Chipotle strives to ensure that the information contained on the Website is accurate and reliable. However, Chipotle and the Website are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to the applicable law, Chipotle makes no representations about the reliability of the features of this Site, the Chipotle Content (defined below), Submitted Content (defined below), or any other Site feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Chipotle is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Chipotle, and Chipotle does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by Chipotle prior to posting and Chipotle makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Chipotle makes no representations regarding the amount of time that any Chipotle Content or Submitted Content will be preserved.
The site is provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, Chipotle hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. Chipotle disclaims any and all liability for the acts, omissions, and conduct of any third party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the site and materials, programs, features, and services made available therein.
In no event shall Chipotle or any of Chipotle’s Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the site, even if Chipotle has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.
You agree to indemnify, defend, and hold harmless Chipotle, its affiliates, its providers, and its officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Site and/or materials, programs, features, and services made available therein.
COMMUNICATING WITH CHIPOTLE
This Site contains many valuable trademarks owned and used by Chipotle throughout the world. These trademarks are used to distinguish Chipotle’s quality products and services. The text, graphics, and html code contained on this Website are the exclusive property of Chipotle (“Chipotle Content”). Chipotle Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written content of Chipotle.
On certain areas of the Site, you may be able to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not Chipotle, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through this Site, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of Chipotle and Chipotle is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.
Chipotle hereby grants you permission to use the Site as set forth in these Terms, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without Chipotle’s prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with these Terms.
In order to access some features of the Site, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Chipotle will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Chipotle or others due to such unauthorized use.
The Chipotle Site may link to sites not maintained by or related to Chipotle. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with this Website or Chipotle. Chipotle has not necessarily reviewed the sites hyperlinked to or from this Website and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Chipotle makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from this Website. Furthermore, Chipotle does not implicitly endorse third-party sites hyperlinked to or from this Website.
TEXT MESSAGING NOTICE
If you choose to participate in any Chipotle promotion that may involve the use of text messaging (either sending or receiving), Chipotle will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).
VIOLATION OF THESE TERMS AND REMEDIES
You agree that Chipotle may, in its sole discretion and without prior notice, block and/or terminate your access to the Site, mobile app, programs, and/or services if Chipotle determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Chipotle. You also agree that monetary damages would be inadequate for such harm and consent to Chipotle’s obtaining any injunctive or equitable relief that Chipotle deems necessary or appropriate. These remedies are in addition to any other remedies that Chipotle may have at law or in equity.
If Chipotle takes legal action against you as a result of your violation of these Terms, Chipotle will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Chipotle. You agree that Chipotle will not be liable to you or to any third party for termination of your access to the Site, mobile app, programs, and/or services as a result of any violation of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms are governed by United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you or Chipotle in connection with your use of the Site or your Submitted Content, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to the conflict of laws rules thereof, and any matters or proceedings, shall take place in the State of Colorado, in the County of Denver.
These Terms constitute the entire agreement between you and Chipotle and govern your use of the Site and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Chipotle with respect to the Chipotle Site and services. Both you and Chipotle acknowledge and agree that no partnership is formed and neither you nor Chipotle has the power or the authority to obligate or bind the other.
The failure of Chipotle to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The failure of Chipotle to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Chipotle shall not be deemed a breach of this agreement. If Chipotle fails to act with respect to your breach or anyone else’s breach on any occasion, Chipotle is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Chipotle, and are accepted by you upon your use of the Site. This agreement constitutes the entire agreement between you and Chipotle regarding the use of the Site and the features therein. By using this Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.