DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?

Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the Text Message services.

THE TORCHY’S TACOS REWARDS PROGRAM

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN TORCHY’S TACOS REWARDS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT PARTICIPATE IN TORCHY’S TACOS REWARDS.

These Terms of Use apply to your access to, and participation in, Torchy’s Tacos Rewards, which is operated by Torchy’s Tacos in the United States. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Torchy’s Tacos for other products and services. Torchy’s Tacos reserves the right to change, modify, eliminate, terminate, discontinue and/or cancel Torchy’s Tacos Rewards, associated rewards and/or all or any portion of these Terms of Use or any policy, FAQ, or guideline pertaining to Torchy’s Tacos Rewards at any time and in its sole discretion without notice to you. Any changes or modifications will be effective immediately upon posting the revisions to www.torchystacos.com, and to the extent permitted by law, you waive any right you may have to receive specific notice of such changes or modifications. Your participation in Torchy’s Tacos Rewards confirms your acceptance of these Terms of Use and any such changes or modifications; therefore, you should review these Terms of Use and applicable policies and FAQs frequently to understand the terms and conditions that apply to Torchy’s Tacos Rewards. If you do not agree to the Terms of Use, do not use Torchy’s Tacos Rewards.

BECOMING A TORCHY’S TACOS REWARDS MEMBER

Torchy’s Tacos Rewards allows you to earn and/or receive Reward(s) . To become a Torchy’s Tacos Rewards member, you must: (1) Be at least 13 years old; and (2) enroll in Torchy’s Tacos Rewards at www.torchystacos.com or at www.ordering.torchys.com. Your Torchy’s Tacos Rewards membership is personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Torchy’s Tacos Rewards account that is personal to you. A unique and valid email address and phone number is required to register for Torchy’s Tacos Rewards account. A social media account may be required to complete actions to earn certain Rewards. Your Torchy’s Tacos Rewards account number may be required to be presented in connection with a transaction or activity. Torchy’s Tacos Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. There are no membership fees associated with Torchy’s Tacos Rewards.

EARNING AND USING REWARDS

Customers earn 10 points per $1 spent excluding alcohol, merchandise, and gift card purchases. Customer points expire 365 days after any given point was earned. No Rewards are earned until Torchy’s Tacos Rewards account is activated. Activation of any Torchy’s Tacos Rewards account is at the sole discretion of Torchy’s Tacos and requires, at a minimum, enrollment in the Program as outlined above and verification of the unique email address used in such enrollment. Rewards are issued by Torchy’s Tacos on a periodic basis and may not be identified to you in advance. Number, type and frequency of Rewards are based upon one or more factors, including without limitation the frequency of visits, the volume and type of purchases made, account usage, type of personal information provided, and type and amount of participation in and/or interaction with Torchy’s Tacos Rewards and/or activities, other Programs and/or applications. Purchases from a participating Torchy’s Tacos restaurant may be required to earn Rewards. Voluntary activities required to earn Rewards may include, among other things: (1) features that display your user name and/or status; and/or (2) contests, sweepstakes or other like activities subject to applicable rules and/or Program terms identified at the time. Certain activities may only be available to participants 18 years and older. Activities to earn Rewards do not count towards, and may not be combined with, activities described under other Programs. Activities tied to specific Rewards must be fully completed, as determined by Torchy’s Tacos in its sole discretion, and will result in a single Reward regardless of the number of times the activity is performed. Partial Rewards will not be issued. If a full Reward is not used when redeemed, no remaining balance will be refunded nor will any remaining balance be available for application toward future orders. Torchy’s Tacos Rewards accounts may be used to earn purchase-based Rewards a maximum of five times per day, with a minimum of two hours between each usage. Unless otherwise identified, a Reward will consist of the single serving size of the rewarded item. Torchy’s Tacos has the sole discretion to determine the size of the Reward.

