Blake’s Lotaburger® Privacy Policy and Terms of Use

 

Privacy Policy:

Last modified: July 7, 2022

Introduction                                                                                                   

At Blake’s Lotaburger® (“Company,” “Ourselves,” “We,” “Our,” and “Us”), accessible from www.lotaburger.com, we respect your privacy and are committed to protecting it through our compliance with this policy (“Privacy Policy”). In this Privacy Policy, “You” and “Your” refers to you, the person who uses this website. This Privacy Policy does not cover practices of companies we do not own or control, or people we do not manage, including our third-party merchandise printing and fulfillment contractor or our merchant transaction processor.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website www.lotaburger.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website;
  • In email, text, and other electronic messages between you and this Website;
  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website;
  • Though mobile and desktop applications, including our application (the “Application”) you download from third parties such as Google or Apple’s Application Store;
  • When you subscribe to our Loyalty Program;
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy;
  • Information provided to us by third-party companies that engage our services;

It does not apply to information collected by:

  • Third-party companies related to your possible interaction with them (employment or otherwise). Please refer to the respective third-party companies’ privacy policies on how they handle your personal information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see the Changes to Our Privacy Policy section below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

 

Definitions

For purposes of this Privacy Policy:

“Account” means a unique account created for You to access our Service or parts of our Service.

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

“Application” means the software program provided by the Company downloaded by You on any electronic device, named Blake’s Lotaburger.

“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Blake’s Lotaburger, LLC, 3205 Richmond Dr NE, Albuquerque, NM 87107.

“Device” means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

“Personal Information” or “Information” is any information that relates to an identified or identifiable individual.

“Service” refers to the Application.

“Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

“Third-party Social Media Service” refers to any website or any social network website through which a User can log in or create an account to use the Service.

“Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age, and is targeted to individuals residing in New Mexico, Texas, and Arizona. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, use any of the interactive features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at (505) 884-2160, or refer to https://www.lotaburger.com/contact/.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, (“Information” or “Personal Information”) including:

  • Information by which you may be personally identified, such as name, address, address and zip code, e-mail address, telephone number, and the date and month of your birthday for use towards our loyalty program (“Loyalty Program”);
  • The last four digits of any credit cards used through our credit card processor for any in-store or online purchases of food on our Website.
  • Usage details;
  • The pages of our Services that you visit;
  • The time and date of your visit and the time spent on those pages;
  • Unique device identifiers and other diagnostic date;
  • Information regarding your location, to provide features of our Service, to improve and customize our Service, and which may be uploaded to the Company’s servers and/or a Service Provider’s server or which may simply be stored on your device
  • Information that you provide by accessing and signing in filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our Loyalty Program, or requesting further services. We may also ask you for information when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Information from forms submitted on this website. This information may include but is not limited to name, address, email address, and phone number. Information collected is used for ongoing customer service and support. We do not share this information with any third-party unless it is to be used for our direct marketing, messaging, or fulfillment purposes.
  • Information that is about you but individually does not identify you; and/or
  • Information about your internet connection, the equipment you use to access our Website, Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, and other usage details.

We may also collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users’ means of connection to our Website, such as the operating system and the Internet service providers utilized and other similar information. We also collect geolocation data such as real-time information about the location of your device (GPS and network-based), even when the Application is closed, to enable the locations and directions features.

Additionally, we may collect Information that your browser sends whenever your visit our Service or when you access the Service by or through a mobile device.

We collect this Information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.
  • From third parties, for example, our business partners, affiliates, advertising partners, , and third-party companies.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies 

As you navigate through and interact with our Website, we may use automatic data collection technologies and third-party services (Google Analytics, Yandex Matrica, Facebook Analytics, and other similar platforms) to collect certain information about you, your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

When you use our Application, we also may collect certain information by automated means, such as through device logs, server logs and other technologies. The information we collect in this manner may include the device type used, the mobile operating system, device identifiers and similar unique identifiers, device settings and configurations, IP addresses, battery and signal strength, usage statistics, referring emails and web addresses, dates and times of usage, actions taken on the mobile application, and other information regarding use of the mobile application. In addition, we may collect your device’s geolocation information. Your device’s operating platform may provide you with a notification when the mobile application attempts to collect your precise geolocation. Please note that if you decline to allow the Application to collect your precise geolocation, you may not be able to use all of the Application’s features or the offers available through the Application.

