Terms of Service

Effective Date: August 6, 2026

These Terms of Service ("Terms") are a legal agreement between you and Salt Holdings LLC, doing business as Poquitos ("Poquitos," "we," "us," or "our"), governing your access to and use of vivapoquitos.com and any related pages, online ordering, gift card purchases, reservations, loyalty program, and communications we operate (together, the "Services"), as well as your visit to our restaurant at 1000 E Pike Street, Seattle, Washington.

Please read these Terms carefully. By using the Services, you accept them. If you do not accept them, do not use the Services. You represent that you are at least 18 years old and that the information you submit to us is accurate.

THESE TERMS CONTAIN A DISCLAIMER OF WARRANTIES (SECTION 10), A LIMITATION OF LIABILITY (SECTION 11), AND A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 14) THAT AFFECT YOUR LEGAL RIGHTS.

1. Changes to These Terms

We may modify these Terms or the Services at any time. Changes take effect when posted on this page, and we will update the Effective Date above. Your continued use of the Services after a change means you accept the revised Terms. If you do not agree, stop using the Services.

2. Menus, Pricing, and Food Safety

Menus, items, prices, hours, and availability are subject to change without notice, and we do not guarantee that anything shown on the Services is currently available. Prices shown online may differ from in-restaurant prices. Applicable taxes, service charges, and any automatic gratuity for large parties are disclosed at the point of sale or on our menus.

Allergens. Our kitchen prepares food containing common allergens including milk, eggs, wheat, soy, tree nuts, peanuts, fish, shellfish, and sesame. We cannot guarantee that any item is free of any allergen, and cross-contact may occur. If you have a food allergy or dietary restriction, tell your server before ordering. You are responsible for your own dietary decisions.

Raw and undercooked items. Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.

3. Alcohol Service

We serve alcohol under a license issued by the Washington State Liquor and Cannabis Board. You must be 21 or older and present valid, unexpired government-issued photo identification to be served. We do not sell or ship alcohol through this website. We reserve the right to refuse service, to refuse to serve alcohol to any person, and to remove any person from our premises, in our sole discretion and consistent with applicable law.

4. Reservations, Private Events, and Catering

Reservations may be made through third-party platforms we use. Your use of those platforms is also governed by their own terms and privacy policies, and we are not responsible for them.

Reservations are held for a limited grace period and may be released if you arrive late. For large parties, private events, and catering, we may require a deposit, a credit card on file, a signed event agreement, a food and beverage minimum, and a cancellation deadline. Those event-specific terms are set out in the applicable event agreement or booking confirmation, and they control over these Terms to the extent they conflict. Deposits and cancellation fees are as stated in that agreement.

5. Online Orders, Gift Cards, and Payments

Payments. Payments made through the Services are processed by third-party payment processors. We do not store your full payment card number. By submitting payment information, you represent that you are authorized to use the payment method.

Order accuracy. We may cancel or refuse any order, including where an item is unavailable or where a price or description was posted in error. If we cancel a paid order, we will refund the amount charged.

Gift cards. Gift cards issued by us are redeemable for food and beverage at Poquitos. They carry no expiration date and are not subject to dormancy or service fees, consistent with Washington law. Gift cards are not redeemable for cash except as required by law, cannot be reloaded unless we state otherwise, and are not replaceable if lost, stolen, or destroyed. Gift cards may not be resold. Treat them like cash.

Refunds. Except as required by law or as stated in a written event agreement, food and beverage sales are final.

6. Loyalty Program

If you enroll in our loyalty or rewards program, points, credits, and rewards have no cash value, are personal to you, and may not be sold, transferred, or combined with another member's account. We may change, suspend, or end the program, adjust earning and redemption rates, or expire unused points at any time, with notice where required by law. We may suspend or close an account we reasonably believe is being used fraudulently or in violation of these Terms, and forfeit its balance.

7. Your Content and Submissions

You are responsible for anything you send us or post through the Services, including reviews, comments, photographs, and messages ("User Content"). You agree not to submit User Content that: infringes anyone's intellectual property or privacy rights; is false, defamatory, obscene, harassing, hateful, or sexually explicit; degrades any person on the basis of a protected characteristic; contains advertising or solicitation; or violates any law.

You may only post User Content that is your own or that you have the right to post. By submitting User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, adapt, publish, translate, distribute, and display it in connection with our business, including in marketing, on our website, and on social media, without compensation to you. You confirm you have permission from anyone identifiable in the content.

We are not obligated to publish User Content, do not endorse it, and do not monitor it. We may remove, edit, or refuse any User Content at any time, for any reason or no reason.

The Services are not directed to children under 13, and we do not knowingly accept User Content from them. If you are a parent or guardian with a concern about your child's use of the Services, contact us at info@vivapoquitos.com.