When earned, Rewards will be identified on your My Account page located at www.torchystacos.com or at www.ordering.torchys.com, on your Torchy’s Tacos mobile app account page, and may also be printed on your Torchy’s Tacos restaurant receipt. Only one Reward may be redeemed per transaction. Rewards may not be redeemed in connection with catering orders. Rewards may not be redeemed for gift card or alcohol purchases. Rewards expire if not used by the applicable expiration date. Rewards are subject to change or substitution without notice. Rewards accumulated under Torchy’s Tacos Rewards are promotional and have no cash value. Rewards may not be exchanged for cash, any cash equivalent or any other products, or combined with other discounts or coupons. Rewards may be transferred if permitted by a Reward transfer program (if any) made available by Torchy’s Tacos. Transaction history cannot be transferred from one account to another. If you forgot to check-in with your unique loyalty QR code within the Torchy’s Mobile App, or Torchy’s Web App by logging into your loyalty account on TorchysTacos.com while making a purchase in a Torchy’s Tacos restaurant or online (a “visit”), you can get credit for your visit by emailing Torchy’s Tacos Rewards Support Team at tacorewards@torchystacos.com within 30 days of your transaction (limits apply: 1 per day, 2 per week and 4 per month.)

OTHER TORCHY’S TACOS REWARDS INFORMATION

Your Torchy’s Tacos Rewards membership has no cash value, is not a gift card or credit card, and is not valid if obtained from unauthorized parties, including without limitation through Internet auction sites. Notify us of a stolen Torchy’s Tacos Rewards membership account by contacting Torchy’s Tacos Rewards Support Team at tacorewards@torchystacos.com. Torchy’s Tacos may conduct test Programs from time to time in certain markets that may have additional/different Program terms than those described herein. Torchy’s Tacos has no obligation to expand or continue any test. Rewards may not be earned or redeemed if unexpected technical difficulties arise.

As a participant in Torchy’s Tacos Rewards, Torchy’s Tacos may automatically enroll you in other Programs that are complimentary to Torchy’s Tacos Rewards. Please read the Privacy Policy to understand how Torchy’s Tacos collects, uses and discloses information about guests, how to update or change your personal information and how we communicate with you.

Without notice to you, Torchy’s Tacos reserves the right to suspend any Torchy’s Tacos Rewards membership and/or terminate your account and/or your participation in the Program for any reason in its sole discretion, including without limitation if Torchy’s Tacos determines in its sole discretion that you have violated these Terms, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Torchy’s Tacos may, in its sole discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Torchy’s Tacos Rewards is terminated, then all accumulated Rewards in your account are void.

DISPUTE RESOLUTION RELATED TO TORCHY’S TACOS TEXT MESSAGING PROGRAMS

MANDATORY ARBITRATION

Except where prohibited by applicable law, in the event of any controversy or dispute (“claims” for purposes of this section) arising out of or relating to your use, participation in or access of any Torchy’s Tacos text messaging program(s) (including without limitation related to these Terms of Use and/or the Privacy Policy), Torchy’s Tacos and you shall negotiate in good faith to achieve a mutually satisfactory resolution. If any such claim is not resolved within thirty (30) days or such longer period as may be mutually agreed upon between Torchy’s Tacos and you, any other effort to resolve the dispute will be conducted exclusively by binding arbitration in accordance with the procedures set forth below. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL CLAIMS IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

ARBITRATION PROCEDURE

To the maximum extent permitted by applicable law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide Torchy’s Tacos with written notice of the event or facts giving rise to the claim within one (1) year of its occurrence. Except where prohibited by applicable law, any such binding arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, shall be conducted in English, and shall be held in the State of Texas, United States. One arbitrator shall be appointed in accordance with the rules of the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that Torchy’s Tacos may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas, United States, necessary to protect its rights or property pending the completion of arbitration.

FEES AND COSTS

Each party to any binding arbitration under these Terms of Use shall bear its own costs, fees, and expenses of arbitration.

Award

The arbitrator’s decision and award shall be in writing, and counterpart copies thereof shall be delivered to each of the parties simultaneously. In rendering such decision and award, the arbitrator shall not add to, subtract from or otherwise modify the provisions of these Terms of Use. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket expenses and statutory damages incurred, but in no event attorneys’ fees. Under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased.

LIMITATION OF OTHER PROCEEDING AND CLASS ACTION WAIVER.