The information we collect automatically may include Personal Information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Develop our Loyalty Rewards Program.
  • Develop our E-Mail System.
  • Develop Short Message Service (SMS) System—currently, LOTA Rewards, which shall prompt Users with the following message upon subscription to our SMS System:
    • “Message and data rates may apply. Message frequency may vary. Reply STOP to cancel.”
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. The cookies we use are “analytical” cookies. Some of the common uses for our cookies are as follows: (i) to recognize and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our Website works, for example by ensuring that users are finding what they are looking for easily; (ii) to identify and authenticate a user across different pages of our Website, within our own Website, in a session or across different sessions. This is so that the user does not need to provide a password on every page the user visits; and (iii) to be able to retrieve a user’s previously stored data, for example, information that the user previously submitted to the Website, so as to facilitate reuse of this information by the user. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain or any parts of our Website, or use our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. For more information on how to opt out of cookies, please refer to the “Opting Out of Cookies” section in this Privacy Policy.
  • Flash Cookies. Certain features of our Website may use local stored objects (or “Flash cookies”) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • A “pixel” or “tag” can be placed on a website or within an email for the purposes of tracking your interactions with our services or when emails from us are opened or accessed by email recipients. Pixels are often used in combination with cookies.

We may tie this Information about you that we collect from other sources or you provide to us. We will generally refer to cookies, flash cookies, and pixels as “cookies” in this Policy.

How We Use Your Information

We do not sell, rent, or trade your Personal Information to third parties other than as disclosed in this Privacy Policy at the time you provide your information. We use information that we collect about you or that you provide to us, including any personal information:

  • To maintain our Website: To provide and maintain our Website, its Services, and its contents, including to monitor the usage of our Service.
  • To manage your Account and our Loyalty Program:To manage your registration as a user of the Service. The Personal Information you provide can give you access to different functionalities of the Service that are available to you as a registered user.
  • For the performance of a contract:To facilitate the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Service.
  • To contact you:To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • For news and special offers: To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
  • To manage your requests:To attend and manage your requests to us.
  • For business transfers:We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Service users is among the assets transferred.
  • For notification purposes: To notify you about changes to our Website or any products or services we offer or provide though it.
  • For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

Third-party companies and individuals provide or facilitate certain aspects of the services offered through the Website on our behalf. We may provide these third-party service providers with access to your information, including your Personal Information, so that they can perform these services for us. We require these third-party service providers to provide safeguards for your Personal Information similar to the ones that we provide.

The following are some examples of how we share your information with third-party service providers:

  • We retain third-party service providers to help us perform data analytics regarding your interactions with the Website. For example, Google Analytics may track what pages users visit on the Website, and what services users request to determine how users use the Website.
  • In some cases, these third-party service providers may in turn share your Personal Information, such as your name and email address, with other third parties for their marketing-related purposes. If you wish to opt out of having your Personal Information shared with such third parties, you may contact such third parties at the following support links:
    • Printful: https://www.printful.com/contacts
    • WooCommerce: https://woocommerce.com/contact-us/
    • OLO, Inc.: https://www.olo.com/contact/
  • We may disclose your Personal Information to an attorney in the process of obtaining legal advice.
  • Any credit card data you may provide to us through merchandise purchases on our Website are housed entirely on the websites of third-party service providers, and are not accessible to us. The third-party company we utilize for merchandise printing and fulfillment is Printful, headquartered at 11025 Westlake Drive, Charlotte, North Carolina 28273. Printful is integrated with WooCommerce, another third-party company which maintains merchandise transactions made our Website, as well.
  • Certain information you provide to us, including your Personal Information and any credit card data you may provide to us through our online ordering platform may be shared with our online ordering platform company, OLO, Inc., headquartered at One World Trade Center, 82nd Floor, New York, New York 10007.

 

We may also share Your Personal Information in the following situations:

  • For business transfers: We may share or transfer your Personal Information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
  • With business partners: We may share your information with our business partners to offer you certain products, services or promotions. Our business partners maintain their own privacy policies.
  • With other users: When you share Personal Information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a Third-Party Social Media Service, your contacts on the Third-Party Social Media Service may see your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.
  • With Your consent: We may disclose your Personal Information for any other purpose with your consent.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can also set your preferences within the cookie notice or by updating such preferences accordingly via the relevant consent-preferences widget, if available. It is also possible, via relevant browser or device features, to delete previously stored cookies, including those used to remember your initial consent. Other cookies in the browser’s local memory may be cleared by deleting the browsing history. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes.If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions, or simply use the unsubscribe link.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Username, Password and Access to Your Account

You can review and change your Personal Information by logging into the Website and visiting your account profile page.

