Terms and Conditions

Dated January 27, 2025

TERMS OF USE

AGREEMENT TO TERMS These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Hart Apps LLC (“Hart” “Company“, “we”, “us”, or “our”), concerning your access to and use of the Hart applications, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”, “Apps”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use.

Hart Apps offers a limited license to the restaurant to use it’s platform. When using this platform you are agreeing with the Terms outlined herein.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted

Age requirements

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using this site.

If you’re a parent or legal guardian, and you allow your child to use the, then these terms apply to you and you’re responsible for your child’s activity on the services.

INTELLECTUAL PROPERTY RIGHTS

The Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.

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

USER REGISTRATION TO PLACE AN ORDER

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

FEES AND PAYMENT

We accept the following forms of payment: – Visa – Mastercard – American Express – Discover – Loyalty Rewards. You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site. All purchases are non-refundable.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING

ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR

SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN USERS), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION WE MAY TERMINATE YOUR USE OR PARTICIPATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and

creating a new account under your name, a fake or borrowed name, or the name of any third party,

even if you may be acting on behalf of the third party. In addition to terminating or suspending your

account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason

at our sole discretion without notice. However, we have no obligation to update any information on our

Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or

discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or

other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or

errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the

Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever

for any loss, damage, or inconvenience caused by your inability to access or use the Site during any

downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us

to maintain and support the Site or to supply any corrections, updates, or releases in connection

therewith.

Disclaimer

The information, services, products offered for sale and materials contained in and/or advertised on lachocitagrill.com, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, La Chocita Grill and its suppliers do not represent or warrant that the information accessible via lachocitagrill.com is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

User Reviews and Other Comments

All reviews, comments and other submissions provided to La Chocita Grill on or about this site, or otherwise submitted in connection with your use of the Web site, shall be and remain La Chocita Grill ’s property. Such disclosure, submission or offer of any comments shall be deemed an assignment to La Chocita Grill of all worldwide rights in all intellectual properties relating to the comments.

You agree that no comments submitted by you to La Chocita Grill will violate any right of any third party, including copyrights, trademark, privacy or other personal or proprietary right(s). You further agree that no comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

You agree that we may use and/or disclose information consistent with our Privacy Policy.

Miscellaneous

These terms and conditions of use (the “Terms”) govern your use of our online interfaces and properties, including our websites and mobile applications, and any loyalty program or other program or services (collectively, the “Site”). Please read these Terms carefully before using this Site.

By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Us, you agree to and are bound by the terms, conditions, policies and notices contained in the Terms.

Loyalty Program

Loyalty Program (the ‘Program’) is a reward program to its membership, and all related benefits of the Program, including the use of the Program website or mobile application, are offered to you at our discretion. Your participation in this Program is subject to these Terms including any changes made to these Terms in the future. The Program is subject to cancellation or modification at any time without notice.

Eligibility

“Eligible Guests” must have a valid email address and telephone number. Eligible Guests must also have reached the age of majority in their jurisdiction of residence (but no younger than 18 years of age) as of the date of enrollment. The Program is provided to individuals only. Businesses, corporations, joint ventures, partnerships, groups, associations, and other non-personal entities are not eligible to participate in the Program. All memberships are non-transferable.

Enrollment

To become a member of the Loyalty Rewards, Eligible Guests must enroll, complete all required information, and successfully accept these Terms (each, a “Member”). Guests can choose to enroll in the Program through the program website, the mobile application, or an in-restaurant tablet application at participating locations, as available. The following Guest information is required to enroll in the program: full name, email address, phone number, and we may ask for your physical address (to perhaps complete a delivery) and zip code. We may require additional information in the future. If you do not want to provide this information, you do not have to provide it but you may be denied access to the Loyalty Program.

All information submitted must be truthful and accurate. It is your responsibility to ensure that the information provided remains current, and to promptly update your information. The Member is responsible for restricting access to and maintaining the confidentiality of his/her account and password and agrees to accept responsibility for the activities of anyone using the guest’s password. Any use or interaction with the Program is considered acceptance of these Terms.

Each Eligible Guest may only have one account. Two or more Members cannot combine or merge accounts for any reason

If a Member is suspected of fraud or theft or has otherwise acted illegally, or is in violation of these Terms, we may void membership, temporarily or permanently suspend the suspected account(s), and the Member may be prevented from creating a new account. If a membership is voided, all points and benefits earned or obtained through the Program are also voided without remedy unless otherwise determined our sole discretion.

We reserve the right to invalidate purchases credited to a Members account and associated points if it is determined that (a) points were incorrectly posted to a Member’s account, or (b) points were obtained fraudulently.

Please carefully note the restrictions listed in any offer as the ability to earn points for delivery purchases and certain online orders may be excluded from eligibility.

When a Member accumulates enough points for a reward, the Member has the option to use those points to obtain a reward. The amount of points required for rewards will vary. The use of points to obtain a reward is at the sole discretion of the Member.

If the Member chooses to use accumulated points to get a reward, the Member will select the reward item via the website, the mobile application, or an in-restaurant tablet application, and follow the prompts to submit the reward request. Upon selection of a reward to be redeemed, the points for the reward will be deducted from the accumulated point balance.