No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Each party agrees that it will not file (nor will it cause any other person or entity to file) any suit, motion, petition, or otherwise commence any legal action or proceeding which may be submitted to arbitration pursuant to these Terms of Use; provided, however, that in the event a claim cannot, by applicable law, be subject to binding arbitration the parties hereto irrevocably submit to the jurisdiction of the state and/or federal courts in the State of Texas, United States, except where prohibited by applicable law. Upon the entry of an order dismissing or staying any such action or proceeding in a court, the party which filed such action or proceeding shall promptly pay to the other party the attorneys’ fees, costs, and expenses incurred by such other party prior to the entry of such order. BY AGREEING TO ARBITRATION IN ACCORDANCE WITH THIS PROVISION, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY ACTION AGAINST TORCHY’S TACOS REGARDING ANY CLASS CLAIM YOU MAY HAVE AGAINST TORCHY’S TACOS, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR TORCHY’S TACOS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

THIRD PARTY CONTENT, PRODUCTS AND SERVICES (INCLUDING ADVERTISING AND PROMOTIONS)

Torchy’s Tacos may provide third party content on the Services (including embedded content) and links to web pages and content of third parties, including Torchy’s Tacos branded and/or co-branded content and/or web pages (collectively, “Third Party Content”). We may also make our Services available to you through your use of services of third parties, such as Google, Facebook and Instagram. When you visit other sites via Third Party Content, or utilize the services of third parties, the terms and policies of the third party sites/services govern such third party site/services, including without limitation use of any of your account information that you choose to make available to such third party. It is your responsibility to determine when you are accessing Third Party Content or services. We do not control, endorse or adopt any Third Party Content or service, including the advertisements or promotions of any third party, and the inclusion of any link to and/or reference to Third Party Content or availability of Third Party service in connection with use of any Torchy’s Tacos Service does not imply Torchy’s Tacos’ endorsement, affiliation or adoption of the Third Party Content or service, and Torchy’s Tacos makes no guarantee as to its accuracy, completeness, reliability or suitability for your purposes. You agree to comply with all applicable laws, regulations and terms applicable to your use of any such third party services (for example, if you use Google voice assist services, you agree to comply with its Terms of Service. You acknowledge and agree that Torchy’s Tacos is not responsible or liable in any manner for Third Party Content or services.

LOCATION-BASED SERVICES

If you enable location-based services on your computer or other device in connection with your use of the Services, you expressly consent to Torchy’s Tacos and/or its Suppliers 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 identify your local restaurant, to provide personalized messaging or content and/or for marketing purposes by email, push notifications, online or in-app advertising or otherwise. Please see our Privacy Policy for further information and for details on how to opt-out of location collection.

FEEDBACK AND SUBMISSIONS

Submission of any remarks, suggestions, material, information, ideas or other communications (each a “submission”) to the Services, including those provided in connection with a Program or on a public-facing forum made available through the Services, will be maintained by Torchy’s Tacos, and at Torchy’s Tacos ‘s discretion shall be deemed to transfer to Torchy’s Tacos all present and future ownership and intellectual property rights in such submission. All submissions by you are voluntary. Torchy’s Tacos has no obligation to treat a submission as confidential or to compensate you in any manner for the submission. You agree that Torchy’s Tacos has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you in connection with a submission. If any court determines that Torchy’s Tacos does not retain exclusive ownership of any submission, then Torchy’s Tacos retains a royalty free, exclusive, perpetual, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submission throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. Please also review our Privacy Policy and applicable Program terms regarding use of your feedback and submissions.

OUR INTELLECTUAL PROPERTY

TORCHY’S, TORCHY’S TACOS, the Torchy’s Tacos logo, DAMN GOOD, DAMN GOOD TACOS, TACO JUNKIE, TORCHY’S TACOS REWARDS, and TACO DOJO are registered trademarks and/or the property of Torchy’s Tacos. All other Torchy’s Tacos trademarks, service marks, logos, domain names, trade or company names, or indicia of origin referred to on the Services are the property of Torchy’s Tacos or its affiliates or its licensors. In countries where any of Torchy’s Tacos’s trademarks, service marks, logos, domain names, trade or company names, or indicia of origin are not registered, Torchy’s Tacos claims other rights associated with unregistered trademarks, service marks, logos, domain names, company names, or indicia of origin. Other product or company names referred to on the Services may be the trademarks of their respective owners. You may not use any trademarks, service marks, logos, domain names, company names, or indicia of origin of Torchy’s Tacos or any third party without permission from the owner of the applicable trademarks, service marks, logos, domain names, company names, or indicia of origin. Your use of the Services does not create, and nothing contained in the Services shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in any intellectual property rights of Torchy’s Tacos. Non- Torchy’s Tacos-owned content may not be used without permission.

