 

Official Rules

On the grand opening day at the new restaurant located at 509 Spectrum Center Dr. Irvine, Ca 92618, Roll-Em-Up Taquito’s will give away Roll-Em-Up Taquito’s® Free 3 Pack Combo for a year (“FRFAY”) to each in-person customer purchasing a 2, 3, or 5 pack of Taquitos, while FRFAY supplies last (50 FRFAY prizes will be available for this promotion). The line may form outside the restaurant to seek admittance starting at 7AM and once the restaurant opens and customer makes a purchase (“FRFAY Giveaway Line”). FRFAY will be awarded for each 2, 3, or 5 pack purchased for each person present with the party making the purchase and are limited to 1 per ordering party. You cannot obtain a FRFAY for a 2, 3, or 5 pack purchased for someone who is not on-site. (Example: if a customer purchases 3 Taquito packs and 3 FRFAY prizes are still available, that customer will receive 1 FRFAY prizes if there are at least 1 person in the ordering party on-site; but if the customer is alone and orders 3 2, 3, or 5 pack meals, the customer will only receive 1 FRFAY). FRFAY Roll-Em-Up App is redeemable for one 3 PACK COMBO meal (once a month) at any participating Roll-Em-Up Taquito’s restaurant (additional terms printed on the Roll-Em-Up App apply). Total ARV of FRFAY prizes in this sales promotion is $8,448.00.

Roll-Em-Up Taquito’s First 50 AZ Chandler Free 3 Pack Combo Giveaway Official Rules

On the grand opening day at the new restaurant located at 301 S Arizona, AZ 85225, Roll-Em-Up Taquito’s will give away Roll-Em-Up Taquito’s® Free 3 Pack Combo for a year (“FRFAY”) to each in-person customer purchasing a 2, 3, or 5 pack of Taquitos, while FRFAY supplies last (50 FRFAY prizes will be available for this promotion). The line may form outside the restaurant to seek admittance starting at 7AM and once the restaurant opens and customer makes a purchase (“FRFAY Giveaway Line”). FRFAY will be awarded for each 2, 3, or 5 pack purchased for each person present with the party making the purchase and are limited to 1 per ordering party. You cannot obtain a FRFAY for a 2, 3, or 5 pack purchased for someone who is not on-site. (Example: if a customer purchases 3 Taquito packs and 3 FRFAY prizes are still available, that customer will receive 1 FRFAY prizes if there are at least 1 person in the ordering party on-site; but if the customer is alone and orders 3 2, 3, or 5 pack meals, the customer will only receive 1 FRFAY). FRFAY Roll-Em-Up App is redeemable for one 3 PACK COMBO meal (once a month) at any participating Roll-Em-Up Taquito’s restaurant (additional terms printed on the Roll-Em-Up App apply). Total ARV of FRFAY prizes in this sales promotion is $8,448.00.

Roll-Em-Up Taquitos
“FREE ROLL-EM-UP TAQUITO’S® for a Year” Complete Program Terms
Effective: January 1, 2023

The following Free ROLL-EM-UP TAQUITO’S® for a Year Complete Program Terms (the “Program Terms”) describe the terms and conditions that apply to use of a Free ROLL-EM-UP TAQUITO’S® for a Year Reward on the App (hereafter referred to as “FRFAY Reward APP” Or “Card”), whether in physical or digital format.

These Program Terms are a legal and binding agreement between you (the “FRFAY APP Holder”) and Roll-Em-Up Taquito’s Restaurants, LLC, andits affiliates, subsidiaries, franchisees, participating restaurants and related entities (collectively, “Roll-Em-Up Taquito’s”). By accepting or using a FRFAY Reward App, you agree to be bound by these Program Terms, and, as applicable, the Roll-Em-Up Taquito’s Privacy Policy https://www.rollemup.com/privacy-policy and Terms of Use https://www.rollemup.com/terms-of-use. If you do not agree with the Program Terms, Privacy Policy, or Terms of Use, do not accept or use a FRFAY Reward App.
THESE PROGRAM TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT, AS SET FORTH BELOW, AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, A WAIVER OF JURY TRIALS, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.