8. Photography and Recording at Our Venue

We and our guests may take photographs or video at our restaurant and at events held there. By entering, you consent to being photographed or recorded and to our use of that content for promotional purposes, without compensation. If you prefer not to appear, tell a manager and we will accommodate you where reasonably possible. We may also use security cameras on the premises.

9. Prohibited Uses and Our Intellectual Property

You may not: use the Services in violation of any law; impersonate any person or misrepresent your affiliation; attempt to gain unauthorized access to the Services or any related system; interfere with or disrupt the Services, including by introducing malicious code or placing an unreasonable load on our systems; scrape or harvest data from the Services by automated means; or resell or commercially exploit the Services. We may investigate suspected violations, cooperate with law enforcement, and suspend or terminate your access at any time without notice.

All content on the Services other than User Content, including text, photographs, menus, recipes, graphics, logos, and design elements, is owned by us or our licensors and protected by copyright and trademark law. "Poquitos" and our logos and trade dress are our marks. You may view and print pages for your personal, non-commercial use only. You may not otherwise copy, reproduce, modify, distribute, or create derivative works from our content without our prior written permission. To request permission, contact us using Section 16.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT INFORMATION ON THE SERVICES, INCLUDING MENUS, PRICES, HOURS, AND NUTRITIONAL OR ALLERGEN INFORMATION, IS ACCURATE, COMPLETE, OR CURRENT.

These disclaimers do not exclude any statutory consumer rights, or liability for personal injury or for our own fraud, gross negligence, recklessness, or intentional misconduct. If applicable law does not allow the exclusion of certain warranties, those exclusions apply to you only to the extent permitted.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER POQUITOS NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US THROUGH THE SERVICES IN THE SIX MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED DOLLARS ($100).

These limitations do not exclude any statutory consumer rights, or liability for personal injury or for our own fraud, gross negligence, recklessness, or intentional misconduct. Some jurisdictions do not allow certain limitations, in which case our liability is limited to the extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Poquitos and its members, managers, officers, employees, and agents from any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your User Content, your use of the Services, your breach of these Terms, your violation of any law, or your violation of the rights of any third party. You may not settle any such claim without our prior written consent. This section does not require you to indemnify us for our own fraud, misrepresentation, or unconscionable commercial practice.

13. Third-Party Links and Services

The Services may link to or rely on websites and services operated by others, including reservation platforms, payment processors, delivery providers, and social media. We do not control them, do not endorse them, and are not responsible for their content, terms, privacy practices, or performance. Review their terms and privacy policies before using them.

14. Disputes, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

a. Informal resolution first. Before starting arbitration, the party raising a dispute must send written notice describing the dispute to the other party and allow 30 days to respond. Notice to us must be sent by first class or registered mail to: Salt Holdings LLC, 1000 E Pike Street, Seattle, WA 98122. Notice to you will be sent to the postal or email address we have on file. This step is a condition precedent to arbitration.

b. Agreement to arbitrate. Except as stated below, you and Poquitos agree that any dispute arising out of or relating to these Terms, the Services, any purchase from us, or any communication between us will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, available at www.adr.org. "Dispute" is given the broadest meaning permitted by law. Either party may instead bring an individual claim in small claims court if it qualifies. Nothing here prevents either party from seeking injunctive relief in court to protect intellectual property rights.

c. Location. Unless we agree otherwise, arbitration will take place in King County, Washington, or you may elect a documents-only proceeding or a hearing by telephone or video.

d. No class actions. You and Poquitos may bring claims against each other only in an individual capacity, not as a plaintiff or class member in any class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

e. Jury trial waiver.YOU AND POQUITOS WAIVE ANY RIGHT TO A JURY TRIAL in any proceeding arising out of or relating to these Terms.

f. Your right to opt out. You may opt out of this arbitration agreement within 30 days after you first use the Services or make a purchase from us, or within 30 days after we notify you of a material change to this section. To opt out, email info@vivapoquitos.com or mail a letter to Salt Holdings LLC, 1000 E Pike Street, Seattle, WA 98122, including your printed name, mailing address, and the words "Reject Arbitration." Opting out does not affect any other part of these Terms.

g. Governing law and venue. These Terms are governed by the laws of the State of Washington, without regard to its conflict of laws rules. Where a dispute is permitted to be litigated in court, you consent to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.

15. General

Entire agreement. These Terms, together with our Privacy Policy and any written event or catering agreement, are the entire agreement between you and us regarding the Services.

Severability. If any provision is held unenforceable, the remaining provisions stay in effect and the unenforceable provision will be replaced by an enforceable one that comes closest to its intent.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms without our written consent. We may assign them, including in connection with a sale or transfer of our business.

Survival. Sections 7, 9, 10, 11, 12, 14, and 15 survive termination of these Terms or your use of the Services.

Termination. We may restrict, suspend, or terminate your access to the Services at any time, with or without notice. On termination, you must stop using the Services and our content.