Unless otherwise indicated, the Services and all content therein including without limitation articles, text, photographs, images, illustrations, graphics, designs, information, video and audio material, and software, including the selection and arrangement thereof, are Torchy’s Tacos’s or its licensor’s proprietary property and are protected by copyright laws. You are granted a limited, personal, non-transferable, non-sublicensable, revocable license to access and use the Services, and all material therein, for personal, informational and consumer transactional purposes only, including the dissemination of content to the extent specifically allowed through any provided third party functionality made available through the Services that allow you to post content from the Services to your personal social media account(s). This limited license does not include the resale, commercial use, distribution, public display or performance of the Services or any materials therein, nor does it permit the modification or the making of derivative uses of the Services of any materials therein, reverse engineering of any Service for any purpose, or the use of any data mining, spiders, robots or similar data gathering or extraction methods thereon.

Material from the Services may not be copied, distributed, republished, downloaded, uploaded or transmitted in any way without the prior written consent of Torchy’s Tacos EXCEPT that you may download one copy of the material onto one computer for your personal, non-commercial home use only, provided you do not delete or alter any copyright, trademark or other proprietary notices. Unless otherwise set forth in a written agreement between you and Torchy’s Tacos, you are granted a limited, personal, non-transferable, non-sublicensable, revocable right to create text hyperlinks to the Services for noncommercial purposes, provided such links do not portray Torchy’s Tacos in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain obscene, pornographic, sexually explicit, illegal or otherwise objectionable material or damage or dilute the goodwill associated with trademarks, service marks, logos, domain names, company names, or indicia of origin of Torchy’s Tacos or any third party. In addition, the link must “point” to the URL www.torchystacos.com and not to other page(s) within the Services and the appearance, position and other attributes of the link may not create the false appearance that you, your organization or entity is sponsored by, affiliated with, or associated with Torchy’s Tacos. Torchy’s Tacos reserves the right to revoke this limited right at any time in its sole discretion.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

If you believe that any material available on or via the Services infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Please refer to 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If a notice of copyright infringement has been filed against material posted by you on the Services, you may make a counter-notification with our Designated Agent identified above. Please refer to 17 U.S.C. § 512(g)(3). If Torchy’s Tacos receives a valid counter-notification, it may reinstate the disabled or removed material in accordance with the DMCA. Torchy’s Tacos may terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers and may limit access to the Services and/or terminate the accounts of any user who may infringe the intellectual property rights of others, whether or not there is any repeat infringement.

Please refer to 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If a notice of copyright infringement has been filed against material posted by you on the Services, you may make a counter-notification with our Designated Agent identified above. Please refer to 17 U.S.C. § 512(g)(3). If Torchy’s Tacos receives a valid counter-notification, it may reinstate the disabled or removed material in accordance with the DMCA. Torchy’s Tacos may terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers and may limit access to the Services and/or terminate the accounts of any user who may infringe the intellectual property rights of others, whether or not there is any repeat infringement.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, AND ALL CONTENT THEREIN, AND ALL THIRD PARTY CONTENT ACCESSIBLE FROM OR THROUGH THE SERVICES, AND ALL PROGRAMS, ARE PROVIDED TO YOU “AS IS,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE INFORMATION THROUGH THE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION IS ALWAYS UP TO DATE OR THAT THE SERVICES CONTAIN ALL RELEVANT INFORMATION AVAILABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TORCHY’S TACOS, ITS SUPPLIERS AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND/OR AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS DISRUPTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF ANY PROGRAM MEMBER ACCOUNT(S), MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, ACCIDENTS, VIRUSES, MISUSE OR FRAUD, DELAYS IN OPERATION, TRANSMISSION OR FAILURES OF PERFORMANCE, DELETION OF FILES OR EMAIL, UNAUTHORIZED USES OF THE SERVICES OR DATA, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TORCHY’S TACOS’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL TORCHY’S TACOS’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY OR TORT, (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED YOUR ACTUAL OR DIRECT DAMAGES, OR $100, WHICHEVER IS LESS.