1. How FRFAY Reward App Work. A FRFAY Reward App entitles the bearer to receive One (1) THE 3 PACK COMBO® meals (each a “Meal”) per calendar month at participating Roll-Em-Up Taquitos® restaurants (“Participating Restaurants”) starting with the month in which the Card is issued and continuing for the next twelve (12) consecutive calendar months (“Effective Period”). The bearer simply orders a Meal at a Participating Restaurant, presents the APP at the register to be swiped by a crewmember, and receives a Meal for FREE, provided a free Meal remains on the APP that month and the APP is still in its Effective Period. On the first day of each calendar month during the Effective Period the Card will be automatically loaded with One (1) Meals redeemable within that calendar month. Unredeemed Meals do not roll over to the next month and are forfeited. App is not replaceable, non-transferable, and not redeemable for cash.

2. Privacy. Any information shared as a result of your use of FRFAY Reward APP will be subject to Roll-Em-Up Taquito’s privacy policy, available at https://www.rollemup.com/privacy-policy.

3. Redemption. FRFAY Reward APP are not redeemable for any food, beverage, or merchandise other than THE (3) PACK COMBO® meal. No substitutions are allowed. You may only redeem a FRFAY Reward APP at Participating Restaurants, which include all Roll-Em-Up Taquito’s® restaurants located in the United States or U.S. territories except the following: Virginia Commonwealth University (805 W Grace St., Richmond, VA), Alabama University (210 Mc Corvey Dr, Tuscaloosa, AL), University of Tennessee (1659 Cumberland Ave., Knoxville, TN), Ole Miss (900 Hill Drive, Oxford, MS), Clemson (511 Fort Hill Street, Clemson, SC), East Carolina University (501 E Tenth Street, Greenville, NC).

4. Miscellaneous. FRFAY Reward App have no cash value and may not be redeemed for cash (except as required by law). FRFAY Reward App have no value until issued and activated, and become void at the conclusion of the Effective Period. Roll-Em-Up Taquito’s and any Participating Restaurants reserve the right to refuse to honor any FRFAY Reward App in the event of a reasonable belief or suspicion that the FRFAY Reward App has been stolen, or the attempted use of the FRFAY Reward App is fraudulent, unlawful, or in violation of these Program Terms.

5. Remaining Meals. You may contact our Customer Relations department at www.Rollemup.com to find out how many Meals remain on your App in a given month during the Effective Period, and to find out when your Effective Period ends. You may also obtain that information at a Participating Restaurant by asking an available crewmember to swipe your Card at the register. The information you receive when inquiring is an estimate only. In most cases, the information is adjusted immediately when you redeem a Meal, but there may be occasions when the adjustment is delayed.

6. Expiration/Fees. FRFAY Reward App expire at midnight Eastern Time on the last day of the twelfth calendar month following the month during which the App was first issued. No service fees or fees for inactivity apply to any FRFAY Reward Cards.

7. Non-Reloadable. FRFAY Reward Cards may not be reloaded after the Effective Period.

8. No Refunds. No refunds are permitted in connection with FRFAY Reward App. All redemption of Meals using FRFAY Reward App are final.

9. Lost, Damaged, or Stolen FRFAY Reward Cards; Unauthorized Use. Lost, damaged, stolen, or fraudulently used FCFAY Reward Cards will not be replaced or replenished. Neither ROLL-EM-UP Taquito’s nor any Participating Restaurant is responsible for unauthorized FRFAY Reward APP use.

10. Transfers and Resale Prohibited. You may not sell or transfer a FRFAY Reward APP, or otherwise barter for its exchange. You may redeem a Meal using your FRFAY Reward Card for a friend, as long as you have Meals available.

11. MANDATORY BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE AND REQUIRES INDIVIDUAL FINAL AND BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF RESOLUTION IN COURT.

THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND ROLL-EM-UP TAQUITO TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY, OR TO APPEAL DECISIONS CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.

INFORMAL RESOLUTION: you and Roll-Em-Up Taquito’s will first attempt to resolve any claim informally. Accordingly, neither you nor Roll-Em-Up Taquito’s may start a formal arbitration proceeding for at least 60 days after one party notifies the other party of a claim in writing. As part of this informal resolution process, you must deliver your written notices via hand or first-class mail to us at Roll-Em-Up Taquito’s, Attn: Legal, 25843 Jefferson Ave Murrieta Ca 92562.

