TERMS AND CONDITIONS OF USE
Last Updated November 1, 2018
Mambo Chelada, Inc. (“Mambo Chelada”) provides this website and related features to you when you visit or shop at www.mambochelada.com (“Mambo Services”). By using Mambo Services, you agree to the following terms and conditions:
Your privacy is important to Mambo Chelada, and for further details, please view our data policy.
Mambo Chelada may communicate with you, directly or through third parties, by emails, text messages, or other electronic means while providing Mambo Services. You consent to receive electronic communications from us, and you may keep a copy of any communication for your records. Mambo Chelada is under no obligation to retain copies of any communication on your behalf, except as may be required by law. You agree that any requirement that a communication, notice, disclosure or agreement be in writing is satisfied by our mutual electronic communications.
Mambo Services may link you to third party websites over which Mambo Chelada has no control, and which may be subject to terms and conditions or data policies that differ significantly from Mambo Chelada’s. The links are for your convenience only; however, for payment and shipping, the links are necessary to complete your customer order. Mambo Chelada does not represent or warrant the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about a linked third-party website or the content, products, or services contained therein.
All products sold through Mambo Services are shipped through a third-party shipper, free on board. This means that the products belong to you when they are delivered to the carrier, and therefore, Mambo Chelada is not responsible for subsequent losses.
All content provided to you with Mambo Services is property of Mambo Chelada and is protected by United States and international copyright laws.
Mambo Chelada is owner of registered and common law trademarks, including MAMBO CHELADA®. The identifying images, logos, catchphrases, tags, scripts, headers, footers, and names presented on or in association with Mambo Services and Mambo Chelada’s products are Mambo Chelada trademarks or trade dress. You agree that you may not use Mambo Chelada trademarks or trade dress in connections with any product or service in a manner that is likely to cause confusion among Mambo Services’ consumers or Mambo Chelada’s product consumers, or in any manner that disparages or discredits Mambo Services or Mambo Chelada’s products.
License and Access
Subject to your compliance with these Terms and Conditions of Use, Mambo Chelada grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Mambo Services. This license excludes any derivative use of any Mambo Services or its contents, or any use of scraping, data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to, or expressly reserved from you in these Terms and Conditions of Use are reserved and retained by Mambo Chelada or its designated assigns. Mambo Services, in whole or in part, may not be reproduced, duplicated, copied, framed, augmented, reproduced, sold, resold, visited or otherwise used for any commercial purpose without express written consent of Mambo Chelada. You may not use any meta tags or any other scripts utilizing Mambo Chelada’s name or trademarks without the separate express written consent of Mambo Chelada. The licenses granted by Mambo Chelada terminate automatically and immediately in the event that you fail to comply with these Terms and Conditions of Use.
Disclaimer of Warranties and Limitation of Liability
MAMBO SERVICES AND ALL INFORMATION, CONTENT, PRODUCTS, AND OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MAMBO SERVICES ARE PROVIDED BY MAMBO CHELADA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS SPECIFIED IN A SEPARATE WRITING. MAMBO CHELADA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MAMBO SERVICES, OR THE INFORMATION, CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MAMBO SERVICES, UNLESS SPECIFIED IN A SEPARATE WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF MAMBO SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MAMBO CHELADA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAMBO CHELADA DOES NOT WARRANT THAT MAMBO SERVICES, INFORMATION, CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MAMBO SERVICES, MAMBO CHELADA’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM MAMBO CHELADA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MAMBO CHELADA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF MAMBO SERVICES, OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MAMBO SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN A SEPARATE WRITING.
Alternative Dispute Resolution
You agree with Mambo Chelada that the Mambo Services affect interstate commerce and are governed by the Federal Arbitration Act and related federal arbitration law. You agree with Mambo Chelada that any disputes, controversies, or claims between the parties, arising out of, or in any way relating to Mambo Services, or the relationships created thereby (including matters relating to arbitral jurisdiction, enforceability, termination or arbitrability), whether in contract, statute, misrepresentation, or tort, shall be submitted to final, non-appealable arbitration, except that you may assert claims in small claims courts where applicable. For claims relating to trademarks, trade dress, disparagement, copyrights, or trade secrets, you and Mambo Chelada agree that Mambo Chelada may sue in court to enjoin the damaging acts without first initiating arbitration, and such proceedings may proceed concurrently with arbitration.
YOU ARE WAIVING YOUR RIGHT TO SUE OR DEFEND A SUIT IN COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL, BY AGREEING TO ARBITRATE. IN ARBITRATION, THERE IS NO COURT AND NO JURY, AND COURT REVIEW OF A FINAL AWARD IS LIMITED. ARBITRATION IS GENERALLY LESS FORMAL THAN PROCEEDING IN COURT, AND DISCOVERY MAY BE MORE LIMITED. AN ARBITRATOR MAY AWARD MUCH THE SAME RELIEF AS A COURT, INCLUDING DAMAGES or INJUNCTIONS, AND will FOLLOW THESE TERMS AND CONDITIONS AS A COURT WOULD.
The arbitration shall be single-arbitrator arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at www.adr.org. To start the process, and as a condition precedent to arbitration, you must first deliver a certified letter setting forth a plain statement of your claim(s) to Mambo Chelada, Inc., 6101-B Airline Dr., Houston, Texas 77076. If you receive no response to the letter within 30 days, or if an agreement is not reached between the parties regarding the matters set forth in the letter within 30 days, then you may demand arbitration through the AAA by following the then-current instructions contained on the AAA’s website at www.adr.org. Fees for filing, AAA administration, and arbitrator’s fees are set forth in the Consumer Arbitration Rules, as amended from time to time. Mambo Chelada will reimburse you for filing, AAA administration, and arbitrator’s fees (collectively, “Costs”) for claims you file totaling less than $10,000. Mambo Chelada will not request its attorney’s fees and Costs. However, if the arbitrator finds that your claims are frivolous under the standards set forth in Federal Rule of Civil Procedure 11(b), Mambo Chelada will not reimburse you for Costs, and may seek Mambo Chelada’s attorney’s fees and Costs. At your option, arbitration hearings may be held by telephone, by written documents, or in-person at a mutually-agreeable location or the county of your residence in the United States of America.
You agree with Mambo Chelada that any such claim(s) shall be only on an individual basis and not in a class, consolidated, joint, or representative action, including a representative action on behalf of the public. You and Mambo Chelada further agree that each waives any right to a jury trial in any court or arbitration.
You agree that all disputes, controversies, or claims between the parties, arising out of, or in any way relating to Mambo Services, or the relationships created thereby, shall be governed by applicable federal laws of the United States of America, (including the Lanham Act, the Copyright Act, and the Federal Arbitration Act) and the laws of the State of Texas, excluding its choice of law provisions.
These terms and conditions, as well as any other policies contained in Mambo Services, may be modified by Mambo Chelada at its sole discretion, and you consent to such modifications by your continued use of Mambo Services. You may not modify these terms and conditions except by a separate writing executed by Mambo Chelada.
In the event that any portion of these terms and conditions are held invalid or unenforceable, such provision shall (to the extent permitted by applicable law) be construed by modifying or limiting it so as to be valid and enforceable to the maximum extent compatible with, and possible under, applicable law. The provisions hereof are severable, and in the event any provision is held invalid or unenforceable in any respect, it shall not invalidate, render unenforceable or otherwise affect any other provision of these terms and conditions.
© 2018 Mambo Chelada, Inc.