VISITORS OUTSIDE OF THE UNITED STATES

Torchy’s Tacos makes no representation that the information available through the Services is appropriate or available for use outside of the United States. Those who choose to access the Services from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.

GOVERNING LAW AND JURISDICTION

Access to and use of the Services and these Terms are governed by (i) the laws of the State of Texas, without regard to conflicts of laws principles (with respect to matters within the United States). Except as otherwise described in these Terms, and except where prohibited by applicable law, any legal action or proceeding relating to your access to or use of the Services or these Terms shall be instituted only in the federal and state courts in the State of Texas in Travis County. By accessing or using the Services, you consent to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action of proceeding, and except where prohibited by applicable law, by using, accessing or participating in the Services, you waive any claims that may arise under the laws of other countries, states, provinces, countries, territories, or jurisdictions.

MISCELLANEOUS

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not impact the validity and enforceability of the remaining provisions. If any clause or provision set forth in these Terms is determined be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions. Only a specific, written waiver of any of the provisions of these Terms, signed by an authorized representative of Torchy’s Tacos, shall have any legal effect. You may not transfer any of your rights or obligations under these Terms, in any way. All of Torchy’s Tacos’ rights and obligations under these Terms are freely assignable for any reason, including without limitation, in connection with a merger, acquisition, sale of assets, by operation of law or otherwise. Headings contained in these Terms are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction or scope of any of the provisions contained in these Terms.

FOR MORE INFORMATION

If you have any questions regarding these Terms, please contact Torchy’s Tacos Rewards Support Team at tacorewards@torchystacos.com.

© 2025 Torchy’s Tacos. All Rights Reserved.

DineEngine Terms of Use

Please read these terms carefully. They constitute a legally binding agreement between you and DineEngine.

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Chepri, LLC dba Dine Engine ("Company", "we", "us", or "our"), concerning your access to and use of the https://dineengine.io, https://ux.dineengine.io or other dineengine domain website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use, including the Services Agreement posted on the Site, which are incorporated into these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

User Representations

By using the Site, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update such registration information as necessary
• You have the legal capacity and you agree to comply with these Terms of Use
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site
• You will not access the Site through automated or non-human means
• You will not use the Site for any illegal or unauthorized purpose
• Your use of the Site will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Fees and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• PayPal

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

Cancellation

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at hello@dineengine.com or call us at 800-338-8102.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from us
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means
• Circumvent, disable, or otherwise interfere with security-related features of the Site
• Engage in unauthorized framing of or linking to the Site
• Trick, defraud, or mislead us and other users
• Make improper use of our support services or submit false reports of abuse or misconduct
• Engage in any automated use of the system, such as using scripts to send comments or messages
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
• Attempt to impersonate another user or person or use the username of another user
• Use any information obtained from the Site in order to harass, abuse, or harm another person
• Sell or otherwise transfer your profile
• Use the Site as part of any effort to compete with us or otherwise use the Site for any revenue-generating endeavor or commercial enterprise
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site
• Harass, annoy, intimidate, or threaten any of our employees or agents
• Delete the copyright or other proprietary rights notice from any Content
• Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site
• Use the Site in a manner inconsistent with any applicable laws or regulations

User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site (collectively, "Contributions").

When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display, or performance of your Contributions do not and will not infringe the proprietary rights of any third party
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your Contributions
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
• Your Contributions do not violate any applicable law, regulation, or rule
• Your Contributions do not violate the privacy or publicity rights of any third party
• Your Contributions do not contain any material that solicits personal information from anyone under the age of 18
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap

Contribution License

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

Mobile Application License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license.

Privacy Policy

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Canada.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be entirely performed within the State of Ohio, without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA").

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.