GOVERNING LAW: you and Roll-m-Up Taquito’s agree that these terms and conditions and any Dispute you may have with Roll-Em-Up Taquito’s, will be governed by federal law and the Federal Arbitration Act as to arbitration issues; the law of the State of Califorina for all issues arising from or related to the Program Terms, without reference to the principles of conflicts of laws thereof. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.

WE BOTH AGREE TO ARBITRATE: you and Roll-Em-Up Taquito’s agree to resolve any dispute between you and Roll-Em-Up Taquito’s or its affiliates (“Dispute”) through final and binding arbitration, with two exceptions. First, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), or to the extent that you believe Roll-EM-UP TAQUITO’S may have violated or threatened to violate your intellectual property rights, Roll-Em-Up Taquito’s or you may bring a lawsuit solely for injunctive relief to stop intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Second, you may bring any matter within the jurisdiction of a small claims court or similar court in which you seek less than $10,000 in a small claims court or similar court on an individual basis without a class action and without any request for injunctive relief.

WHAT IS ARBITRATION: you and Roll-Em-Up Taquito’s mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for Disputes that arise between you and Roll-Em-Up Taquito’s, its related and affiliated companies, successors, and assigns; and/or any current or former employee, officer, or director of Roll-EM-UP TAQUITO’S or any related or affiliated company. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. You and Roll-Em-Up Taquito’s agree that this Dispute Resolution Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even if the applicable terms and conditions expire or terminate. Any revision to or termination of the applicable terms and conditions that modify or terminate this Dispute Resolution Section shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Roll-Em-Up Taquito’s in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE APPLICABLE ENTITY

WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

NO CLASS ACTIONS: Except as otherwise required under applicable law, you and Roll-Em-Up Taquito’s agree to arbitrate any Dispute only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, consolidated, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under the applicable terms and conditions may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, consolidated, representative, or private attorney general proceeding.

WHO DECIDES WHAT CAN BE ARBITRATED: If a party violates the agreement to arbitrate by commencing an action asserting a Dispute in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Dispute Resolution Section. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Dispute Resolution Section for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Dispute Resolution Section, including the Class Action Waiver.

WHAT ARE THE ARBITRATION RULES, PROCEDURES, AND COSTS: To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first-class mail to JAMS Mediation, Arbitration and ADR Services (“JAMS”) and us at Roll-Em-Up Taquito’s, Attn: General Counsel, 25843 Jefferson Ave, Murrieta, California 92562. You and Roll-Em-Up Taquito’s agree that the arbitration shall be administered by JAMS before a single arbitrator mutually agreed upon by the parties. Except to the extent that they are modified by the rules below, if you are an individual person, the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time of the filing of the demand (and that are available at https://www.jamsadr.com/rules-streamlined-arbitration/) will apply.

The parties agree that the applicable JAMS rules are modified as follows:
(a) Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under California law. Unless you prefer otherwise and the Applicable Entity agrees, the arbitration shall be conducted in the county in which you reside. Or if that is not practicable, in an adjacent county as determined by JAMS.
(b) No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
(c) All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information. If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible, without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
(d) The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Dispute(s).
(e) Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
(f) The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
(g) The Federal Rules of Evidence shall apply to all arbitration proceedings.
(h) The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
(i) The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
(j) The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
(k) If you initiate arbitration, you will pay the first $250, and Roll-Em-Up Taquito’s will pay all other filing, administrative, or hearing fees. If you are an individual person and Roll-Em-Up Taquito’s initiates arbitration, Roll-Em-Up Taquito’s will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, you will remain responsible for your attorneys’ fees and costs unless the law governing the Dispute(s) provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that you may recover a certain amount of attorneys’ fees and costs.

If any term or condition in this Dispute Resolution Section is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed, and the remainder of this Dispute Resolution Section shall not be affected. Provided, however, that if the Class Action waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in the County of Riverside, California, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Limitation of Liability. ROLL-EM-UP TAQUITO’S MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE FCFAY REWARD CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A FRFAY REWARD CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND RAISING CANE’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH FRFAY REWARD APP. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD RAISING CANE’S AND ITS AFFILIATES (AND THEIR OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS, INCLUDING COSTS AND ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF YOUR FCFAY REWARD APP OR VIOLATION OF ANY OF THESE PROGRAM TERMS.