You are solely responsible for managing your username and password and for keeping your password confidential. No one from the Company will be authorized to provide you your password. If you forget your username or password, click on the “Forgot Your Password” link, or contact us via the Contact Us section of the Site to request your username or password. For your privacy, we do not have access to your password information. However, we can reset it for you so that you can update your account with a new password. You are also solely responsible for restricting access to any computer or mobile device you use to access your account on the Website. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.

You may also contact us at www.lotaburger.com/contact  to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If we provide you with, and you opt for a “Remember me” feature for your account, , a cookie helps us recall certain items of your specific information on subsequent visits, including your username and password. When you return to your account, the information you previously provided can be retrieved, so that it is not necessary to enter your username and password to access certain functionality. While cookies are a convenience, please remember that if you elect the “Remember Me” option, anyone who can access the computer or mobile device you are using will have the ability to access your account for certain functions and view certain information about your account.

 

Retention of Your Personal Information

The Company will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Information

Your information, including Personal Information, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Security of Your Personal Information

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Our Service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Cookies

Blake’s Lotaburger uses “cookies.” These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information. For more information on cookies and how they are used by us on our Website, please refer to the “Information We Collect Through Automatic Data Collection Technologies” section in this Privacy Policy.

For more general information on cookies, please read the “What Are Cookies” article on Cookie Consent website.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or features, including advertisements, on the Website are served by third-parties, including advertisers, advertisement networks and servers, content providers, plug-ins, live chat platforms, database management, support and feedback platforms, user experience management, and application providers. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Cookie Duration

The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Each category of cookie listed above is either a session cookie or persistent cookie.

We use “persistent cookies” to save information about you for longer periods of time, such as your username and login password for future logins to the Website. We also use “session cookies” to collect and store information about you for short periods of time, such as information about your interactions with the Website. Session cookies are deleted after you close your browser.

The retention period applicable to persistent cookies depends on the purpose of the cookie collection and tool used. You can delete cookie data as described below.

Opting Out of Cookies

As described in this Privacy Policy, we use third-party analytics providers to collect information about the effectiveness of our services and marketing campaigns. Some of the third parties that provide such cookies allow you to opt-out of their processing directly, as further described on their websites below:

  • Bing: http://choice.microsoft.com/
  • Google Analytics: https://tools.google.com/dlpage/gaoptout (requires you to install a browser add-on)
  • Hotjar: https://www.hotjar.com/legal/compliance/opt-out
  • Optimizely: https://www.optimizely.com/legal/opt-out/
  • Quantcast: https://www.quantcast.com/opt-out/
  • io: https://segment.com/docs/legal/privacy

Log Files

Blake’s Lotaburger follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.

Changes to Our Privacy Policy

We may update our Privacy Policy from time to time. It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

GDPR

All users of the Website shall comply with all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Terms, including the European Union General Data Protection Regulation 2016/679 (“GDPR”), in each case including all other successor legislation and regulation thereto.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Blake’s Lotaburger, LLC

3205 Richmond Drive NE

Albuquerque, New Mexico 87107

Terms of Use:

Last modified: July 7, 2022

Acceptance of the Terms of Use

These terms of use provide third-parties (“You”) with access to certain services (“Services”) provided by Blake’s Lotaburger (“Company,” “We,” or “Us”). The following terms and conditions, together with any documents they expressly incorporate by reference, including the Blake’s Lotaburger Privacy Policy (collectively, “Terms of Use”), govern your access to and use of www.lotaburger.com, including any content, functionality, and services offered on or through www.lotaburger.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.lotaburger.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the “Governing Law and Jurisdiction” section of the Terms of Use will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on or in connection with the Website, including our Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, via www.lotaburger.com/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, trademarks, service marks, and the design, selection, and arrangement thereof) are owned by the Company, its licensees, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or any portion of the Services, use of the Services, or access to the Services or any contact on the Website through which the Services are provided without express written consent from us, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from the Website.
  • Modify, translate, create or attempt to create derivative copies of or copy the Website in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Website to source code form; (iii) distribute, sub-license, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Website or the licensee’s rights to use the Website.
  • Distribute materials from this site to any other site, including other job boards, social media, and search engines.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Create frames around our Website pages that alter in any way the visual representation or appearance of our Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to:www.lotaburger.com/contact

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. All intellectual property rights are reserved.

