- DISPUTE RESOLUTION POLICY
- OWNERSHIP OF MATERIALS
- YOUR LICENSE TO USE MATERIALS ON OUR SITES
- USER FORUMS
- USER FORUM RULES
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS
- COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
- MERCHANDISE AND GIFT CARDS
- THIRD PARTY LINKS AND CONTENT
- LINKING POLICY
- MOBILE ACCESS & APPLICATIONS
- YOUR WARRANTIES
- OUR DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY; WAIVER
- CONTACT US
DISPUTE RESOLUTION POLICY
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CALLING DEL TACO’S CUSTOMER SERVICE DEPARTMENT AT800-852-7204. IN THE UNLIKELY EVENT THAT DEL TACO'S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW.ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. DEL TACO WILL PAY ALL ADMINISTRATIVE COSTS OF THE ARBITRATOR, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER,IN ARBITRATION, BOTH YOU AND CIC WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
(a) Del Taco and you agree to arbitrate all disputes and claims between us arising out of this Agreement, use of the Sites, or products, services,or programs you purchase or enrol in via the Sites or through mobile application, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate otherwise includes, but is not limited to: claims based in contract,tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of acertified class; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to "Del Taco," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information under this or prior Agreements between us relating to or arising from any aspect of your use of the Sites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that,by entering into this Agreement, you and Del Taco are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice''). The Notice to Del Taco should be addressed to: General Counsel, Del Taco, 25521 Commercentre Drive, Lake Forest, CA 92630 ("Notice Address''). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Del Taco ("Demand''). If Del Taco and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Del Taco may commence an arbitration proceeding.During the arbitration, the amount of any settlement offer made by Del Taco or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Del Taco is entitled. The arbitration proceedings shall remain confidential.
You may obtain more information about arbitration from www.adr.org.
(c) After Del Taco receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The filing fee currently is $200 for claims under $10,000, but is subject to change by the arbitration provider. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
All issues are for the arbitrator to decide, including the scope and enforce ability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforce ability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. The arbitrator shall be bound by the terms of this Agreement. Unless Del Taco and you agree otherwise,any final arbitration hearings will take place in the county (or parish) of your billing or registered address. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Except as otherwise provided for herein, Del Taco will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Del Taco for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(e) YOU AND DEL TACO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASSMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void.
(f) Notwithstanding any provision in this Agreement to the contrary, we agree that if Del Taco makes any change to this arbitration provision(other than a change to the Notice Address) after your enrolment in a service or program, you may reject any such change and require Del Taco toad here to the language in this provision as written at the time of your enrolment or purchase if a dispute between us arises
OWNERSHIP OF MATERIALS
YOUR LICENSE TO USE MATERIALS ON OUR SITES
The Sites may offer message boards or other interactive areas ("User Forums") where users may share their comments, opinions, information,materials, and other user-generated content (each, "User Content").
a. Rights You Grant to Us. If you submit User Content (including by e-mail or text message) you: (1) grant to Del Taco an irrevocable, worldwide,nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, copy, modify, incorporate in other works, create derivative works from, publish and perform that User Content and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed, without any compensation to you, and (2) waive all of your moral rights in that User Content to the fullest extent permitted by law.
b. No Obligation to Prescreen/Monitor. You agree and understand that we are not obligated to post, keep or use your User Content We do not have any obligation to prescreen, monitor, edit, or remove any User Content. However, we retain the right (but not the obligation), in our sole discretion to do so.
d. No Product Ideas Please. It is our policy not to accept product ideas or suggestions other than those we have specifically requested and to which certain terms and conditions may apply. This is to avoid any misunderstandings if your ideas are similar to products we have developed or are developing independently. Accordingly, Del Taco takes no responsibility for any ideas so transmitted.
e. Representations You Make to Us. You represent and warrant to Del Taco that your User Content: (1) is not confidential and that you have all necessary permissions to submit such User Content; and (2) does not infringe upon, misappropriate or violate the rights of any third parties,including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.
USER FORUM RULES
The following rules are here to help you understand the conduct that is expected of you when you participate in User Forums. Your participation in any User Forum is subject to the following:
Please remember that User Forums are public and User Content will be accessible and viewable by other users. Do not post personal information about yourself or any third party (e.g., full name, password, phone number, address, e-mail address or other contact information).
All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content.
No pictures or images of anyone but you, your friends and family.
If you upload photos, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know butonly with their express permission to post it.
Your User Content must not contain any music unless the work and performance is original with you and/or you have all rights to the musical work(including any performances).
Do not include any visible logos, phrases or trademarks.
Your User Content should be intended to add to the discussion and community (this is not the place to discuss politics, religion, or private matters).
Please follow codes of social decency.
Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender,sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
Your User Content may not promote a product or service.
No inappropriate or illegal activity.
Your User Content may not promote any illegal activity or violence nor may it describe how to perform a violent or dangerous act.
Do not post User Content that you know is false, fraudulent, deceptive, misleading or that misrepresents your identity or affiliation with a person or company.
User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system.
If you register with us, you agree to accept responsibility for all activities that occur under your account or password and are responsible for maintaining the confidentiality of your password. Del Taco reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
SWEEPSTAKES, CONTESTS, AND PROMOTIONS
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
Del Taco has a designated agent for receiving notices of copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Del Taco copyright agent the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Del Taco copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Jack Tang
Mailing address: 25521 Commercentre Drive, Suite 200
Lake Forest, CA 92630
Phone number: (949) 462-7324
Fax: (949) 616-5002
E-mail address: [email protected]
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
MERCHANDISE AND GIFT CARDS
No refunds will be provided for Gift Cards.