13. Governing Law. The laws of the State of California, without regard to principles of conflict of laws, apply to these Program Terms and use of your FRFAY Reward Card. If any part of these Program Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

14. Changes to Agreement. Roll-Em-Up Taquito’s reserves the right to change these Program Terms from time to time in its discretion without special notice to you. Notice of changes will be by reasonable means, which may be by the posting of the revised version of these Program Terms on this website (“Updated Terms”). Your use of a FRFAY Reward App after Roll-Em-Up Taquito’s or Roll-Em-Up Taquito’s has posted the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of a FRFAY Reward App from that point forward. The date of the last update to these Program Terms is always indicated near the top of the page and any change in the date of these Program Terms shall constitute notice to you that the Program Terms have changed.

15. Fraud/Violation of Terms. Roll-Em-Up Taquitos reserves the right to refuse to honor, or to suspend or deactivate a FRFAY Reward App where Roll-Em-Up Taquito’s suspects that the FRFAY Reward App was issued or awarded fraudulently, in violation of these Program Terms, or in violation of applicable terms of the program in which the FRFAY Reward App was a prize, or in violation of laws or other applicable Roll-Em-Up Taquito’s terms and conditions.

ADDITIONAL TERMS

Please read these Terms of Use (“Terms”) carefully before using any Roll Em Up websites,

mobile/tablet applications, loyalty programs, stored value cards and other online programs, and mobile messaging/SMS programs, or the materials, software and content available in or through them (altogether, “Roll Em Up Online Services”).

By downloading or using any of the Roll Em Up Online Services, you affirm that you are able and legally competent to accept and agree to these Terms and our Privacy Policy. If you do not agree to any of these Terms, then please do not access or use any of the Roll Em Up Online Services.

These Terms constitute an agreement between you and Roll Em Up Drive-In Restaurants, Inc. and its affiliates, related entities and franchisees (collectively, “Checkers” or “we” or “us”).

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and Roll Em Up have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.

Certain services offered by through the Roll Em Up Online Services, such as mobile apps, loyalty programs, sweepstakes and other similar offers, will be subject to additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers. These Terms will apply equally.

MINORS

The Roll Em Up Online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE ROLL EM UP ONLINE SERVICES. By accessing, using and/or submitting information to or through the Roll Em Up Online Services, you represent that you are at least age 13. Anyone between age thirteen (13) and eighteen (18) may only use the Roll Em Up Online Services under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE ROLL EM UP ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS

USERS AND ACCOUNTS

To use certain Roll Em Up Online Services, such as the Online Ordering Program, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (d) notify Roll Em Up if you discover or suspect that your account has been hacked or its security breached.

You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Roll Em Up Online Services. We do not guarantee that the Roll Em Up Online Services are accessible on any particular equipment or device or with any particular software or service plan.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Checkers Online Services or any component of them and to block or prevent future access to and use of the Roll Em Up Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Roll Em Up Online Services will survive such termination.

PERSONAL USE ONLY

The Roll Em Up Online Services are owned by Roll Em Up and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Roll Em Up Online Services. You may not save or archive a significant portion of the material appearing in or on the Roll Em Up Online Services. All rights not expressly granted herein are reserved by Roll Em Up.

PRIVACY

Our Privacy Policy describes the data that we gather about or from users of the Roll Em Up Online Services and how we process, use and share that data. Be sure to read it to understand these matters.

RESPONSIBLE USE OF THE ROL EM UP ONLINE SERVICES

You may use the Roll Em Up Online Services for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you may not use the Roll Em Up Online Services: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Roll Em Up Online Services; or (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Roll Em Up in its sole discretion). YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ROLL EM UP AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY ROLL EM UP ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.

PROVISION OR SUSPENSION/WITHDRAWAL OF THE ROLL EM UP ONLINE SERVICES

You understand and agree that: (a) the Roll Em Up Online Services may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current Roll Em Up Online Services is subject to these Terms; (b) we may decline to provide access to the Roll Em Up Online Services or stop (permanently or temporarily) providing the Roll Em Up Online Services (or any feature, program or content within the Roll Em Up Online Services) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the Roll Em Up Online Services, your account details, or any files or other content which are contained in your account.

