Terms and Conditions

Terms and Conditions for Use of this Site

By using the webSite (“Site”) www.cocosbakery.com, or any other Site owned, operated, licensed, or controlled by Catalina Restaurant Group Inc. or any of its related, affiliated, or subsidiary companies (together, “Coco’s”), or downloading information (the “Materials”) from the Site, you agree and are subject to the following terms and conditions. If you do not agree to these terms, you should not use the Site or download materials from the Site.

RESTRICTED USE

Coco’s authorizes you to view, copy, print, and download the Materials at this Site provided the Materials are used for lawful, informational and noncommercial purposes only and that you do not delete from the Materials any of their original copyright, trademark and other such proprietary notices. This authorization is not a transfer of title in the Materials or in copies of the Materials. You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for public or commercial purposes. You may not transfer the Materials to any person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site, as it may be updated from time to time.

TRADEMARKS

Coco’s ® and any other mark designed by Coco’s with ® or with ™ or SM are federally registered, or are properly filed with the U.S. Patent and Trademark Office, and are trademarks or service marks of Coco’s. Unauthorized use of the registered logos, copyrights, pictures, designs, names or phrases is prohibited by law. All other trademarks which may appear at the Site are the property of the respective trademark owners.

LIMITATION OF LIABILITY

Neither Coco’s nor its directors, employees, representatives will be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure, nor will such individuals or entities be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence on Coco’s, it’s agents or contractors, or an authorized Coco’s representative has been advised of the possibility of such damages, or both. In no event shall Coco’s total liability to you for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) be greater than the amount you paid to access the Site.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Coco’s through the Site (together, the “Submission”) will forever be the property of Coco’s. Coco’s will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Coco’s operations. Without limitation, Coco’s will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Coco’s will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Coco’s, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

AUTHORIZED USE

Except as described otherwise, all materials in the Coco’s Site are made available only to provide information about Coco’s. Coco’s controls and operates this Site from its headquarters in Spartanburg, South Carolina, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations you are responsible for compliance with applicable local laws.

DISCLAIMER

The material in this Site could include technical inaccuracies or typographical errors. Coco’s may make changes or improvements at any time. THE MATERIALS IN THIS Site ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COCO’S DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COCO’S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS Site OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COCO’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS Site IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, YOU (AND NOT COCO’S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

EQUAL OPPORTUNITY EMPLOYER

Coco’s is an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must contact the designated

recruiting representative. For your information, Coco’s franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.

LINKING

This Site may be linked to other Sites which are not maintained by Coco’s. Coco’s is not responsible for the contents of those Sites. The inclusion of any link to such Sites does not imply endorsement by Coco’s of those Sites. Any creating by you of any kind of Hyperlink to the Site is not allowed without the permission of Coco’s. If you wish to obtain permission to hyperlink, please contact: Coco’s Restaurants, Inc., 2200 Faraday Avenue, Suite 250, Carlsbad, California 92008.

MISCELLANEOUS

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this Site. Coco’s can revise these Terms and Conditions at any time by updating this posting.

PRIVACY

Please see our Privacy Policy posted on the Site.

To the extent that any of the Sites accessible through Coco’s Web Site have different practices, these practices will be explained at that Site.

Spotlight Tags

Information about web site usage and visitors to our website is shared with a reputable third-party for the purpose of targeting our Internet advertisements in other sites. To do this, we use clear GIFs, or pixel tags, on this site, which allow us to recognize a browser’s cookie when a browser visits this site. The information we collect and share through this technology is not personally identifiable.

Transparent GIFs

We use clear GIFs, or pixel tags, provided by our ad serving company to help manage our online advertising. These clear GIFs allow our ad serving company to recognize a browser’s cookie when a browser visits this site. This allows us to learn which ads bring users to our website. The information we collect and share through this technology is not personally identifiable (it does not include your name, address, telephone number or email address).