Use of Our Website
Intended Users. The Site is intended for use by individuals over the age of eighteen (18). The Site is not intended for use by children under the age of eighteen (18). Users of the Site under the age of eighteen (18) require the assistance of a parent or guardian.
No Responsibility to Honor Mispriced Promotions, Products, Services, or Coupons. Mambo, its clients, and its affiliates, shall have the right to refuse or cancel any mispriced coupons, promotions, or orders for products and/or services published at an incorrect price, or containing any other incorrect information or typographical errors.
Copyright and Intellectual Property Policy. All names, logos, service marks, and trademarks appearing in this Site, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property (“Content”), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, Mambo, its Clients and its Affiliates. This includes the entire Content of the Site, copyrighted and protected as a collective work.
Your use of the Site is limited to personal and non-commercial use by you only unless other uses are granted expressly to you in writing by us. You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Site Content for public or commercial purposes without our written permission for such use of Content. You may not harvest or otherwise collect information about others, take any action that imposes an unreasonably large load on the Site’s servers, violate the security of the Site, or engage in any other conduct that exposes us or any of our users to any liability or potential harm.
DISCLAIMER OF WARRANTIES. By using the Site, You expressly agree that use of the Site is at Your sole risk. The Site is provided on an “AS IS” and “as available” basis. Neither Mambo nor its affiliates or clients warrant that use of the Site will be uninterrupted or error-free. Neither Mambo nor its affiliates or clients warrant the accuracy, integrity, or completeness of the Content provided on the Site accuracy, completeness or quality of the products or services offered for sale on the Site. Further, Mambo makes no representation that content provided on the Site is applicable to or appropriate for use in all locations and for all persons. Mambo and its affiliates or clients specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title and merchantability or fitness for a particular purpose. No oral advice or written information given by Mambo or its affiliates or clients shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to You.
LIMITATION OF LIABILITY. Under no circumstances shall Mambo, its affiliates or clients be liable for any direct, indirect, incidental, special, or consequential damages that result from Your use of, or inability to use the Site, including but not limited to reliance by You on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion, or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort, or any other claim, even if an authorized representative of Mambo has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all, including but not limited to, content, merchandise, offers, promotions, coupons, and services promoted or available through the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
MAMBO IS NOT RESPONSIBLE FOR ANY AND ALL HARM AND/OR DAMAGES THAT ARISES FROM THE CONSUMPTION AND/OR USE OF THE PRODUCTS WE PROMOTE. YOU AGREE TO HOLD MAMBO FREE FROM ANY AND ALL LIABILITY IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY FOR ANY AND ALL HARM THAT ARISES FROM THE CONSUMPTION AND/OR USE OF THE PRODUCTS MAMBO PROMOTES. YOU HEREBY RELEASE MAMBO FREE FROM ANY AND ALL DAMAGES AND/OR HARM ARISING FROM THE CONSUMPTION OF AND/OR USE OF ANY PRODUCTS MAMBO PROMOTES.
Termination. Mambo may terminate Your MamboTrack Account or access to the Site at any time, for any reason, without notice, in its sole discretion. You are personally liable for any engagements on the Site prior to termination. YOU AGREE THAT MAMBO WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR YOUR MAMBOTRACK ACCOUNT. Mambo reserves the right to change, suspend, or discontinue any or all aspects of the Site at any time, without notice, in its sole discretion. If You become dissatisfied with the Site, Your only recourse is to immediately discontinue use of the Site.
DISPUTE RESOLUTION, BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. THROUGH USE OF THIS SITE YOU ARE GIVING UP RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THAT YOU OR MAMBO MAY HAVE WITH EACH OTHER THROUGH INDIVIDUAL ARBITRATION INSTEAD OF THROUGH COURT TRIALS, JURY TRIALS, OR CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
This Section is intended to be interpreted broadly to encompass all disputes or claims against Mambo arising out of this Agreement or Your purchase, or use of any product or service from Mambo or product service promoted or marketed by Mambo.
ANY DISPUTE OR CLAIM MADE BY YOU AGAINST MAMBO ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR ACCESS AND USE OF THE SITE AND/OR YOUR PURCHASE OR USE OF ANY MAMBO SERVICE OR PRODUCT OR PRODUCT OR SERVICE PROMOTED OR MARKETED BY MAMBO REGARDLESS OF WHETHER SUCH DISPUTE OR CLAIM IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (TOGETHER, A “DISPUTE”) WILL BE RESOLVED BY INFORMAL NEGOTIATIONS OR THROUGH BINDING ARBITRATION, AS DESCRIBED BELOW.