ONLINE ORDERING

Roll Em Up may make available to you the ability to order online from participating Checkers locations. These terms related to online ordering only apply to orders placed through the Roll Em Up Online Services. Minimum order amounts may apply. Any applicable taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Roll Em Up Online Services. You are responsible for payment of your order by means of a payment option made available through the Roll Em Up Online Services at the time of ordering. We use third-party providers and may accept various third-party services to process payments. The Roll Em Up location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating location may not have all menu items identified through the Roll Em Up Online Services. The Roll Em Up Online Services may allow you to customize your order. Portion size references (extra, light, etc.) are for convenience only and do not indicate nutrient content information. Refunds, if any, of amounts paid for cancelled orders will be identified at the time of cancellation. Please contact the Roll Em Up location responsible for fulfilling your order directly to identify amounts due.

LOCATION-BASED SERVICES

If you enable location-based services on your computer or mobile device in connection with your use of the Roll Em Up Online Services, you expressly consent to Roll Em Up collecting the geolocation (which may include specific longitude and latitude) of your device. This information will be used as set forth in our Privacy Policy, including to locate nearby Roll Em Up locations and to provide specific advertising content or messages based on your location. Please see our Privacy Policy for further information and for details on how to opt-out of location information collection.

SOCIAL MEDIA ACCESS

If you choose the option to access or log-in to the Roll Em Up Online Services through a third party social media service that you belong to, such as Facebook, Twitter, YouTube, and/or Instagram, you grant us permission to access and use the information that you post or store on the applicable social media service, in accordance with the privacy policy of that service and the privacy settings that are applicable to your account, and to store the user name and password you use to log-in to the applicable social media service. For more information on how we use the information we collect about you from these social media services, please review our Privacy Policy. For more details on how you can manage the information provided to us by these social media services, please review the privacy settings applicable to your account with the applicable social media service.

MOBILE ACCESS & TEXT MESSAGING TERMS

USE OF MOBILE DEVICES

If you use a mobile device to access the Roll Em Up Online Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Roll Em Up Online Services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. See iPhone App End User Agreement and Android App End User Agreement. By accessing or using any Checkers Online Services via a mobile device, you agree to these Terms and to any applicable terms of a mobile app you may use.

TEXT MESSAGING PROGRAM

ENROLLMENT.

If you enroll in our text messaging (SMS) program, you will be asked to consent expressly — evidenced by provision of your mobile telephone number, specified prompted key word(s), or SMS/MMS or other text message affirmative response (e.g., Y or zip code) as your signature to agree to receive recurring marketing messages, including such messages sent through an automatic telephone dialing system, where such messages may be sent by us or our vendors to the mobile number you provided at opt-in.  Such consent is not a condition of making any purchase.

GENERAL TERMS & DISPUTES.

Without limitation our text messaging program is subject to these complete Terms of Service, which contain provisions that govern how claims you and Checkers have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.

OPTING OUT.

You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages.   In either case, you will receive one additional message confirming that your request has been processed.  If you do not receive this confirmatory text message, please contact loyalty@rollemup.com for help.   For all other help inquiries, please text HELP to the number from which you are currently receiving the Coupon Message.

YOUR OWN WIRELESS PLAN.

As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact our wireless provider.

YOUR DUTIES FOR YOUR OWN PHONE NUMBER.

You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

PARTICIPATION SUBJECT TO TERMINATION OR CHANGE.

We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.

UNITED STATES ONLY

The Roll Em Up Online Services are intended for use only in the 50 United States, plus D.C. You are responsible for compliance with any local laws if you access or use the Roll Em Up Online Services anywhere else.   All prices displayed on the Roll Em Up Online Services are quoted in U.S. Dollars and are valid and effective only in the United States.

INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY

INDEMNITY

You agree to indemnify, defend, and hold harmless all Roll Em Up entities and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your breach of these Terms. Roll Em Up reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if Roll Em Up assumes defense and control, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the Roll Em Up Online Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.

DISCLAIMERS

To the maximum extent permitted by law, THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT the Roll Em Up Online Services, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. THE COVERED ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE Roll Em Up online SERVICES. THE Roll Em Up SERVICES ARE PROVIDED AS IS, with all faults, AND AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.

THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD PARTY OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR POLICIES OR RIGHTS AGAINST ANY THIRD PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC. The Covered Parties are not responsible or liable for the conduct of any user of the Roll Em Up Online Services.

