Terms of Use

Last updated: November 6, 2025

1. Agreement to Terms

These Terms of Use (the “Terms”) govern your access to and use of the website located at https://avilascdm.com (the “Site”), operated by Avila’s El Ranchito – Corona del Mar (“we,” “us,” or “our”). By accessing or using the Site (including browsing pages, submitting reservations or inquiries, placing online orders via linked third-party sites, or interacting with content), you agree to be bound by these Terms and our Privacy Policy and Accessibility Statement, each incorporated herein by reference. If you do not agree with any part of these Terms, you must not access or use the Site.

2. Eligibility

You affirm that you are at least 18 years old, or if under 18, you are using the Site with the involvement of a parent or legal guardian who accepts these Terms on your behalf. If you are younger than 13, you should not submit personal data to us. We do not knowingly collect information from children under 13.

3. Changes to the Terms

We reserve the right to modify, update or replace these Terms at any time in our sole discretion. We will post the revised Terms on the Site with a new “Last updated” date. Your continued use of the Site after the posting of changes constitutes your acceptance of such changes. You should frequently review the Terms to stay informed of any modifications.

4. Use of the Site

a) Permitted Use. You may use the Site for your personal, non-commercial use. You agree not to use the Site for any unauthorized or unlawful purpose.

b) Prohibited Conduct. You must not:

Violate any applicable laws or regulations;

Infringe our or others’ intellectual property rights;

Transmit any viruses, malware or harmful code;

Use any automated means (bots, spiders, scrapers) to access or collect data from the Site without our prior written permission;

Interfere with the Site’s security or functionality;

Post false or misleading information or impersonate others;

Use the Site to promote, solicit or conduct sales or other commercial activities not approved by us.

5. Online Ordering, Reservations & Third-Party Services

a) Ordering & Delivery. The Site may provide links to third-party platforms (e.g., ToastTab, DoorDash) for placing orders for food, beverage or merchandise. When you use such third-party services, you acknowledge and agree that: (i) your transaction is governed by that third-party service’s terms and privacy policy; (ii) we are not responsible for any delay, error, service interruption, or other issue arising from that third-party service; and (iii) all payments, delivery or fulfillment claims relating to the third-party service must be directed to that service.

b) Reservations & Event Inquiries. When you submit a reservation or event inquiry, such submission is not confirmed until we provide you with express confirmation. We reserve the right to cancel, modify or refuse any reservation or booking at our discretion. You agree to provide accurate and complete information when submitting reservations or event requests.

c) Pricing & Availability. All menus, prices, descriptions and availability displayed on the Site or via third-party platforms are subject to change without notice. We do not guarantee accuracy of such information.

6. Intellectual Property

All content on the Site—including text, graphics, logos, images, videos, menus, and design—is owned by us or licensed to us and is protected by copyright, trademark, and other intellectual property laws. You may view and print pages from the Site for your personal use only, provided you do not modify the content and retain all copyright and trademark notices. Any other use (such as reproduction, distribution, modification, public display) requires our prior written permission.

7. User-Generated Content

If you post or submit content to the Site (e.g., reviews, comments, photos), you grant us a non-exclusive, perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, translate and distribute that content in any media. You represent and warrant that you own or have the right to submit the content and that your submission will not infringe others’ rights. We reserve the right (but are not obligated) to monitor, remove or refuse any content that we believe violates these Terms or is otherwise objectionable.

8. Links to Other Sites

The Site may contain links to external websites or resources. These links are provided for your convenience only. We do not control, endorse, or assume any responsibility for the content, practices or privacy policies of any third-party sites. We recommend you review the terms and privacy policies of all websites you visit.

9. Disclaimers of Warranty

The Site is provided on an “AS IS” and “AS AVAILABLE” basis. We disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement or uninterrupted availability. We do not guarantee that the Site will be error-free, secure, or free of viruses or other harmful components.

10. Limitation of Liability

To the fullest extent permitted by law, we (and our affiliates, officers, directors, employees, agents and licensors) shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your access to or use of the Site, even if we have been advised of the possibility of such damages. Our total liability for any claim arising out of or relating to your use of the Site shall not exceed the lesser of (a) the amount you paid (if any) to use the Site or (b) USD 100.

11. Indemnification

You agree to defend, indemnify and hold harmless us and our officers, directors, employees, agents and licensors from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorneys’ fees) arising from your use of the Site or violation of these Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts-of-law provisions. Any dispute between you and us arising from or relating to these Terms or the Site shall be resolved exclusively in the state or federal courts located in Orange County, California, and you hereby consent to the jurisdiction and venue of those courts.

Alternative Dispute Resolution. At our option, we may require you to submit any dispute to binding arbitration under the rules of the American Arbitration Association, conducted in Orange County, California, with each party bearing its own costs unless the arbitrator awards otherwise.

13. Changes or Termination of the Site

We reserve the right at any time to modify, suspend, or discontinue all or part of the Site (including features, content or hours of availability) without prior notice. We may also restrict or terminate your access to the Site at our sole discretion, including if you violate these Terms or any applicable law.

14. Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the parties’ intent.

15. Waiver

No waiver of any provision of these Terms shall be deemed a continuing waiver or waiver of any other provision, and any failure to enforce any right or provision shall not constitute a waiver of future enforcement of that or any other right or provision.

16. Entire Agreement

These Terms (together with our Privacy Policy and Accessibility Statement) constitute the entire agreement between you and us regarding your use of the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.

17. Contact Us

If you have questions about these Terms, please contact us:

Avila’s El Ranchito – Corona del Mar

2515 East Coast Hwy, Corona del Mar, CA 92625

Email: coronadelmar@avilaselranchito.com

Phone: (949) 644-8226