Terms of Use
TERMS OF USE
Effective Date: February 25, 2025
These Terms of Use (“Terms”) apply to the websites of Islands Restaurants, LLC (the “Company” or “Islands” ) located at www.islandsrestaurants.com and all pages interconnected with such websites including, without limitation, the home page and all other pages under the same top level domain name and all content thereon (collectively, "Web sites" or "Sites") and to any of the products or services offered on the Web sites (“Services”). We may change the Terms from time to time, so please check back periodically. When you use our Web sites, you accept these Terms, including any changes that we make from time to time. If you do not agree to the Terms, please do not use our Sites or download any materials from our Sites.
Some of the Services may be subject to additional posted conditions and your use of those Services is subject to those conditions. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions will control.
Acceptance of the Terms of Use
Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at islandsrestaurants.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 Site.
THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MAY NOT USE THE SITE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE AND SERVICES.
Who is Authorized to Access the Site
This Site is offered and available only to users who are of legal age and status to form a binding contract and reside in the United States or any of its territories. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Islands and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
This Site is not intended to be accessed by any person who seeks or intends to access the Site for purposes of being a “tester” plaintiff or claimant, including individual consumers or attorneys (excluding government and law enforcement attorneys or investigators) who access the Site in order to investigate, evaluate, test, and/or assess the Site’s compliance with various state or federal consumer privacy laws (including, for example, to test or examine whether the Site discloses data to third parties without proper disclosure or consent), or for the purpose of creating, establishing, or gathering evidence to support claims against Islands under such laws. Even if you are accessing the Site for any other legitimate purpose besides being a “tester” plaintiff, you are NOT authorized or permitted to access the Site if one of the purposes for which you are accessing the Site is to investigate, evaluate, test, and/or assess the Site’s compliance with various state or federal consumer privacy laws or to create, establish, or gather evidence to support claims against Islands under such laws. By accessing the Site and accepting these Terms of Use, you agree that you are not accessing the Site for such purposes, and if you do access the Site for such unauthorized purposes anyways despite our clear indication to you of your lack of authorization, you agree and acknowledge that (a) you have no reasonable expectation of privacy in connection with your access to the Site, (b) you have consented to our disclosure of any data collection about you or your interaction with the Site to any third parties through cookies, pixels, web beacons, and other technology, and (c) you hereby waive and release Islands from any liability for any claims related to invasion of privacy or violation of state or federal wiretapping laws or consumer privacy laws in connection with your access to the Site.
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 Site by you after the change is posted to the Site. However, any changes to the dispute resolution provisions set forth in the “Arbitration” section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.
User-Generated Content
Islands may make certain Services available to visitors of the Sites. For example, you may be able to chat with other visitors or post comments. Visitors are solely liable for the user information and other content they post on and through the Sites. Users should be aware that when they voluntarily disclose personal information on or through the public portions of the Sites, that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people. Accordingly, visitors to and users of the Sites are strongly encouraged to exercise caution when providing information about themselves. We reserve the right, for any reason, in our sole discretion to terminate, change, suspend or discontinue any aspect of the Sites, including, but not limited to, content, features or hours of availability. We may also refuse, move, or remove any material you submit, impose limits on certain features of the Sites or restrict your access to part or all of the Sites. You agree that we will not be liable to you or any third party for taking any of these actions.
You agree that you will not use our Web sites or their content to take any of the following actions: (1) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Islands or any other person or entity; (2) publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; (3) transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, easter eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Web sites, software or hardware, third party Web sites or telecommunications equipment; (4) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material; (5) restrict or inhibit any other user from using and enjoying any public area within our Web sites; (6) collect or store personal information about other end users; (7) interfere with or disrupt our Web sites, servers, or networks; (8) impersonate any person or entity, including, but not limited to, an Islands’ representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (9) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Web sites or to manipulate your presence on our Sites; (10) take any action that imposes an unreasonably or disproportionately large load on our infrastructure; (11) send or post spam or other direct marketing communications or postings; (12) transmit or link to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (13) post submissions or use the Sites in such a way that damages the image or rights of Islands, other end users, or third parties; (14) transmit information that infringes any trademark, patent, copyright or other intellectual property right of any third party; or (15) engage in any illegal activities.
Accessing the Site
Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Web sites. We have no obligation to monitor any content on or through the Sites and we assume no obligation.