Trademarks

The Company name, the terms, the Company logos and marks, other logos and marks, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company, its affiliates, licensees, or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Copyrights

The Company may use third-party copyrighted works on the Website as authorized by its licensees. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to the address and/or email address designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please send your DMCA notice to:

Blake’s Lotaburger, LLC

3205 Richmond Drive NE

Albuquerque, New Mexico 87107

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers of applicable intellectual property laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional material without our, our licensor, or licensees’ prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • To impersonate or attempt to impersonate or represent that you are affiliated with the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability;
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • For any obscene or immoral purpose; or
  • To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful federal, state, or local act, law or ordinance;
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes, and may be controlled by licensors and other third parties. This Website includes content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk, and you may be required to follow up directly with third-parties to verify such information. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Background Checks

The Company nor any of its affiliates conduct background checks on any user of the Website or as part of any Services offered. However, upon application of employment or other engagement with a third-party licensee of the Website, that third-party or licensee may conduct background checks as part of its recruitment efforts. The Company does not control any aspect of this background check process, and users are directed to follow up directly with the licensee or appropriate third-party.

Employment Matters

You acknowledge and agree that we neither dictate nor control labor or employment matters of third-parties and licensees of the Website, and its employees, agents, contractors, and subcontractors. Such third-parties and licensees are exclusively responsible for labor and employment relations with their employees, agents, contractors, and subcontractors, and you. Submitting an application for engagement or employment through the Website is not an application of employment with the Company.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not share any material you find past the log-in screen, including material related to job postings and information related to third-parties.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Without authorization, repost content on the website to social media websites, job boards and other career databases, and elsewhere on the internet.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions at any time. By continuously linking to our Website, you agree to be bound to and follow these terms and conditions.

Links from the Website

If the Website contains links to other third-party sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that information and files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PARTIES ON THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR TO REVIEW OR VET ANY SERVICES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. THE COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification and Release

You agree to release, defend, indemnify, and hold harmless the Company and its affiliates and subsidiaries, and their respective officers, directors, shareholders, members, managers, partners, employees, agents, and representatives, past and present, from and against any claims, inquiries, proceedings, investigations, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Website or your violation of these Terms of Use; (b) your interaction with any use, third-party, licensee, or any other party who also uses the Website; (c) your User Contributions; and (d) the request or receipt or offer or provision of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If you are not a California resident, you waive your rights under any statute similar to Section 1542 that governs your rights in the jurisdiction of your residence. [NOTE: SHOULD THIS BE INCLUDED HERE/IN ALL TERMS OF USE [E.G. Does California require this disclosure in all terms of use?]

Initial Dispute Resolution

Most disputes can be resolved without resort to litigation. You can reach us at hr@lotaburger.com The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. [NOTE: PLEASE CONFIRM]

Geographic Restrictions

The owner of the Website is based in the States of Delaware, New Mexico, Texas, and Arizona in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction [NOTE: PLEASE CONFIRM]

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Exception: Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Class Action Waiver

The parties further agree that the arbitration 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. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 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 provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Contacting You and E-SIGN Consent

You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website. With your consent, our Affiliates and business partners may also contact you by telephone, email, regular mail, or through text messages. If you have agreed to receive text messages or telephone calls from us or our Affiliates or business partners, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by logging into the Website and using the “unsubscribe” link.

Disability Policy

This website is undergoing construction and corrective action to address accessibility issues experienced by some of our customers.  Blake’s Lotaburger has adopted the W3C WAI Web Content Accessibility Guidelines (WCAG) as its accessibility standard for all online products and services that we design, develop and/or procure, on or after the effective date of this accessibility policy.  We are working to ensure, to the extent practicable, the new online products and services satisfy the standard Success Criteria set forth in the WCAG 2.0.  Blake’s Lotaburger is committed to making its website as accessible to customers with disabilities and welcomes suggestions for improvement.  While we strive to make the website as accessible as possible, we ask for your patience during this time of transition.  Please also notify us of any deficiencies that you experience so that we may promptly address them.

Miscellaneous

The Company nor you shall be liable to the other for any delay or failure in performance under the Terms of Use arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, pandemics and epidemics, unavailability of necessary utilities, blackouts, acts of God, hacking, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.

We may assign and/or transfer all or part of these Terms of Use without notice to you. We are then released from all liability. You may not assign or transfer these Terms of Use without our prior written consent and any attempted assignment will be void.

Entire Agreement

The Terms of Use, our Privacy Policy, and if applicable, any services agreement, constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by:

 

Blake’s Lotaburger, LLC

3205 Richmond Drive NE

Albuquerque, New Mexico 87107

Help: https://www.lotaburger.com/contact/