Informal Negotiations. To expedite resolution and control the cost of a Dispute, you and Mambo agree to first attempt to resolve a Dispute informally for at least thirty (30) days before initiating any arbitration. Such Informal Negotiations will commence upon written notice from one party to the other. You must send Your notice to [email protected]. Please include in the subject line of the email “Request to Negotiate”.
Arbitration Procedures. If You and Mambo, after informal negations are complete, are unable to resolve a Dispute through Informal Negotiations, either You or Mambo may elect to have a Dispute resolved by binding arbitration by notifying the other party of such election, only if not satisfied with the remedy.
YOU AND MAMBO AGREE THAT IN THE EVENT EITHER PARTY ELECTS TO ARBITRATE, THE ARBITRATOR(S) DECISION SHALL BE CONCLUSIVE AND BINDING ON ALL PARTIES. FURTHERMORE, ALL PARTIES TO THE ARBITRATION PROCEEDING AGREE AND CONSENT THAT ALL ARBITRATION PROCEEDINGS SHALL BE HELD IN CAMDEN COUNTY IN THE STATE OF NEW JERSEY.
You and Mambo agree to waive the right to litigate any Dispute in court and before a jury, and agree that this Arbitration provision will be governed by the Federal Arbitration Act to the maximum extent permitted by law. You and Mambo further agree that any arbitrator that arbitrates a Dispute under this provision is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another.
The Arbitration will be commenced and conducted by one (1) arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Procedures”), both of which are available at the AAA website www.adr.org, or which may be acquired by calling the AAA at 1 (800) 778-7879.
Any Arbitration will be confidential, and neither You nor Mambo may disclose the existence, content, or results of any Arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
If any portion of this Arbitration Provision is determined by a court or the arbitrator to be inapplicable or invalid, then the remainder shall still be given full force and effect.
In all Arbitrations, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration.
We take Your privacy seriously, and we want You to know how we collect, use, share and protect Your information.
• What information we collect
• How we use that information
• How we may share that information
• How we protect Your information
INFORMATION WE COLLECT; Information You Give Us. We receive and may store any information when You enter on our Site.
HOW WE SHARE THE INFORMATION WE COLLECT.
MamboTrack Data Usage
What user information is required to create a MamboTrack Account?
MamboTrack user data is stored an only used for market research purposes (e.g. surveys, in-home product testing) and is not sold or shared with third parties.* Any demographic or lifestyle data is collected only for profile or research targeting purposes.
• Your name
• Your mailing address
• Your e-mail address
• Your phone number
• Your credit card number and other payment information
It may also include information You give us about other people, such as the name and address of a gift recipient.
[*Any release of MamboTrack names is only for the purpose of market research, product, or incentive fulfillment, all of which are valid for one (1) single use only per our contractual agreement.]
Automated Information Collection. Mambo possibly will employ site data and statistical software amongst other data tracking software. Mambo may employ these along with other possible analytic software to help Mambo understand and enhance Our interactions with You. Mambo may permit web analytics and other providers to collect and process information on our Site using the technologies described above. We also may share personal information with those providers.
Areas of our Site and applications therein may collect certain information, such as the type of mobile device used, or Your specific geographical location. To allow any application to identify Your location, You must enable this functionality through Your mobile device’s settings to allow the use of technologies such as Wi-Fi, GPS signals, cell tower position, or other technologies. Mambo has no control over Your device’s settings.
HOW WE USE THE INFORMATION WE COLLECT. We use the information we collect for things like:
• Delivering promotions or coupons
• Marketing and advertising products and services
• Conducting research and analysis
• Communicating things like special events and surveys
We will retain Your information for as long as needed to provide You services, comply with our legal obligations, resolve disputes, and enforce our agreements.
Sometimes we may be required to share personal information in response to a regulation, court order, or subpoena. We may also share information when we believe it is necessary to comply with the law. We may also share information to respond to a government request or when we believe disclosure is necessary or appropriate to protect the rights, property or safety of Mambo, our customers, or others; to prevent harm or loss; or in connection with an investigation of suspected or actual unlawful activity. We may also share personal information in the event of a corporate sale, merger, acquisition, dissolution or similar event.
HOW WE PROTECT THE INFORMATION WE COLLECT. We use reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it. Mambo cannot ensure or warrant the security of any information You transmit to us and You do so at Your own risk.
PROTECTING CHILDREN’S PRIVACY. We are committed to protecting children’s privacy on the Internet, and we do not knowingly collect personal information from children under the age of thirteen (13).