16. Accessibility

We want the Services to be usable by everyone. If you have difficulty accessing any part of this website or need assistance with a reservation or order, contact us at info@vivapoquitos.com or call the restaurant, and we will work with you to provide the information or service you need.

17. Contact Us

Questions, complaints, claims, accessibility requests, or requests to use our copyrighted work or marks should be directed to:

Salt Holdings LLC d/b/a Poquitos
1000 E Pike Street
Seattle, WA 98122
info@vivapoquitos.com

Privacy Policy

Effective Date: August 6, 2026

Salt Holdings LLC, doing business as Poquitos ("Poquitos," "we," "us," or "our"), operates vivapoquitos.com and the related online services described in our Terms of Service (the "Services"). This policy explains what personal information we collect, how we use it, who we share it with, and the choices you have. Terms defined in our Terms of Service have the same meaning here.

1. Information We Collect

Information you give us. Name, email address, phone number, mailing or billing address, reservation details and party size, dietary or seating preferences you choose to share, event and catering inquiries, gift card recipient information, loyalty program enrollment details, job applications, and the content of messages, reviews, and photos you send us.

Payment information. Payments are processed by third-party payment processors. They receive your card details directly. We do not store full payment card numbers; we may receive limited information such as the last four digits, card type, and transaction result.

Information collected automatically. IP address, device and browser type, operating system, referring page, pages viewed, time and date of your visit, time spent on pages, and similar diagnostic data, collected through cookies and comparable technologies.

Information from third parties. Reservation platforms, delivery and online ordering partners, payment processors, our point-of-sale provider, and social media platforms may share information with us about your bookings, orders, and interactions.

2. How We Use Information

  • To take and manage reservations, orders, events, and catering

  • To process payments, gift cards, and refunds

  • To operate our loyalty program

  • To respond to your inquiries and provide customer service

  • To send you newsletters, offers, and event announcements, where you have opted in or where permitted by law

  • To maintain, secure, analyze, and improve the Services

  • To detect and prevent fraud, abuse, and other harmful activity

  • To comply with legal obligations and enforce our Terms of Service

3. Cookies and Analytics

We use cookies and similar technologies to operate the site, remember your preferences, maintain security, and understand how the Services are used. You can set your browser to refuse cookies or alert you when one is sent, but parts of the Services may not work properly if you do.

We use third-party analytics and advertising services, which may include Google Analytics and Google Ads, to measure site traffic and to show our ads to people who have visited our site. These providers use cookies to collect information about your visits. You can opt out of Google Analytics using Google's browser add-on at tools.google.com/dlpage/gaoptout, and manage ad personalization at adssettings.google.com. Google's privacy practices are described at policies.google.com/privacy.

4. How We Share Information

We do not sell your personal information. We share it only as follows:

  • Service providers. Companies that host our website, process payments, manage reservations and online ordering, run our point-of-sale and loyalty systems, send our emails, and provide analytics. They may use your information only to perform services for us.

  • Legal and safety. When required by law or valid legal process, or where we believe in good faith that disclosure is necessary to comply with a legal obligation, protect our rights or property, investigate suspected wrongdoing, protect the safety of any person, or defend against legal liability.

  • Business transfers. In connection with a merger, acquisition, financing, or sale of all or part of our business, subject to this policy.

5. Marketing Choices

You can unsubscribe from marketing emails at any time using the link in any message or by emailing info@vivapoquitos.com. We will still send you transactional messages such as reservation confirmations, order receipts, and gift card notifications. If you consent to receive text messages from us, you can stop them by replying STOP; message and data rates may apply.

6. Data Retention and Security

We keep personal information only as long as needed for the purposes described in this policy, or as required for tax, accounting, and other legal obligations, and then delete or de-identify it. We use commercially reasonable administrative, technical, and physical safeguards to protect your information. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

7. Transfers

We operate in the United States, and the information we collect is stored and processed here. If you access the Services from outside the United States, you understand that your information will be transferred to and processed in the United States, where data protection laws may differ from those in your country.

8. Your Rights and Choices

You may request access to, correction of, or deletion of the personal information we hold about you by emailing info@vivapoquitos.com. We will respond as required by applicable law and may need to verify your identity before acting. Depending on where you live, you may have additional rights, and we will honor those rights as the law requires.

9. Children's Privacy

The Services are intended for adults. They are not directed to children under 13, and we do not knowingly collect personal information from anyone under 16. If you believe a child has provided us with personal information, contact us at info@vivapoquitos.com and we will take steps to delete it.

10. Third-Party Sites

The Services may link to sites we do not operate. We are not responsible for their content or privacy practices. Review the privacy policy of any site you visit.

11. Changes to This Policy

We may update this policy from time to time. We will post the revised policy on this page and update the Effective Date above. Material changes may also be announced by email or a notice on the Services. Changes take effect when posted. Please review this page periodically.

12. Contact Us

Salt Holdings LLC d/b/a Poquitos
1000 E Pike Street
Seattle, WA 98122
info@vivapoquitos.com