Rewards may not be used toward payment of tax or gratuity, or Gift Cards. Rewards have no cash value, are not for resale and are not redeemable for cash. We reserve the right to substitute a reward of equal or greater value for any reason. We reserve the right to delay the processing of any reward, without notice to you, in order to assure compliance with these Terms. Void where prohibited.

Program Communications

By enrolling into this Program, the Member is opting in to receive Program communications sent by email, in-app notifications and in-app messages. Members may choose to opt-out of receiving marketing email communications by clicking the Unsubscribe button contained in those emails. Even if you opt out of getting Program marketing messages, we will still send you transactional messages. Members may adjust their in-app notifications and messages preferences in their phone’s settings menu.

The terms of specific Program promotions will be disclosed at the time of the offering. Some Program promotions may include rewards based on the U.S. dollar amount you spend on purchases of food at participating restaurants.

Will not have any liability for (a) any printing, production, typographical, mechanical, or other errors regarding the earning, redemption or accumulation of participation credit or any other aspect of the Program; (b) any delay or failure to credit your account; or (c) any failure to provide Program communications.

Messaging Terms & Conditions

“You agree to receive informational messages (appointment reminders, account notifications, etc.) from Hart Apps LLC. Message frequency varies. Message and data rates may apply. For help, reply HELP or email us at Help@HartApps.com. You can opt out at any time by replying STOP.

Account Change or Cancellation

A Member may cancel membership Loyalty Program by contacting hart@hartspps.com Cancellation may take up to ten (10) business days to finalize. During that period, a Member may receive previously scheduled or triggered marketing or transactional emails. Immediately upon membership cancellation, a Member forfeits all Program reward and/or points. We reserve the right to deactivate any Member account that has not earned points on an eligible purchase in a period greater than twelve (12) months. If we believe a Member has two or more accounts, or the account(s) have otherwise been flagged to be associated with fraudulent activity, we reserve the right to suspend or deactivate any Member account(s) until the concern is resolved.

Program Change or Termination

We reserve the right, at our sole discretion, to (a) suspend, change or terminate the Program, any individual promotion, or any Member benefit, in whole or in part; (b) modify, limit or suspend the use and/or redemption of any participation credit, such as qualifying purchase credit, in any respect; (c) modify or change redemption procedures, including the amount of participation credit required for particular rewards; and (d) modify, limit or suspend the collection of participation points, including but not limited to imposing time limits and changes in participation points. A Member’s continued participation in the Program after any modification to the Program and/or these Terms will indicate your acceptance of any such modification.

Points Not Transferable

Members may not sell, transfer or assign Points, except as specifically permitted by us in each instance and a Member is only eligible to receive Points for Qualifying Purchases or other Point-earning opportunities or Promotions offered through us.

Ordering; Availability; Payment

You can purchase products and/or services on the Site. All prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the United States. We reserve the right, without prior notice, to discontinue or change specifications on products and/or services offered through the Site. We reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or delivery address. We will provide notification to the customer should such limits be applied. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.

All descriptions, images, features, specifications, products, and prices of products and/or services are subject to change at any time without notice. The inclusion of any products or services on a Site does not imply or warrant that these products or services will be available. We reserve the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any products or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any products or service. You acknowledge and agree that web and mobile ordering and the ability to purchase products or service is only available at participating locations (which locations are subject to change without notice). Once an order for any products or services is made on the Site, changes cannot be made to the order. There are no refunds. We may at our sole discretion issue a refund. If you ordered an item and have paid for it we will not make any change to the order and will not issue a refund.

You understand and agree that you are charged at the time you place your order for products or services. You further understand and agree that the transaction for the purchase of products or services is final and complete at the time you are charged. You agree to pay all charges incurred by you, on your behalf, or by your account through the Site. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete; (ii) charges incurred by you will be honored by your credit/debit card company or bank; (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes and fees; and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Third Party Websites

This Site may hyperlink to sites not maintained by us. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site and we make no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and we have no control over how your information is collected, used, or otherwise handled.

Mobile Application

The use our mobile application (“App”) requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from us, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third party fees associated therewith, including fees or information sent to or through the App. We do not warrant that the App will be compatible with your mobile device. If you download the App, we may send you special offers and messages. These in-App offers may have specific terms and conditions outlined in the offer. These in-App offers and in-App messages are integrated features of the App. If you do not wish to receive these in-App offers and in-App messages, you must delete the App. If you download the App, with your permission, we may also push notifications to your device. You will be able to opt out of push notifications in your device’s settings.

Disclaimer of Warranties

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. We make no representations about the reliability of the features of this Site, the Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. We make no representations regarding the amount of time that any Content will be preserved.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL WE OR OUR AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

We may, in our sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that we will have no liability to you if this Site is discontinued or your ability to access the Site or any transaction you may have previously done on the Site is terminated.

Assignment

We may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other person. Any attempt by you to do so is void.

These Terms constitute a binding agreement between you and Us and is accepted by you upon your use of the Site or your creating an account or transacting business of this site. These Terms constitute the entire agreement between you and Us regarding the use of the Site and your account. Both you and us acknowledge and agree that no partnership is formed and neither of you nor us has the power or the authority to obligate or bind the other. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. 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 of use and shall not affect the validity and enforceability of any remaining provisions.