Terms and Conditions
Effective date: August 2, 2026
1. Agreement to These Terms
These Terms and Conditions (“Terms”) are an agreement between you and Lamkone Restaurants, Inc., doing business as Wahoo’s Fish Taco (“Wahoo’s,” “we,” “us,” or “our”). They govern your use of www.wahoos.com (the “Site”), the Wahoo’s mobile app (the “App”), our loyalty and text message programs, and purchases made through the Site. By using the Site or App you accept these Terms, and where we ask you to accept them affirmatively, such as a checkbox at checkout or during registration, that acceptance is recorded along with the date and the version of these Terms in effect.
Our Privacy Policy explains how we handle personal information and is part of these Terms. When we make material changes to these Terms, we will update the effective date above and post the revised version on this page. Material changes to the dispute resolution section apply prospectively only, and we will provide reasonable notice of them. Your continued use of the Site after changes are posted means you accept the revised Terms.
2. Eligibility
The Site is intended for users who are at least 13 years old. Making a purchase or enrolling in a program requires that you are at least 18 or have the consent of a parent or guardian.
3. Permitted Use of the Site
You may use the Site for your personal, non-commercial purposes. You agree not to: interfere with the operation or security of the Site; attempt to gain unauthorized access to any account or system; scrape, harvest, or copy Site content in bulk; use the Site to send spam or malicious code; impersonate any person; or use the Site in violation of any law. We may suspend or block access that violates this section.
4. Our Content and Trademarks
The Site and its contents, including the Wahoo’s name and logos, menu descriptions, photographs, graphics, and text, are owned by or licensed to Wahoo’s and are protected by copyright, trademark, and other laws. You may view, download, and print pages for personal use. Any other use, including commercial use or republication, requires our prior written permission.
5. Menus, Prices, and Photos
Menu items, prices, ingredients, and hours vary by location and may change without notice. Food photographs are for illustration. For allergen concerns, see Section 12 and speak with restaurant staff before ordering.
6. Loyalty Program and Accounts
The Wahoo’s loyalty program is subject to the program rules presented at registration, and participation is described in the financial incentive notice in our Privacy Policy. You are responsible for keeping your login credentials confidential and for activity under your account. You can delete your account as described in the Privacy Policy.
7. Text Message Program (SMS Disclosure)
Subscribers can opt-in for SMS messages from Wahoo’s Fish Taco as a part of the loyalty registration process at wahoos.com. By doing so, you agree to receive automated promotional and personalized marketing text messages from Wahoo’s Fish Taco to the mobile phone number you provided when signing up. Messages may pertain to promotional programs, new menu items, and similar updates. Messages for this program will be sent from 9493597277 and begin with Wahoo’s Loyalty Rewards. Consent to receive automated marketing messages is not a condition of any purchase. Message frequency varies. Message and data rates may apply.
You may revoke your consent at any time through any reasonable method, including by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to 9493597277, by emailing [email protected], or by calling 949 223 6127. After a text opt-out you will receive one additional message confirming that your request has been processed. For help, text HELP to 9493597277 or contact us using the details above. Carriers are not liable for delayed or undelivered messages. Text messaging opt-in data and consent will not be shared with third parties for their marketing purposes.
8. Gift Cards
Gift cards are issued and administered through our gift card service provider, and balance and account services are available through the gift card portal linked from the Site. Gift cards are not redeemable for cash except where required by law; for example, California residents may redeem a gift card for cash when its remaining balance is less than fifteen dollars. Gift cards do not expire except where permitted by law and are not replaceable if lost or stolen except where required by law.
9. Merchandise Purchases
Merchandise ordered through the Site is subject to availability. Prices are in U.S. dollars and may change without notice. We may cancel an order because of a pricing error, suspected fraud, or a stock issue, in which case you will receive a full refund. Payment is handled by our third-party payment processor; we do not store full card numbers.
10. Shipping and Returns (Merchandise)
This section applies to merchandise and physical gift cards purchased on the Site. It does not apply to food orders.
- Orders are processed within 2 to 4 business days, and you will receive tracking by email when your order ships. We currently ship within the United States. Shipping charges are calculated at checkout.
- Unworn, unwashed merchandise with tags attached may be returned within 30 days of delivery for a refund or exchange. Contact [email protected] with your order number to start a return. Return shipping is the customer’s responsibility unless the item arrived damaged or incorrect.
- If your order arrives damaged or incorrect, contact us within 7 days of delivery with photos and your order number and we will replace it or refund you at no cost.
- Approved refunds are issued to the original payment method within 5 to 10 business days after we receive and inspect the return.
- Gift cards are not returnable or redeemable for cash except where required by law.
11. Online Food Ordering
Food ordering is provided through third-party ordering platforms reached by links from the Site. Orders placed on those platforms are governed by their terms and privacy policies.
12. Food and Allergen Information
Our food is prepared in kitchens that handle common allergens, and we cannot guarantee that any item is free of a particular allergen. Nutritional information on the Site is provided for general reference. Please tell restaurant staff about any allergy before ordering.
13. Disclaimer of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW LIMITS ON IMPLIED WARRANTIES, SO SOME OF THESE LIMITS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WAHOO’S AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA OR PROFITS OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TRANSACTION AT ISSUE OR ONE HUNDRED DOLLARS.
Nothing in these Terms limits liability for fraud, willful misconduct, or gross negligence, for personal injury caused by Wahoo’s, or for any other liability that cannot lawfully be limited, and nothing in these Terms waives statutory rights that cannot be waived. Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.
15. Indemnification
You agree to indemnify and hold Wahoo’s harmless from claims, damages, and expenses, including reasonable attorneys’ fees, arising from your violation of these Terms or misuse of the Site.
16. Dispute Resolution: Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Informal resolution first. Before filing a claim, you agree to contact us at [email protected] or by mail at 1185 Warner Avenue, Tustin, California 92780 with a written description of the dispute and give us 30 days to work with you toward a resolution.
Binding arbitration. If we cannot resolve a dispute informally, you and Wahoo’s agree that any dispute arising out of or relating to these Terms, the Site, or the App will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. The arbitration will be held in Orange County, California, or another location convenient to you as the AAA rules provide, and may proceed by video or phone. Judgment on the award may be entered in any court with jurisdiction.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property.
Class action waiver. YOU AND WAHOO’S EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, except where that waiver is prohibited by law. If the class action waiver is found unenforceable as to a particular claim, that claim shall proceed in court, and the remainder of this section stays in effect.
Your right to opt out. You may opt out of this arbitration agreement by emailing [email protected] with the subject “Arbitration Opt-Out,” your name, and the email or phone number associated with your account, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
17. Governing Law and Venue
These Terms are governed by the laws of the State of California without regard to its conflict of law provisions. Any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Orange County, California, and you consent to jurisdiction there.
18. Termination, Severability, and Entire Agreement
We may suspend or terminate access to the Site for violations of these Terms. If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms, together with the Privacy Policy and any program rules, are the entire agreement between you and Wahoo’s about the Site.
19. Accessibility
Our accessibility statement is available at wahoos.com/accessibility.
20. Contact
Lamkone Restaurants, Inc. dba Wahoo’s Fish Taco
1185 Warner Avenue, Tustin, California 92780
Email: [email protected]
Phone: 949 223 6127