Merchandise will be replaced with the identical item free of charge under the following conditions only:
Merchandise was received by you defective or damaged in shipping.
Identical replacement item is available.
You notify us and request a replacement within three (3) days of receiving the item.
Refunds for Merchandise will be provided under the following conditions only:
Merchandise is returned to us in unused, unopened, and salable condition.
You ship the Merchandise back to us at your expense.
Shipping fees will not be refunded.
Payment is by credit card only. Currently, we accept American Express, Visa and MasterCard for Merchandise and Gift Card purchases. We may also, atour discretion, accept payment via mobile application. Cash, personal checks and cashiers/certified checks, money orders, or any other form of payment will not be accepted.
By purchasing Merchandise or Gift Cards and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the required fee, including via mobile application. Furthermore, you agree and authorize us to: (i) submit a transaction using the card information provided, (ii) in the case of a recurring or serial transaction, utilize the payment information previously submitted to us, (iii) if necessary, obtain updates from card issuers for cards provided to us, (iv) if necessary (and applicable) bill your mobile carrier via a mobile application if you authorize us to do so; (v) and retain any credit card or payment information or other information obtained in connection with your account. If Del Taco does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time.
It is your responsibility to verify the items, quantities, costs, shipping fees, tax, payment method, and shipping address of your order prior to submitting your order for credit card authorization.
The cost of each Gift Card varies based on the denomination.
From time to time free bonus gifts may be offered with Merchandise and/or Gift Card purchases. All free bonus gifts are available for a limited time, unless otherwise noted, and are limited to supply on hand. Free food offers will be provided in the form of coupons, or other items valid at participating Del Taco locations, and may have an expiration date. Expiration dates, if applicable, will be disclosed before purchase, and will be clearly printed on the coupons, or items in question.
From time to time discount codes may be published for use on the Sites. If you wish to redeem a published discount code, you must enter it prior to submitting your order. Adjustments will not be made after your order has been submitted for credit card approval.
No back orders will be taken. If an item you ordered is not in stock, the out of stock item will be removed from your order. The in stock items in your order will be filled and shipped, and your credit card will be charged the adjusted order amount. Your order may, or may not contain a packing slip explaining this adjustment has taken place.
Product prices do not include any sales, use, privilege, excise, or any other tax or assessment that may arise, and payment of any such costs are your responsibility.
Merchandise and Gift Cards will be shipped via the shipping method selected from the options provided on the Sites at the rate calculated during checkout. All shipping times represented on the Sites are for approximation only, and do not constitute, or imply a delivery date guarantee. Were serve the right to change shipping carriers, and rates without notice. Unless otherwise stated, free Gift Card shipping will be provided by the United States Postal Service, First-Class mail, and is not guaranteed to arrive in any number of days.
No express shippers deliver to PO boxes, so a physical shipping address must be provided when selecting any paid shipping method, other than USPS.
We can only accept orders with a billing and shipping address within the 50 United States.
Should you have questions regarding your order or charges to your credit card, call Del Taco Customer Service at 800-852-7204, Monday through Friday, from 8am to 5pm, Pacific Standard Time.
THIRD PARTY LINKS AND CONTENT
There may be links from the Sites, or communications you receive from the Sites, to third party websites. We do not control those third party websites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party websites.
MOBILE ACCESS AND APPLICATIONS
The Sites may offer features and services that are available to you via your mobile Device or via mobile application. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Site, download applications to your mobile Device, access Sites features or purchase products or services via mobile application (collectively, the "Mobile Features"). If you elect to participate in Mobile Features, standard messaging, data and other fees may be charged by your carrier. Fees and charges for access, messaging and transmission of will appear on your mobile bill or be deducted from your pre-paid balance. For purchases made via mobile application, the fees or charges for products and services may be billed to your mobile carrier or may be charged to an authorized credit card. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable short code for the Mobile Feature.
If you have registered for Mobile Features, you agree to notify Del Taco of any changes to your mobile number and update your account on the Sites to reflect this change.
OUR DISCLAIMER OF WARRANTIES
THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DEL TACO AND ITS EMPLOYEES, MANAGERS, OFFICERS, SHAREHOLDERS, MEMBERS AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY,THE "DEL TACO PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B)THE MATERIALS; (C) USER CONTENT; (D) ANY PRODUCTS OFFERED OR REFERENCED AT THE SITES; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DEL TACO OR VIA THE SITES. IN ADDITION, THE DEL TACO PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.
THE DEL TACO PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. THE DEL TACO PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SITES IS ACCURATE, COMPLETE, CORRECT, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE IS AT YOUR SOLE RISK. THE DEL TACO PARTIES DO NOT WARRANT THAT YOUR USE OF THESE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE DEL TACO PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
THE DEL TACO PARTIES DO NOT ENDORSE THE USER CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OBTAINED THROUGH THE SITES.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE DEL TACO PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:(A) THE SITES; (B) THE MATERIALS; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DEL TACO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITES' TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S DEVICE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS,TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DEL TACO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE DEL TACO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE DEL TACO PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO DEL TACO, IF ANY).
BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR PROVINCE/TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
IN THE EVENT OF ANY CLAIM OR DISPUTE BETWEEN THE PARTIES, YOU WILL HAVE NO RIGHT TO SEEK OR OBTAIN INJUNCTIVE RELIEF; YOUR RIGHTS WILL BE LIMITED TO AN ACTION AT LAW TO SEEK ACTUAL MONETARY DAMAGES, IF ANY.