Rubio’s Terms of Use and Rubio’s Rewards Terms and Conditions

Last Updated: January 8, 2023

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Rubio’s Restaurants, Inc. (“Rubio’s”, “we” or “us”). The following terms and conditions (these “Terms of Use”), constitute a legal and binding agreement between you and Rubio’s governing your access to and use of https://rubios.com (the “Website”), the Rubio’s Rewards Program (the “Rubio’s Rewards”), and our mobile applications that you download from an official mobile application store, such as the Apple App Store® or the Google PlayTM store (each, a “Mobile Application”) including any content, functionality and services offered on or through our Website, our Mobile Application, or the Rubio’s Rewards program (collectively, the “Services”), whether as a guest or a registered user. Your use of the Mobile Application is also subject to the End User License Agreement (“EULA”) that is available when you download the Mobile Application. Specific terms and conditions for your participation in Rubio’s Rewards is set forth below.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Please read the Terms of Use carefully before you start to use the Services. By using the Services 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 Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Services. If you do not want to agree to our EULA for your use of the Mobile Application, you must not download or use the Mobile Application, but you may still access our Website and participate in Rubio’s Rewards.

The Services are offered and available to users who are 13 years of age or older who are located in the United States or any of its territories or possessions. If you are not at least 13 years of age, you must not access the Services. If you are at least 13 years of age but less than 18 years old, your parent or guardian must review and accept these Terms and Conditions before you use our Services. Corporations, partnerships, limited liability companies, or other legal entities may not enroll in Rubio’s Rewards.

By using our Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website, enroll in Rubio’s Rewards, or use the App.

2. Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Any changes to these Terms and Conditions will also be posted here and available from links to these Terms and Conditions included on our Website or in the Mobile Application. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Website, Rubio’s Rewards, or the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you have an account, we may also notify you by email or otherwise as reasonably determined by us or required under applicable law. It is important that we have an up-to-date email address in your account so that we may notify you of such changes.

Additionally, we may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to Rubio’s Rewards, the Website, or the Mobile Application, or any portion thereof; (2) change, revise, or modify Rubio’s Rewards, the Website, or the Mobile Application or any portion thereof; (3) interrupt the operation of Rubio’s Rewards, the Website, or the Mobile Application or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to Rubio’s Rewards, the Website, or the Mobile Application; and/or (5) terminate the authorization, rights, and license given herein. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of Rubio’s Rewards and the App.

3. Accessing the Website or Mobile Application and Account Security

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

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website or Mobile Application (including providing your own mobile device and communications service to use the Mobile Application).
  • Ensuring that all persons who access the Website through your internet connection and your Mobile Application on your mobile device are aware of these Terms of Use and comply with them.

To access the Services or some of the resources offered through the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on or to the Services is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on or through the Services, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a user name (your email address), 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 the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name 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 user name, 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.

4. Intellectual Property Rights

The Website and the Mobile Application and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Rubio’s, its licensors 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 and Mobile Application 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 Mobile Application 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.
  • You may download a single copy of the Mobile Application to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our EULA for the Mobile Application.

You must not:

  • Modify copies of any materials from this site.
  • 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.

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

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease 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 the Mobile Application or any content on them is transferred to you, and all rights not expressly granted are reserved by Rubio’s. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. Trademarks

The Rubio’s Restaurants, Inc. name, the terms “Rubio’s,” “Rubio’s Rewards”,  “Rubio’s Coastal Grill,” “The Original Fish Taco,” and all related names, logos, product and service names, designs and slogans are trademarks of Rubio’s or its affiliates or licensors. You must not use such marks without the prior written permission of Rubio’s. All other names, logos, product and service names, designs and slogans on this Website, Rubio’s Rewards, or the App are the trademarks of their respective owners.

6. Prohibited Uses

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

  • 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 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Rubio’s, a Rubio’s employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or which, as determined by us, may harm Rubio’s or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Website or the Mobile Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or Mobile Application, including their ability to engage in real time activities through the Website or the Mobile Application.
  • Use any robot, spider or other automatic device, process or means to access the Website or the Mobile Application for any purpose, including monitoring or copying any of the material on the Website or Mobile Application.
  • Use any manual process to monitor or copy any of the material on the Website or the Mobile Application or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or the Mobile Application, the server on which the Website is hosted or otherwise used by the Mobile Application, or any server, computer or database connected to the Website or the Mobile Application.
  • Attack the Website or the Mobile Application via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

7. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. 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. 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.

This Website may include content provided by third parties, including materials provided by other users, bloggers and 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 Rubio’s, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Rubio’s. 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.

The Website and the Mobile Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Rubio’s is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Rubio’s does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

8. Changes to the Website and the Mobile Application

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

9. Information About You and Your Visits to the Website, and the Mobile Application

All information we collect on, through, or part of the Services is subject to our Privacy Notice. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

10. Online Purchases and Other Terms and Conditions

You agree that your order through the Website or the Mobile Application is an offer to buy, under these Terms of Use, all menu items listed in your order. All orders must be accepted by us or we will not be obligated to sell the menu items to you. We may choose not to accept orders at our sole discretion (such as if we have run out of a menu item), even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices posted on the Website or through the Mobile Application may be different than prices offered by us in our restaurants. All prices, discounts, and promotions posted on the Website or Mobile Application are subject to change without notice. The price charged for a menu item will be the price in effect at the time the order is fulfilled and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for delivery (if applicable). All such taxes and charges will be added to your menu items’ total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Payment must be received by us before our acceptance of your order. We accept all major credit cards for purchases. You represent and warrant that (a) the credit card information you supply to us is true, correct and complete, (b) you are duly authorized to use such credit card for the purchase, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including delivery charges and all applicable taxes, if any, regardless of the amount quoted on the Website or the Mobile Application at the time of your order.

You may be able to order select menu items on other websites, such as through third-party delivery services. Prices posted on such third-party websites may be different than prices offered by us in our restaurants, and are subject to the terms and conditions that apply to those third-party websites.

11. 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.

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, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • 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 cease. We reserve the right to withdraw linking permission without notice.

12. Links from the Website or within the Mobile Application

If the Website or the Mobile Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links to order menu items or other services. 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 from this Website or the Mobile Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. Geographic Restrictions

The Services are con