LIMITATIONS ON LIABILITY

THE COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, Statutory Damages or penalties, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF these types of DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION arising in connection with, out of, or as a result of (i) these Terms or the Roll Em Up online services, and (ii) any acts or omissions of any of the covered entities in connection with these terms or the Roll Em Up services. The only remedy available to you under these terms AND in connection with the Roll Em Up online services is reimbursement of the access fees you have paid for the Roll Em Up online services.

LEGAL DISPUTES

In the event that you have a dispute with one or more other users, you hereby release the Covered Entities from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

EXCEPTIONS TO DISCLAIMERS AND EXCLUSIONS OF DAMAGES

If you live in a jurisdiction that does not allow disclaimer of warranties or exclusion of damages, the foregoing disclaimers and exclusions may not apply to you. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

TIMING OF CLAIMS

You must bring any claim you have against Roll Em Up relating to these Terms or the Roll Em Up Online Services within two years from the date of accrual of the applicable claim.

LEGAL DISPUTES AND ARBITRATION AGREEMENT

INITIAL DISPUTE RESOLUTION

We are available to address any concerns you may have regarding your use of the Roll Em Up Online Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

TERMS OF SERVICE AND BINDING ARBITRATION AGREEMENT

If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Roll Em Up Online Services shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.

CLASS ACTION WAIVER

The parties further agree that any arbitration—and any suit that, for any reason whatsoever, is deemed not covered by or subject to the above arbitration agreement—shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

EXCEPTION – SMALL CLAIMS COURT CLAIMS

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

EXCEPTION—CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT (PAGA) ACTION.

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act

30 DAY RIGHT TO OPT OUT

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following email The notice must be sent within thirty (30) days of registering to use the Roll Em Up Online Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Roll Em Up also will not be bound by them.

COPYRIGHT AND TRADEMARK

Unless otherwise noted, all materials published in or through the Roll Em Up Online Services are protected as the copyrights, trade dress, trademarks and/or other intellectual property of Roll Em Up or its licensors. You may not remove or alter any copyright, trademark or other proprietary right notice in the Roll Em Up Online Services. All rights not expressly granted are reserved.

Roll Em Up is strongly committed to respecting intellectual property and other rights. As set forth in the following paragraphs, we have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances. We may, in our sole discretion, limit, suspend, or terminate and user’s access or account, delay or remove Content, and take technical and legal steps to keep users from using the Roll Em Up Online Services, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY

Roll Em Up will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.

If you believe your copyright has been infringed, you should submit notice to:

Roll Em Up Taquitos
16842 Von Karman Ave, Irvine, California 92606, US

Any such notice should include the following:

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Maryland, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.

LINKS

Links provided within the Roll Em Up Online Services will allow you to connect to other websites and services that are not under Roll Em Up control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.

ERRORS AND INACCURACIES

The Roll Em Up Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the Roll Em Up Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s or mobile device’s display of color or other product features is accurate.

SUBMISSIONS

Roll Em Up does not seek or accept unsolicited ideas. By submitting any material to us through any of the Roll Em Up Online Services, you expressly grant to Roll Em Up and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Roll Em Up and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.

FRANCHISE PROSPECTS

Certain materials on the Roll Em Up Online Services may describe the Roll Em Up franchise system. They do not constitute an offering for the sale of a franchise. Such offering is only commenced by our delivery of the Franchise Disclosure Document to you in compliance with the Federal Trade Commission Rule on Franchising and various state laws regulating the sale of franchise opportunities.

CHANGES/UPDATES

We will notify you of changes to these Terms by posting the amended terms on the Roll Em Up website at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of material changes to these Terms by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new terms, you should stop using the Roll Em Up Online Services, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days. Roll Em Up employees do not have the right to modify these Terms orally or otherwise. If any employee of Roll Em Up offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for Roll Em Up or speaking on our behalf.

MISCELLANEOUS

ENTIRE AGREEMENT

These Terms and the terms and conditions incorporated in these Terms by reference are the entire agreement between you and Roll Em Up.

SEVERABILITY

Except as provided in the Arbitration provisions above, if any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected.

NO THIRD-PARTY BENEFICIARIES

These Terms are between you and Roll Em Up. There are no third-party beneficiaries.

WAIVER

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.