ISLANDS MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM ISLANDS OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. WE DO NOT WARRANT THAT OUR WEB SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR WEB SITES. OUR WEB SITEs AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) OUR WEB SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEB SITES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEB SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEB SITES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT. NEITHER WE NOR OUR AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEB SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR
THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Choice of Law and Forum
By using this Site, you agree that the laws of the United States and the laws of the State of California govern these Terms of Use and any claim or dispute you may bring against Islands You also agree that any arbitration arising from these Terms of Use will be held in accordance with the Federal Arbitration Act.
Subject to the Dispute Resolution procedure stated below, any legal suit, arbitration, action or proceeding arising out of, or related to, these Terms of Use or your use of the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California or before California arbitrators in each case located in the County of San Diego.
Arbitration and Dispute Resolution
By using this Site, you agree to try to settle any dispute with Islands arising from or related to your use or at the beginning of any arbitration process under this arbitration agreement, you and Islands will need to select an arbitrator by mutual agreement. The arbitrator shall be a retired federal judge or judge of the state court of general jurisdiction, or another qualified and impartial person that you and Islands decide upon. In the event you and Islands cannot agree on the selection of an arbitrator, Islands will select an alternative dispute resolution provider and request from that provider a list of an odd number of potential arbitrators. From that list you and Islands will alternatively strike arbitrators, with Islands going first, until one arbitrator is left. That arbitrator shall be the arbitrator who will hear the case. If you and Islands cannot agree on an alternative dispute resolution provider, an arbitrator will be appointed according to law. Payment of all filing, administration and arbitrator fees will be governed by the selected arbitrator’s or alternative dispute resolution provider’s applicable rules.
The arbitrator shall have the same authority as a state or federal court would have to issue subpoenas to third parties for production of documents and for depositions, in addition to subpoenas to appear at any arbitration hearing. In any arbitration proceeding under this arbitration agreement, all rules of pleading under the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings shall apply and be observed, unless you and Islands agree otherwise. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings shall be privileged. The arbitrator’s award(s) shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law.
You and Islands each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. This arbitration agreement shall not be construed to allow or permit the consolidation or joinder of claims of other claimants, or to permit such claims to proceed as a class, representative, or collective action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. No arbitrator shall have the authority under this arbitration agreement to order any such class or collective action. Any dispute regarding the validity, scope, or enforceability of this arbitration agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis.
The arbitral award will be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived.
Each party will bear its own fees, costs and expenses of the arbitration, and its own legal expenses, attorneys’ fees, and costs of all experts and witnesses, provided, however, that the arbitrator may award arbitration costs, including legal, auditing, and other fees to the prevailing party in the arbitration proceeding if the party prevails on a claim based on a statute or contract that provides for award of such attorneys’ fees and costs to the prevailing party.
Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or Confidential Information or to enjoin infringement or other misuse of intellectual property rights; or (d) to enforce any decision of the arbitrator, including the final award.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PERMITTED UNDER THIS AGREEMENT OR AS PROVIDED IN THE ARBITRATOR’S OR ARBITRATION AGENCY’S APPLICABLE RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ISLANDS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Waiver and Severability
No waiver by Islands of any term or condition set forth 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 Islands 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.
Entire Agreement
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Your use of the Sites is limited to personal and noncommercial use unless other uses are expressly granted to you. You may download or make a single copy of material from the Sites for your personal and noncommercial use. You may not copy, distribute, modify, transmit, reuse, re-post or otherwise display the content contained in the Sites for public or commercial purposes without the express written permission of Islands.
Unless otherwise indicated, the Websites and their content (including, but not limited to, all text, photographs, images, video, and audio) are the exclusive intellectual property of Islands and are protected by copyright, trademark, trade dress, and other laws. MANGORITA is a registered trademark of Anheuser-Busch, LLC and is used under license by Islands. The Sites contain content that we create as well as content provided by third parties. The Islands logo is a registered trademark and copyrighted work of Islands.
Your Comments and Concerns
This Site is operated by Islands.
All other feedback, comments, requests for technical support and other communications relating to the Site should be sent to webinquiries@islandsrestaurants.com or mailed to Islands Restaurants, LLC at 5760 Fleet St., Suite 100, Carlsbad, CA 92008.